8-372-Ordinance Recorded 10/3/1962i ♦ ay
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INTERIM ZONING ORDINANCE
The Deschutes County Planning Commission having requested
the Deschutes County Court to adopt an interim zoning ordinance
for a certain designated area within Deschutes County, to-wit:
Don Carlos Acreage, according to official plat as
filed and on record in the Deschutes County Court-
house, Bend, Oregon, and
WHEREAS, the Court is fully advised in the premises, and
WHEREAS, the Court has duly considered the said request, and
WHEREAS, the Court considers the request for an interim
ordinance, for the said property, to be necessary to insure that
the purposes and objectives of the proposed land use ordinance
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NOW, THERZIMRL, IT IS HEREBY ORDEMM That an interim land
use ordinance be hereby adopted to apply to the said described
land as follows:
RI RESIDMIAL DISTRICT
Section 6.01. USE. Within any Rl Residential District no building,
structure, or premises shall be used, arranged or designed to be used.,
erected, structurally altered or enlarged, except for one or more of the
following uses:
(a) aingle-family dwelling;
(b) The taking of boarders or leasing of rooms by a
resident family, providing the total number of boarders
and roo.iers does not exceed two in any single-family
dwelling, nor more than four in any legally estab-
lished tiro-famly dwelling;
(c) Parks, playgrounds, county recreation or community
centers or buildings, otined and operated by the County
of Deschutes or other governmental agency;
(d) Public buildings, such as libraries, fire stations,
pump stations, reservoirs, telephone exchanges, and
electric substations;
(e) Right of may for railroads, pourer lines, gas mains,
communication lines, sewers, water lines, and other
public utilities.
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Section 6.02. ACC33SORY USES: HOME OCCUPATIONS. The following
accessory uses or home occupations will be permitted in an R1 district:
(a) The home office, but not the principal office, of a
physician, surgeon, dentist, or other professional
person man as his residence.
(b) home occupations, as defined in Section 2.42, may be
carried on in the residence of the occupant and not in
any accessory building, provided the residential character
of the dwelling is not changed,
Section 6.03. TRANSITIONAL USES. Transitional uses shall be permitted
in an R1 district where the side of a lot abuts upon any business district
or industrial district, or upon an alley which is the boundary line
between an Rl district, and any business district or industrial district,
provided that such transitional use does not extend across a street or
alley and in no case more than 165 feet from the boundary of the less
restricted district which it adjoins, as follows:
(a) Two-family dwellings;
(b) Home occupation, as defined in Section 2.42;
(c) Public automobile parking area when located and developed
as required by Section 20.07 of this ordinance;
(d) Outdoor nursery for the growing, display, and sale of trees,
shrubs, and flowers.
(e) Privately operated kindergartens or day nurseries with
not more than ten pupils or children, none of whom are
over six years of age, provided the residential character
of the building is unchanged.
VOL 8 PACE 3 14
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Section 6.04. ACCESSORY BUILDINGS. In an Rl district accessory
buildins are permitted, but not more than two, as are customarily
incident or appropriate to a dwelling, to-wit:
(a) A private garage for not more than three motor vehicles
may be on the same lot with or within the durelling to
which it is accessory and in which garage no business
or industry is conducted. Not more than one commercial
vehicle may be stored on any lot. No part of any garage
shall be used for residential purposes, except that
domestic employees of the owner, lessee, or occupants
of the principal building and the family of any such
employee, may have sleeping quarters in such garage.
(b) A pergola, greenhouse, or hothouse for private use, a
summer house, a hobby house, and a woodshed may be on
the same lot.
Section 6.05. VARIANCES, I'lhen authorized under the procedure
provided for variances in this ordinance, the following uses will be
permitted in an R1 district:
(a) A church, a parish house, an elementary or high school, a
fraternity or sorority house or dormitory used in
connection with a school or educational institution, a
building for use e.=lusively for community club purposes,
erected by a non-profit community club for the improvement
of the community will be permitted.
(b) A garage for more than three motor vehicles, the garage
or shelter for motor vehicles being located in the basement
cellar or first story of the dwelling, or in a detached
building, or by a combination of the two, will be permitted.
a
Vot 8 PACE 37 5
The total number of vehicles sheltered on one lot having
an area of not less than 7,000 square feet nor more than
8,500 square feet shall not exceed four, nor more than
five if the lot has an area greater than 8,500 square feet.
(c) A sign or inscription of greater size or different type
for a church or parish house than allowed under Section
6.12 shall be permitted.
(d) The conversion of an existing single-family dwelling
into a two family dwelling shall be permitted, provided
that when such conversion is made there shall be on the
lot space for the parking of not less than two motor
vehicles, and proveded further that the lot have an area
of not less than 8,000 square feet.
Section 6.06. HEIGHT, In an Rl district, no building or structure
shall exceed thirty-five feet or two and one-half stories in height, except
churches, schools, governmental or municipal, philanthropic or fraternal
buildings, iihere permitted, may be built to a height of seventy feet or
six stories, provided any such building sets back from every street and
lot line one foot for each foot of height of the building in excess of
chiiiv five feet, in addition to other yard and set back requirements herein
specified; and provided further that no accessory building shall exceed
fifteen feet in height.
Section 6.07. REAR YARDS. There shall be a rear yard on every lot
in an R1 district, which rear yard shall have a minimum depth of twenty-
four feet for a one-story building, thirty feet for a two-story building.
Accessory buildings may be located in the rear yard, provided such build-
ings occupy not more than three feet to any lot line.
VOL 8 f376
In the case of a corner lot, no wall of an accessory building shall
be nearer to a side street line than the side line of the main building
and it shall also be as far from the side street line as the set set back
line fixed in this section for buildings on the side street lots or as
near thereto as the lot will permit.
Section 6.08. SIDE YARDS. In interior lots in an R1 district
there shall be a side yard on each side of the main building in width
not less than seven per cent of the width of the lot, measured along
the street, except that no side yard shall be less than five feet for
for a one-story building, nor less than six feet for a two or two-and-
one-half-story building, nor necessarily more than ten feet, except as
herein otherwise provided. Accessory buildin-s shall conform to the
set back established for the main building.
On corner lots or building sites, unless elsewhere herein or by
other ordinances otherwise provided, no main building shall be closer
than ten feet to the exterior side line.
Section 6.09. FRONT YARD: SET BACK. No building shall be erected,
constructed, or altered in an R1 district so as to project in any manner
beyond a line which is distant from the street line the average distance
therefrom of the buildings fronting on the same side of the street within
the block or within 200 feet of the building site if there is no building
closer and the buildings nearest are within the same district or zone;
provided, however, that this provision shall not be construed as requiring
a front yard of greater depth than thirty-five feet. :There no building
exists fronting on the same side of the street within the block, and also
none exists within 200 feet, no new building shall be erected with its
street wall or xralis nearer than twenty feet to the street line. Existing
buildings less than ten feet from the street line. Existing buildings
VOL 8 w E377
less than ten feet from the street line shall be excluded when estab-
lishing the set back line for a new building.
?Then by this ordinance or any other ordinance a greater set back
or a front yard of greater depth is required than specified in this
section, then such greater set back line or front yard depth shall apply.
Steps, uncovered or unenclosed porches, may under certain circum-
stances, as outlined in Section 20.10, be exempt from the foregoing set
back provisions.
Section 6.10. LOT AREA. In an R1 district the minimum requirements
shall be 7,000 square feet of lot area for each dwelling. No dwelling
shall occupy more than 30 per cent of the lot area, except when a garage
is attached to or made a part of the dwelling house, in which case A
per cent of the lot area may be occupied by such dwelling. 11here a lot
or parcel of land has an area of less than 7,000 square feet, and was
held under separate oimership, or was of record on the date of the adoption
of this ordinance by the County Court of Deschutes County, Oregon, such
lot of parcel of land may be occupied and used for any permitted use in
an R'1. Residentail District.
Section 6.11. LOT AR,A, SCHOOLS, CHURCHES, ETC. The minimum lot
area requirements for schools, churches, fraternity houses or sorority
houses or other buildings in the R1 district when such buildings are
per itted in such district, shall be of an area not less than the sum
of the area occupied by the building or buildings, including accessory
buildings and the area required for yards under the provisions of
Section 6.06. to Section 6.09, inclusive, but in no event less than
7,000 square feet.
VOL 8 PAS
Section 6.12.
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SIGNS. Signs and name plates shall be permitted in
an Rl district as follows:
(a) One name plate not exceeding six inches by twenty-four
inches in dimensions for each dwelling unit, indicating
the name of the occupant, his occupation, or both;
(b) One sign not exceeding six square feet in area for
churches or buildings other than dwellings, which
sign shall be placed flat against the building, except
in cases of churches;
(c) One sign not exceeding six square feet in area pertaining
to the sale or rent of property, provided if there be a
building that such sign shall be attached to and be
parayel `pith the front wall of the building;
(d) One temporary sign not exceeding 50 square feet in area
on a tract of land or subdivision advertising the sale
thereof, which sign shall be in place not more than one
year unless such time be extended by the commission.
(e) A nonconforming business use may have exterior signs
aggregating not more than six square feet in area.
All other signs or name plates are unlawful, unless authorized
pursuant to the provisions of this ordinance.
Section 6.13. VISION CLEARANCE. Vision clearance for the Rl
district shall be the minimum in this ordinance prescribed for any
district for which no specific clearance is fixed.
Section 6.14. PARKING SPACE REQUIRED. In an Rl district at least
one permanently maintained parking space or a private garage shall be
on the same lot as the dwelling house, or be attached thereto or made
a part of the main building. Such parking space shall not be less
than ten feet wide and twenty feet long. When a two-family dwelling
7 r .
is approved, as provided in Section 6.05 hereof, there shall be at
least two such spaces. The parking space or spaces, or garage, shall
have adequate provisions for ingress and egress to and from the street
or alley by standard sized automobiles. Parking space requirements
for buildings other than dwellings are governed by Section 20.01.
Section 6.15 PROHIBITED USES. It shall be unlawful to erect,
alter, maintain, or establish in an R1 Residential District any building,
use, or occupancy not permitted or allowed in the foregoing provisions
of Sections 6.02 to 6.05, excepting existing nonconforming uses, which
may continue as provided by Section 16.01 to 16.07. It shall be unlawful
to erect, alter or maintain any shack or temporary building for resident-
ial purposes, except a shed or office used by a contractor during the
construction of a building.
Done in open Court this 3rd day of October, 1962.
DESCHUTES COUNTY COURT
County Judge
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County Commissioner
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Count Commmissioner