10-536-Ordinance No. 66-1 Recorded 10/12/1966VOL 10 FACE 536
DESCHUTES COUNTY ORDINANCE NO. 66-1
DESCHUTES COUNTY ZONING ORDINANCE OF 1966
* � r
4
Section
TABLE OF CONTENTS
ARTICLE 1. INTRODUCTORY PROVISIONS
VOL 10 fAtE 537
Page
1.010
Title 1
1.020
Purpose 1
1.030
Definitions 1
3.240
ARTICLE 2. BASIC PROVISIONS
2.010
Compliance with Ordinance Provisions 5
2.020
Classification of Zones 5
2.030
Location of Zones 5
2.040
Zoning Maps 5
ARTICLE 3. USE ZONES
Exclusive Farm Zone F -1
3.010
Uses Permitted 6
Rural Zone F -2
3.110
Uses Permitted Outright 6
3.120
Conditional Uses Permitted 7
3.130
Lot Size 7
3.140
Setback 7
3.150
Signs 7
Rural Service Zone F-
3.210
Uses Permitted 7
3.220
Lot Size 7
3.230
Setback 8
3.240
Signs 8
Suburban Zone S -1
3.310
Uses Permitted 8
3.320
Lot Size 8
3.330
Yards 8
3.340
Building Height 9
3.350
Signs 9
t
r VOL 10 PAGE 538
TABLE OF CONTENTS (continued)
Section p$
Suburban Residential Zone S -2
3.410
Uses Permitted Outright
9
3.420
Conditional Uses Permitted
9
3.430
Lot Size
9
3.440
Yards
9
3.450
Lot Coverage
10
3.460
Building Height
10
3.470
Signs
10
3.710
Limited Residential Zone R -1
12
3.510
Uses Permitted Outright
10
3.520
Conditional Uses Permitted
10
3.530
Lot Size
10
3.540
Yards
11
3.550
Lot Coverage
11
3.560
Building Height
11
3.570
Signs
11
3.580
Off- Street Parking
11
Residential Zone R -2
3.610
Uses Permitted
11
3.620
Lot Size
11
3.630
Yards
11
3.640
Lot Coverage
12
3.650
Signs
12
3.660
Off- Street Parking
12
Commercial Zone C -1
3.710
Uses Permitted
12
3.720
Yards
12
3.730
Signs
13
3.740
Off- Street Parking
13
Industrial Zone M -1
3.810
Uses Permitted Outright
13
3.820
Conditional Uses Permitted
13
3.830
Yards
13
3.840
Signs
13
3.850
Off- Street Parking
13
f
VOL 19 PALE 539
TABLE OF CONTENTS (continued)
Section Page
Planned Development PD
3.910 Standards 13
3.920 Procedure 14
ARTICLE 4. SUPPLEMENTARY REGULATIONS
4.010 Access 15
4.020 Limitation on Buildings 15
4.030 Off- Street Parking 16
ARTICLE 5. EXCEPTIONS
5.010 Zone Boundaries 17
5.020 Authorization of Similar Uses 17
5.030 General Provisions Regarding Accessory Uses 17
5.040 Projections from Buildings 17
5.050 Maintenance of Minimum Ordinance Requirements 17
5.060 General Exception to Lot Size Requirements 18
5.070 General Exceptions to Setback and Yard Requirements 18
5.080 General Exception to Building Height Limitations 18
ARTICLE 6. CONDITIONAL USES
6.010 Authorization to Grant or Deny Conditional Uses 18
6.020 Application for Conditional Use 19
6.030 Public Hearing on Conditional Use 19
6.040 Notification of Action 19,
6.050 Standards Governing Conditional Uses 19
ARTICLE 7. NONCONFORMING USES
7.010 Continuation of Nonconforming Use or Structure 19
7.020 Discontinuance of Nonconforming Use 19
7.030 Change of Nonconforming Use 19
7.040 Destruction of Nonconforming Use 20
7.050 Completion of Structure 20
ARTICLE 8. VARIANCES
8.010 Authorization to Grant or Deny Variances 20
8.020 Circumstances for Granting Variance 20
11
A
VOL 1 PACE 4U
TABLE OF CONTENTS (continued)
Section page
8.030 Application for a Variance 21
8.040 Public Hearing on a Variance 21
8.050 Notification of Decision 21
ARTICLE 9. AMENDMENT
9.010 Amendments 21
9.020 Records of Amendments 21
ARTICLE 10. ADMINISTRATIVE PROVISIONS
10.010 Administration 21
10.020 Appeal from Ruling of Planning Commission 22
10.030 Form of Petitions, Applications, and Appeals 22
10.040 Filing Fees 22
10.050 Public Hearings 22
10.060 Time Limit on a Permit for Conditional Use or
Variance 23
ARTICLE 11. MISCELLANEOUS PROVISIONS
11.010 Interpretation 23
11.020 Severability 23
11.030 Penalty �3
VOL 10 PAGE 541
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF ZONING REGULATIONS
FOR PORTIONS OF THE UNINCORPORATED AREA OF DESCHUTES COUNTY, OREGON.
THE COUNTY OF DESCHUTES, OREGON, DOES ORDAIN AS FOLLOWS:
ARTICLE 1. INTRODUCTORY PROVISIONS
Section 1.010. Title. This ordinance shall be known as the
Deschutes County Zoning Ordinance of 1966.
Section 1.020. Purpose. Pursuant to Oregon Revised Statutes,
Chapter 215, an ordinance establishing zoning regulations for portions
of the unincorporated area of the county may be,adopted. This ordi-
nance shall not establish zoning in any area of the county until such
time as zoning regulations are subsequently adopted for an area of
the county by an amendment to Section 2.030 of this ordinance. The
purpose of this ordinance is: to encourage the orderly development
of the county; to encourage appropriate uses of land; to conserve the
value of property; to aid in the rendering of fire and police pro-
tection; to provide adequate light and air; to lessen congestion; to
prevent undue concentration of population; to facilitate adequate
provisions for community facilities such as water supply and sewerage;
to protect and enhance the appearance of the countryside; and in general
to promote the public health, safety, convenience, and general welfare.
Section 1.030. Definitions. As used in this ordinance:
(1) "Access" means the way or means by which predestrians and
vehicles enter and leave property.
(2) "Accessory use" means a structure or use incidental and sub-
ordinate to the main use of a property and located on the same lot as
the main use.
(3) "Alley" means a street which affords only a secondary means
of access to property.
(4) "Boarding, lodging, or rooming house" means a building where
lodging with or without meals is provided for compensation for not less
than 3 nor more than 15 persons in addition to members of the family
occupying such building.
(5) "Building" means a structure built for the support, shelter, or
enclosure of persons, animals, chattels, or property of any kind.
(6) "Dwelling, multi - family," means a building containing three
or more dwelling units.
VOL It) FACE 542
(7) "Dwelling, single- family," means a detached building con-
taining one dwelling unit.
(8) "Dwelling, two - family," means a detached building containing
two dwelling units.
(9) "Dwelling unit" means one or more rooms designed for occu-
pancy by one family and having not more than one cooking facility.
(10) "Family" means an individual or two or more persons related
by blood, marriage, adoption, or legal guardianship, living together
as one housekeeping unit using one kitchen, and providing means or
lodging to not more than two additional persons, excluding servants;
or a group of not more than five unrelated persons, excluding servants,
living together as one housekeeping unit using one kitchen.
(11) "Farm use" means the use of land for raising and harvesting
crops or for feeding, breeding and management of livestock or for
dairying or any other agricultural or horticultural use or any com-
bination thereof and includes the preparation of the products raised
thereon.
(12) "Floor area" means the sum of the gross horizontal areas of
the several floors of a building, measured from the exterior faces of the
exterior walls or from the center line of walls separating two buildings,
but not 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.
(13) "Grade" (ground level) means the average elevation of the
finished ground elevation at the centers of all walls of a building,
except that if a wall is parallel to and within five feet of a side-
walk, the sidewalk elevation opposite the center of the wall shall
constitute the ground elevation.
(14) "Height of building" means the vertical distance from the
grade to the highest point of the coping of a flat roof, to the deck
-2-
VOL 19 FACE 543
line of a mansard roof, or to the average height of the highest
gable of a pitch or hip roof.
(15) "Home occupation" means a lawful occupation carried on by
a resident of a dwelling within the same dwelling, in connection with
which there is no person employed other than a member of the family
residing on the premises. A hoarse occupation is an accessory use.
(16) "Hospital" means an establishment which provides sleeping
and eating facilities to persons receiving medical, obstetrical, or
surgical care with nursing service on a continuous basis.
(17) "Lot" means a parcel or tract of land.
(18) "Lot area" means the total area of a lot measured in a
horizontal plane within the lot boundary lines exclusive of public and
private roads, and easements of access to other property.
(19) "Lot, corner," means a lot abutting on two or more streets,
other than an alley, at their intersection.
(20) "Lot depth" means the average horizontal distance between
the front lot line and the rear lot line.
(21) "Lot line" means the property line bounding a lot.
(22) "Lot line, front," means the property line separating the
lot from the street, other than an alley. In the case of a corner
lot, the shortest property line along a street, other than an alley.
(23) "Lot line, rear," means a property line which is opposite
and most distant from the front lot line. In the case of an irregular,
triangular, or other shaped lot, a line 10 feet in length within the
lot parallel to and at a maximum distance from the front lot line.
(24) "Lot line, side," means any property line not a front or
rear lot line.
(25) "Lot width" means the average horizontal distance between
the side lot lines, ordinarily measured parallel to the front lot line.
(26) "Nonconforming structure or use" means a lawful existing
structure or use at the time this ordinance or any amendment thereto
becomes effective, and not conforming to the requirements of the zone
in which it is located.
(27) 'Owner" includes an authorized agent of the owner.
-3-
VOL 10 ?AGE 544
(28) "Parking space" means an enclosed or unenclosed area of
not less than 20 feet by 8 feet in size, exclusive of maneuvering
and access area, permanently reserved for the temporary storage of
one automobile, and connected with a street or alley by a driveway
which affords ingress and egress for automobiles.
(29) "Person" means every natural person, firm, partnership,
association, social or fraternal organization, corporation, estate,
trust, receiver, syndicate, branch of government, or any other group
or combination acting as a unit.
(30) "Sign" means an identification, description, illustration,
or device which is affixed to or represented, directly or indirectly,
upon a building, structure, or land, and which directs attention to
a product, place, activity, person, institution, or business. Each
display surafce of a sign shall be considered a sign.
(31) "Street" means the entire width between right -of -way lines
of every public way for vehicular and pedestrian traffic and includes
the terms "road," "highway," "lane," "place," "avenue," "alley," or
other similar designation.
(32) "Structural alteration" means any change to the supporting
members of a building including foundations, bearing walls or parti-
tions, columns, beams, or girders, or any structural change in the
roof or in the exterior walls.
(33) "Structure" means something constructed or built -and having
a fixed base on, or fixed connection to, the ground or another struc-
ture.
(34) "Trailer house" means a building or vehicle originally de-
signed or presently constructed to be used as a human dwelling or
lodging place and to be movable from place to place over streets.
(35) "Trailer park" means a plot of ground upon which two or
more trailer houses occupied for dwelling or sleeping purposes are
located, regardless of whether a charge is made for such accommodation.
(36) "Use" means the purpose for vhich land or a structure is de-
signed, arranged, or intended, or for which it is occupied or main-
tained.
(37) "Yard" means an open space on a lot which is unobstructed
from the ground upward.
(38) "Yard, front," means a yard between side lot lines and
measured horizontally at right angles to the front .lot line from the
front lot line to the nearest point of a main building.
-4-
VOL HPACE 545
(39) "Yard, rear," means a yard between side lot lines and
measured horizontally at right angles to the front lot line from the
rear lot line to the nearest point of a main building.
(40) "Yard, side," means a yard between the front and rear yard
measured horizontally and at right angles from the side lot line to
the nearest point of the building.
ARTICLE 2. BASIC PROVISIONS
Section 2.010. Compliance with Ordinance Provisions. A lot may
be used and a structure or part of a structure constructed, recon-
structed, altered, occupied, or used only as this ordinance permits.
Section 2.020. Classification of Zones. For the purposes of this
ordinance the following zones are hereby established in the county:
Abbreviated
Zone Designation
Exclusive Farm F -1
Rural F -2
Rural Service F -3
Suburban S -1
Suburban Residential S -2
Limited Residential R -1
Residential R -2
Commercial C -1
Industrial M -1
Section 2.030. Location of Zones. The boundaries for the zones
listed in this ordinance shall be indicated on the zoning maps of
Deschutes County. Zoning maps shall be adopted by reference as amend-
ments to this section.
Section 2.040. Zoning Maps. A zoning map adopted by an amend-
ment to Section 2.030 shall be prepared by authority of the planning
commission, or be a modification by the county court of a map amend-
ment so prepared. The map amendment shall be dated with the effective
date of the ordinance that adopts the map amendment. A certified print
of the adopted map amendment shall be maintained without change in the
office of the county clerk as long as this ordinance remains in effect.
-5-
VOL 546
ARTICLE 3. USE ZONES
Exclusive Farm Zone F -1
Section 3.010. Uses Permitted. In an 771 zone the following
uses and their accessory uses are permitted:
(1) Farm use.
(2) Public or private school.
(3) Church.
(4) Golf course.
(5) Park, playground, or community center owned and operated
by a governmental agency or nonprofit community organization.
(6) Utility facility necessary for public service.
Rural Zone F -2
Section 3.110. Uses Permitted Outright. In an F -2 zone the
following uses and their accessory users are permitted:
(1) Use permitted in an F -1 zone.
(2) Single- family dwelling.
(3) Trailer house on a lot.
(4) Cemetery.
(5) Hospital.
(6) Public building or use.
(7) Commercial recreation and resort type use, such as a
fishing camp, dude ranch, or holiday resort.
(8) Radio, television station, transmitter, or tower.
(9) Horse track.
(10) Planned development subject to the provisions of Sections
3.910 and 3.920.
VOL 10 PAGE 547
Section 3.120. Conditional Uses Permitted. In an F -2 zone the
following uses and their accessory uses may be permitted subject to
the provisions of Article 6:
(1) Two- family dwelling.
(2) Multi - family dwelling.
(3) Trailer park.
(4) Boarding, lodging, or rooming house.
(5) Airport.
Section 3.130. Lot Size. In an F -2 zone the minimum lot area
shall be one acre except if a community water supply or sewer system
is available for use, the minimum lot area may be one -half acre.
Section 3.140. Setback. Except as provided in Section 5.070, in
an F -2 zone no structure shall be located closer than 50 feet to a
street center line or 25 feet to a front lot line.
Section 3.150. Signs. In an F -2 zone, signs are permitted
except no sign shall be located within 100 feet from an S -1, S -2, R -1,
and R -2 zone.
Rural Service Zone F -3
Section 3.210. Uses Permitted. In an F -3 zone the following
uses and their accessory uses are permitted:
(1) Use permitted outright or as a conditional use in an F -2 zone.
(2) Any other use, except wrecking and salvage yards and a use
which has been declared a nuisance by statute, by action of the county,
or by a court of competent jurisdiction.
Section 3.220. Lot Size. In an F -3 zone, minimum lot sizes
shall be as follows:
(1) For a two - family dwelling, multi - family dwelling, or trailer
park, the minimum lot size shall be 7,000 square feet plus 1,200 square
feet for each unit over two.
(2) For any other use, the minimum lot size shall be 7,000
square feet.
-7-
VOL 10 PAGE 548
Section 3.230. Setback. Except as provided in Section 5.070,
in an F -3 zone no structure shall be located closer than 50 feet to
a street center line or 25 feet to a front lot line.
Section 3.240. Signs. In an F -3 zone signs are permitted
except that no sign shall be located within 100 feet from an S -1, S -2,
R -1, or R -2 zone.
Suburban Zone S -1
Section 3.310. Uses Permitted. In an S -1 zone the following
uses and their accessory uses are permitted:
(1) Single- family dwelling.
(2) School.
(3) Church.
(4) Golf course.
(5) Park, playground, or community center.
(6) Utility facility necessary for public service.
(7) Public building or use.
(8) Planned development subject to the provisions of Sections
3.910 to 3.920.
Section 3.320. Lot Size. In an S -1 zone:
(1) The minimum lot area shall be one acre except if a community
water supply or sewer system is available for use, the minimum lot
area may be one -half acre.
(2) The minimum lot width shall be 100 feet.
(3) The minimum lot depth shall be 100 feet.
Section 3.330. Yards. Except as provided in Section 5.070, in
an S -1 zone the yards shall be as follows:
(1) The front yard shall be a minimum of 25 feet.
(2) The 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
15 feet.
Y
voi 10 PxE 549
(3) The rear yard shall be a minimum of 20 feet.
Section 3.340. Building Height. In an S -1 zone no building
shall exceed a height of 28feet.
Section 3.350. Signs. In an S -1 zone, the following signs
are permitted:
(1) One name plate or sign not exceeding one and one -half square
feet in area for each dwelling.
(2) One nonilluminated temporary sign pertaining to the lease,
rental, or sale of property, not exceeding eight square feet in area.
(3) One temporary sign per tract of land or subdivision adver-
tising the sale of the tract or the lots, not exceeding 90 square
feet in area.
(4) One identification sign facing each bordering street, not to
exceed 90 square feet in area, for any permitted use except residences.
Such sign shall be solely for the purpose of displaying the name of
the establishment and its activities or services. It may be illuminated
but nonflashing and shall not be located in a required yard.
Suburban Residential Zone S -2
Section 3.410. Uses Permitted Outright. In an S -2 zone the
following uses and their accessory uses are permitted:
(1) Use and its accessory uses permitted outright in an S -1 zone.
(2) Trailer house on a lot.
Section 3.420. Conditional Uses Permitted. In an S -2 zone a
two - family dwelling and its accessory uses may be permitted subject
to the provisions of Article 6.
Section 3.430. Lot Size. In an S -2 zone:
(1) The minimum lot area shall be 12,500 square feet.
(2) The minimum lot width shall be 100 feet.
(3) The minimum lot depth shall be 100 feet.
Section 3.440. Yards. Except as provided in Section 5.070, in
an S -2 zone the yards shall be as follows:
VOL 19 ?AE 559
(1) The front yard shall be a minimum of 25 feet.
(2) The 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 15 feet.
(3) The rear yard shall be a minimum of 20 feet.
Section 3.450. Lot Coverage. In an S -2 zone the buildings
shall not occupy more than 30 per cent of the lot area.
Section 3.460. Building Height. In an S -2 zone no building
shall exceed a height of 28 feet.
Section 3.470. Signs. Signs permitted in the S -1 zone are
permitted in the S -2 zone.
Limited Residential Zone R -1
Section 3.510. Uses Permitted Outright. A use and its accessory
uses permitted outright in an S -2 zone are permitted outright in an
R -1 zone.
Section 3.520. Conditional Uses Permitted. In an R -1 zone the
following uses and their accessory uses may be permitted subject to
the provisions of Article 6:
(1) Two - family dwelling.
(2) Multi - family dwelling.
(3) Boarding, lodging, or rooming house.
(4) Trailer park.
Section 3.530. Lot Size. In an R -1 zone:
(1) The minimum lot area shall be 7,000 square feet.
(2) The minimum lot width shall be 70 feet.
(3) The minimum lot depth shall be 100 feet.
(4) For a two - family dwelling, multi - family dwelling, or trailer
park, the minimum lot area shall be 7,000 square feet plus 1,200 square
feet for each unit over two.
-10-
VOL 10 FACE -551
Section 3.540. Yards. Except as provided in Section 5.070,
in an R -1 zone the yards shall be as follows:
(1) The front yard shall be a minimum of 25 feet.
(2) The side yard shall be a minimum of 5 feet, except that on
corner lots the side yard on the street side shall be a minimum of
15 feet.
(3) The rear yard shall be a minimum of 20 feet.
Section 3.550. Lot Coverage. In an R -1 zone the buildings shall
not occupy more than 30 per cent of the lot area.
Section 3.560. Buildin Height. In an R -1 zone no building
shall exceed a height of 2 feet.
Section 3.570. Signs. Signs permitted in the S -1 zone are
permitted in the R -1 zone.
Section 3.580. Off- Street Parkin Off- street parking shall be
provided in accordance with Section 4.030.
Residential Zone R -2
Section 3.610. Uses Permitted. A use and its accessory uses
permitted outright or as a conditional use in an R -1 zone are permitted
outright in an R -2 zone.
Section 3.620. Lot Size. In an R -2 zone:
(1) The minimum lot area shall be 7,000 square feet.
(2) The minimum lot width shall be 70 feet.
(3) The minimum lot depth shall be 100 feet.
(4) For a two - family dwelling, multi - family dwelling, or trailer
park, the minimum lot area shall be 7,000 square feet plus 1,200 square
feet for each unit over two.
Section 3.630. Yards. Except as provided in Section 5.070, in
an R -2 zone the yards shall be as follows:
(1) The front yard shall be a minimum of 25 feet.
-11-
• . : VOL 10 PAGE 552
(2) The side yard shall be a minimum of 5 feet, except that
on corner lots the side yard on the street side shall be a minimum
of 15 feet.
(3) The rear yard shall be a minimum of 20 feet.
Section 3.640. Lot Coverage. In an R -2 zone the buildings shall
not occupy more than 50 per cent of the lot area.
Section 3.650. Signs. Signs permitted in the S -1 zone are
permitted in the R -2 zone.
Section 3.660. Off- Street Parking. _ Off- street parking shall be
provided in accordance with Section 4.030.
Commercial Zone C -1
Section 3.710. Uses Permitted. In a C -1 zone the following uses
and their accessory uses are permitted:
(1) Use and its accessory uses permitted outright or as a condi-
tional use in an R -2 zone.
(2) Retail trade establishment such as food store, drug store,
hardware store, or furniture store.
(3) Business, governmental, or professional office.
(4) Service commercial establishment such as hotel, motel, gasoline
service station, or restaurant.
(5) Financial institution.
(6) Personal and business services such as barber shop, tailoring,
printing, funeral home, laundry, or dry cleaning establishment.
(7) Commercial amusement establishments such as bowling alley or
dance hall.
Section 3.720. Yards. Except as provided in Section 5.070, in a
C -1 zone yards shall be as follows:
(1) The front yard shall be a minimum of 25 feet.
(2) The side yard abutting property in an S -1, S -2, R -1, or R -2
zone shall be a minimum of five feet.
-12-
VOL 10 PAuE 553
(3) The rear yard abutting property in an S -1, S -2, R -1, or
R -2 zone shall be a minimum of 20 feet.
Section 3.730. Signs. In a C -1 zone signs are permitted except
that no sign shall be located within 100 feet from an S -1, S -2, R -1,
or R -2 zone.
Section 3.740. Off- Street Parkin Off- street parking shall
be provided in accordance with Section 4.030.
Industrial Zone M -1
Section 3.810. Uses Permitted. In an M -1 zone the following
uses and their accessory uses are permitted:
(1) Use permitted in a C -1 zone.
(2) Any other use, except wrecking yard and salvage yard and a
use which has been declared a nuisance by statute, by action of the
county, or by a court of competent jurisdiction.
Section 3.820. Conditional Uses Permitted. In an M -1 zone
wrecking and salvage yards and their accessory uses may be permitted
subject to the provisions of Article 6.
Section 3.830. Yards. Except as provided in Section 5.070, in
an M -1 zone yards shall be as follows:
(1) The front yard shall be a minimum of 25 feet.
(2) The side yard abutting property in an S -1, S -2, R -1 or R -2
zone shall be a minimum of five feet.
(3) The rear yard abutting property in an S -1, S -2, R -1 or R -2
zone shall be a minimum of 20 feet.
Section 3.840. Signs. In an M -1 zone signs are permitted, except
that no signs shall be located within 100 feet from an S -1, S -2, R -1
or R -2 zone.
Section 3.850. Off- Street Parking. Off- street parking shall be
provided in accordance with Section 4.030.
Planned Development FD
Section 3.910. Standards. The following standards shall govern
the application of planned development in a zone in which it is per-
mitted:
-13-
VOL 10 %E554
(1) Planned development may include any uses permitted in
any zone, except uses permitted only in a M -1 zone. Standards
governing lot size, yards, off - street parking or other require-
ments shall be guided by the standards of the zone that most
nearly portray the intent of the use of the property as shown on
the comprehensive plan of the county.
(2) Planned development shall be not less than one acre in
area in F -2 and S -1 zones, not less than 12,500 square feet in area
in S -2 zones, and not less than 7,000 square feet in area in other
zones.
(3) Performance bonds may be required to insure that a planned
development proposal is completed as submitted within the time limit
agreed on by the developer and the planning commission.
Section 3.920. Procedure. In addition to complying with the
provisions of Article 9, the following procedures shall be followed
when a planned development proposal is submitted for consideration:
(1) An applicant shall submit a preliminary plan to the
secretary of the planning commission for study at least 14 days
prior to the meeting at which it will be discussed. The preliminary
plan shall include the following information:
(a) Proposed land use, building locations, and housing
unit densities.
(b) Proposed circulation pattern indicating the status
of street ownership.
(c) Proposed grading and drainage pattern.
(d) Proposed method of water supply and sewage disposal.
(e) Relation of the proposed planned development to the
surrounding area and the comprehensive plan of the
county.
(2) Prior to consideration of the plan by the planning commis-
sion, the secretary of the planning commission shall distribute copies
of the preliminary plan to the county surveyor, assessor, sanitarian,
and roadmaster for study and comment.
(3) The planning commission shall consider the preliminary plan
at a meeting at which time the comments of the county surveyor, assessor,
sanitarian, roadmaster, and secretary shall also be considered. In
considering the plan, the planning commission shall seek to determine
that:
-1�+-
VOL 10 PACE 555
(a) There are special physical conditions or objectives
of development which the proposal will satisfy to
warrant a departure from the standard regulation
requirements.
(b) Resulting development will not be inconsistent with the
comprehensive plan or zoning objectives of the county.
(c) The area around the development can be planned to be in
substantial harmony with the proposed plan.
(d) The plan can be completed within a reasonable period of
time.
(e) The streets are adequate for the anticipated traffic and
the development will not overload the streets outside the
planned area.
(f) Proposed utility and drainage facilities are adequate for
the population densities and type of development proposed.
(4) If, in the opinion of the planning commission, the foregoing
provisions are satisfied, the proposal shall be processed according to
this section and Article 9. If the planning commission finds to the con-
trary, it may recommend the application be denied or return the plan to
the applicant for revision.
(5) In addition to the requirements of this section, the commission
may attach conditions it finds are necessary to carry out the purposes of
this ordinance.
(6) Building permits in a planned development shall be issued only
on the basis of the approved plan. Any changes in the approved plan shall
be submitted to the planning commission for processing as an amendment to
this regulation.
(7) An approved planned development shall be identified on the zoning
map with the symbol "PD," in addition to the existing zoning.
ARTICLE 4. SUPPLEMENTARY REGULATIONS
Section 4.010. Access. Every lot shall abut a street, other than
an alley, for at least 25 feet.
Section 4.020. Limitation on Buildings. In an S -1, S -2, R -1 or R -2
zone there shall be only one main building on a lot.
-15-
VOL 19 f:Aa 556
Section 4.030. Off- Street Parking. At the time of erection of a
new structure in an R -1, R -2, C -1, and M -1 zone, off - street parking
spaces shall be provided as follows: Where square feet are specified, the
area measured shall be the gross floor area primary to the functioning
of the particular use of the property but shall exclude space devoted to
off - street parking or loading.
(1) Residential uses: One space per dwelling unit.
(2) Commercial accommodations: One space per guest room.
(3) Institutional uses: One space per bed.
(4) Places of assembly: One space per 4 seats or 8
feet of bench length in the
main auditorium. If no per-
manent seats are provided, 1
space per 35 square feet of
floor area used for meeting
rooms.
(5) Commercial amusement uses:
Bowling alley:
Dance hall, skating rink:
(6) Commercial uses:
Retail store:
Bank or office:
Repair shop or shop exclu-
sively handling bulky
merchandise:
Restaurant:
Mortuary or funeral home:
(7) Industrial uses:
-16-
Ten spaces per alley.
One space per 100 square feet
of floor area.
One space per 200 square feet
of floor area.
One space per 400 square feet
of floor area.
One space per 600 square
feet of floor area.
One space per 100 square
feet of floor area.
Five spaces for each room
used as a parlor or chapel.
Manufacturing establishment:
Wholesale establishment:
VOL 10 FACE 557
One space per 1,000 square
feet of floor area.
One space per 2,000 square
feet of floor area.
ARTICLE 5. EXCEPTIONS
Section 5.010. Zone Boundaries. Unless otherwise specified, zone
boundaries are section lines; subdivision lines, lot lines, center lines
of streets, alleys or railroad rights -of -way; or such lines extended. If
a zone boundary as shown on a 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, provided that this adjustment involves a distance of less
than 20 feet from the mapped zone boundary. If the adjustment involves
a distance of more than 20 feet, the procedure for an amendment shall be
followed.
Section 5.020. Authorization of Similar Uses. The planning commission
may permit in a particular zone a use not listed in this ordinance, provided
the use is of the same general type as the uses permitted there by this
ordinance.
Section 5.030. General Provisions Regarding Accessory Uses. An acces-
sory use shall comply with all requirements for a principal use, except as
this ordinance specifically allows to the contrary, and shall comply with
the following limitations:
(1) In an R -1, R -2, C -1 or M -1 zone, a fence located in a required front
yard shall not exceed a height of three and one -half feet measured from the
curb elevation.
(2) A greenhouse or hothouse may be maintained accessory to a dwelling
in an S -1, S -2, R -1 or R -2 zone only if there are no retail sales.
(3) A guest house may be maintained accessory to a dwelling in an S -1,
S -2 or R -1 zone provided there are no cooking facilities in the guest house.
Section 5.0+0. Projections from Buildings. Architectural features
such as cornices, eaves, canopies, sunshades, gutters, chimneys, and flues
shall not project more than 18 inches into a required yard.
Section 5.050. Maintenance of Minimum Ordinance Requirements. No lot
area, yard, other open space, or off - street parking existing on or after
the effective date of this ordinance shall be reduced below the minimums
required for it by this ordinance.
-17-
Section 5.060. General Exception to Lot Size Requirements. If the
aggregate of contiguous lots held in a single ownership, as recorded in
the office of the county clerk at the time of the passage of this ordi-
nance, has an area or dimension which does not meet the lot size require-
ments of the zone in which the property is located, the holdings may be
occupied by a use permitted in the zone subject to the other requirements
of the zone.
Section 5.070. General Exceptions to Setback and Yard Requirements.
The following exceptions to the front yard requirement for a dwelling are
authorized for a lot in any zone:
(1) If there are dwellings on both abutting lots with front yards
of depths less than the required depth for the zone, the depth of the
front yard for the intervening lot need not exceed the average depth
of the front yards of the abutting lots.
(2) If there is a dwelling on one abutting lot with a front yard
of less depth than the required depth for the zone, the front yard for
the lot need not exceed a depth one -half way between the depth of the
abutting lot and the required front yard depth.
(3) In determining the depth of a front yard, the required depth
shall be measured from a line parallel to and 25 feet distant from the
street center line on all streets with less than 50 feet of right -of -way.
Section 5.080. General Exception to Building Height Limitations.
Projections such as chimneys, domes, spires, elevator shaft housings,
towers, aerials, flagpoles, and other similar objects not used for human
occupancy are not subject to the building height limitations of this
ordinance.
ARTICLE 6. CONDITIONAL USES
Section 6.010. Authorization to Grant or Deny Conditional Uses.
Conditional uses listed in this ordinance may be permitted, enlarged, or
otherwise altered upon authorization by the planning commission in accord-
ance with the standards and procedures set forth in Article 6. In per-
mitting a conditional use or the modification of a conditional use, the
planning commission may impose, in addition to those standards and require-
ments expressly specified by the ordinance, any additional conditions
which the planning commission considers necessary to protect the best
interests of the surrounding property or the county as a whole. These
conditions may include increasing the required lot size or yard dimen-
sions, limiting the height of buildings, controlling the location and
number of vehicle access points, increasing the street width, increasing
the number of off - street parking and loading spaces required, limiting
the number, size and location of signs, and requiring diking, fencing,
W-T
F VOL 10 PAGE 559
screening, landscaping, or other facilities to protect adjacent or nearby
property. 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 in use or in lot area or an alteration of structure shall
conform with the requirements dealing with conditional uses.
Section 6.020. Application for Conditional Use. A property owner
may initiate a request for a conditional use or the modification of a
conditional use by filing an application with the secretary of the
planning commission, using forms prescribed pursuant to Section 10.030.
The planning commission may require other drawings or information
necessary to an understanding of the proposed use and its relationship
to surrounding properties.
Section 6.030. Public Hearing on Conditional Use. Before the
planning commission may act on a request for a conditional use, it shall
hold a public hearing.
Section 6.0+0. Notification of Action. Within five days after a
decision has been rendered with reference to a request for a conditional
use, the secretary of the planning commission shall provide the applicant
with written notice of the decision of the commission.
Section 6.050. Standards Governing Conditional Uses_. A conditional
use shall comply with the standards of the zone in which it is located,
except as these standards have been modified in authorizing the conditional
use.
ARTICLE 7. NONCONFORMING USES
Section 7.010. Continuation of Nonconforming Use or Structure.
Subject to the provisions of ORS 215.130 and subsequent provisions of
this article, a nonconforming use or structure may be continued.
Section 7.020. Discontinuance of 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.
(2) If a nonconforming use not involving a structure is discontinued
for a period of six months, further use of the property shall conform to
this ordinance.
Section 7.030. Change of Nonconforming Use. If a nonconforming
use is replaced by another use, the new use shall conform to this ordi-
nance.
-19-
VOL 10 £AUE 560
Section 7.0+0. Destruction of Nonconforming Use. If a nonconform-
ing structure or a structure containing a nonconforming use is destroyed
by any cause to an extent exceeding 80 per cent of its fair market value
as indicated by the records of the county assessor and is not returned
to use within one year from the date of destruction, a future structure
or use on the site should conform to this ordinance.
Section 7.050. Completion of Structure. Nothing contained in
this ordinance shall require any change in the 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 building, if nonconforming or intended for
a nonconforming use, is completed and in use within two years from the
time the building permit is issued.
ARTICLE 8. VARIANCES
Section 8.010. Authorization to Grant or Deny Variances. The
planning commission may authorize variances from the requirements of
this ordinance where it can be shown that, owing to special and unusual
circumstances related to a specific piece of property, strict application
of the ordinance would cause an undue or unnecessary hardship, except
that no variance shall be granted to allow the use of property for a
purpose not authorized within the zone in which the proposed use would
be located. In granting a variance, the planning commission may attach
conditions which it finds necessary to protect the best interests of
the surrounding property or neighborhood and otherwise achieve the
purposes of this ordinance.
Section 8.020. Circumstances for Granting Variance. A variance
may be granted only in the event that all of the following circumstances
exist:
(1) Exceptional or extraordinary circumstances apply to the property
which do not apply generally to other properties in the same zone or
vicinity, and result from lot size or shape, legally existing prior to
the date of this ordinance, topography, or other circumstances over
which the applicant has no control.
(2) The variance is necessary for the preservation of a property
right of the applicant substantially the same as owners of other prop-
erty in the same zone or vicinity possess.
(3) The variance would not be materially detrimental to the pur-
poses of this ordinance, or to property in the zone or vicinity in which
the property is located, or otherwise conflict with the objectives of
any county plan or policy.
-20-
VOL 10 pAcE 561
(4) The variance requested is the minimum variance which would
alleviate the hardship.
Section 8.030. Application for a Variance. A property owner may
initiate a request for a variance by filing an application with the
secretary of the planning commission using forms prescribed pursuant
to Section 10.030. The application shall be accompanied by a site
plan drawn to scale showing the condition to be varied and the dimen-
sions and arrangement of the proposed development. The planning
commission may request other drawings or material essential to an
understanding of the variance request.
Section 8.040. Public Hearing on a Variance. Before the planning
commission may act on a request for a variance, it shall hold a public
hearing.
Section 8.050. Notification of Decision. Within five days after
a decision has been rendered with reference to a request for a variance,
the secretary of the planning commission shall provide the applicant
with notice of the decision of the commission.
ARTICLE 9. AMENDMENT
Section 9.010. Amendments. An amendment to the text of this ordi-
nance or to a zoning map may be initiated by the county court, by the
planning commission, or by application of a property owner. The planning
commission shall conduct a public hearing on the proposed amendment at
its earliest practicable meeting after it is proposed and shall, within
40 days after the hearing, recommend to the county court approval, dis-
approval, or modification of the proposed amendment. If the amendment
is initiated by the county court, before enacting the ordinance it shall
request from the planning commission a report and recommendation on the
amendment and allow the planning commission 40 days to submit the report
and recommendation. After receiving the recommendation of the planning
commission, the county court shall hold a public hearing on the pro-
posed amendment.
Section 9.020. Records of Amendments. The secretary of the plan -
ning commission shall maintain records of amendments to the text and
map of this ordinance.
ARTICLE 10. ADMINISTRATIVE PROVISIONS
Section 10.010. Administration. The building inspector shall have
the power and duty to enforce the provisions of this ordinance. An
appeal from a ruling by him regarding a requirement of the ordinance may
be made only to the planning commission.
-21-
T 1 r VOL 10 ME 562
Section 10.020. Appeal from Ruling of Planning Commission. An
action or ruling of the planning commission pursuant to this ordinance
may be appealed to the county court within 15 days after the planning
commission has rendered its decision. Written notice of the appeal
shall be filed with the secretary of the planning commission. If the
appeal is not taken within the 15 -day period, the decision of the plan-
ning commission shall be final. If the appeal is filed, the county
court shall receive a report and recommendation thereon from the plan-
, ning commission and shall hold a public hearing on the appeal.
Section 10.030. Form of Petitions, Applications, and Appeals.
All petitions, applications, and appeals provided for in this ordinance
shall be made on forms prescribed 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 the buildings and other structures, exist-
ing and proposed, the existing and intended use of each building, struc-
ture or part thereof, the number of families, if any, to be accommo-
dated thereon, and such other information as is needed to determine
conformance with this ordinance.
Section 10.040. Filing Fees. The following fees shall be paid
to the secretary of the planning commission upon the filing of an
application. Such fees shall not be refundable.
(1) Amendment proposed by property owner: $15.00
(2) Conditional use permit: $15.00
(3) Variance: $15.00
Section 10.050. Public Hearings.
(1) Each notice of a hearing authorized by this ordinance shall
be published in a newspaper of general circulation in the county at
least 10 days prior to the date of hearing. In addition, at least 10
days prior to the date of hearing, notices shall be mailed to all
owners of property within 250 feet of the exterior boundary of the
property for which the application is made. For this purpose the
` names and addresses of the owners as shown on the records of the
county assessor may be used.
(2) Failure of a person to receive the notice prescribed in
Section 10.050 (1) shall not impair the validity of the hearing.
(3) The planning commission and county court may recess a hearing
in order to obtain additional information or to serve further notice
upon other property owners or persons it decides may be interested in
-22-
ii
VOL �� EA%E 563
the proposal being considered. Upon recessing, the time and date
when the hearing is to be resumed shall be announced.
Section 10.060. Time Limit on a Permit for a Conditional Use
or Variance. Authorization of a conditional use or variance shall
be void after six months unless substantial construction pursuant
thereto has taker. place. However, the planning commission may in
r its discretion extend authorization for an additional six months
on request.
ARTICLE 11. MISCELLANEOUS PROVISIONS
Section 11.010. Interpretation. Where the conditions imposed
by any provision of this ordinance are less restrictive than comparable
conditions imposed by any other provisions of this ordinance or of
any other ordinance, resolution, or regulation, the provisions which
are more restrictive shall govern.
Section 11.020. 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 in-
valid, the decision shall not affect the validity of the remaining
portions of this ordinance.
Section 11.030. Penalty. Any person violating any of the pro-
visions of this ordinance shall be subject to the provisions of ORS
215.180, 215.185, 215.190, and 215.990.
Adopted by order of the county court of the County of Deschutes
on this %d2 4 day of ®c7e e Y , 1966.
DESCHUTES COUNTY COURT
County Judge
County Clerk Commission
Commissioner
-23