8-600-Ordinance No. 1 Recorded 12/1/1963JUD PENHOLLOVTi
VOL FACE 60
TES - r GiiliIN•S C:?TN'21* . 0 ?;1`T ~~KviE.~i
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AN ORDINANiE ESTABLISHING FEE+',TJLATT0X S FOR PORTIONS OF THE LZID100-R -
PORATED AREAS OF DESCHUTES COJNU; OF' CON.
The County of Deschutes, Oregon, crelains as follows
Section 1. 'Title. This ordinance shall be known as the "zoning ordi-
nance" of the county.
Section 2. Definitions. As used in this ordinance, the masculine
includes the feminine and neuter and the singular includes the plural.
The following words and phrases, unless the context other,vise requires,
shall mean:
(1) Accessory structure or use. A structure or use incidental and
subordinate to the main use of the property and which is located cn the
same lot with the main use.
(2) Alley. A narrow street through a block primarily for vehicular
service access to the back or side of properties otherwise abutting on
another street.
(3) Apartment house. See dwelling, multi-family.
(4) Automobile wrecking yard. Any property where two or more motor
vehicles not in running condition or the parts thereof are stored or
wrecked in the open and are not to be restored to operation.
(5) Billboard. A sign which has a surface sign sp-ce upon which
advertising may be posted, painted, or affixed, and which is primarily de-
signed for the rental or lease of such sign space for advertising not
relating to the use of the property upon which the sign exists.
(6) Boarding, lodging, or rooming house. A building where lodging
with or without meals is provided for compensation for not less than five
nor more than 10 guests.
(7) Building. A structure built for the support, shelter, or enclo-
sure of persons, animals, chattels, or property of any kind.
(8) Commission. The County Planning Commission of Deschutes County,
Oregon.
(9) County court. The County Court of Deschutes County, Oregon.
(10) Dwelling, duplex; or dwelling, two-family. A detached building
containing two dwelling units.
(11) Dwelling, multi-family. A building containing three or more
dwelling units.
(12) Dwelling, single-family. A detached building containing one
dwelling unit.
(13) Dwelling unit. One or more rooms designed for occupancy by
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VOL 8 FACE 6 01
one family and not having more ;:han cn c~,c:d.ng facil i,-, but not irciud-
ing a trailer house as herein defincdt
(14) Family. An individual o^ two or more persons related by blood,
marriage, legal adoption, or guardianship living together in a dwelling
unit in which board and lodging may also be provided for not more than
four additional persons, excluding servants: or a group cf not more than
five persons who need not be related by blood, marriage, legal adoption,
or guardianship living together in a dwelling unit.
(15) Fence, sight obscuring. A fence or evergreen planting arranged
in such a way as to obstruct vision.
(16) Floor area. The area included in surrounding walls of a building
(cr portion thereof), exclusive of vent shafts and courts.
(17) Garage, private. en accessory building or portion of a main
building used for the parking or temporary storage of vehicles owned or
used by occupants of the main building.
(18) Garage, public. A building other than a private garage used for
the care and repair or motor vehicles or where such vehicles are parked or
stored for compensation, hire, or sale.
(19) Grade (ground level). The average of the finished ground level.
at the center of all walls of the building. In case a wall is parallel to
and within five feet of a sidewalk, the ground level shall be measured at
the sidewalk.
(20) Height of building. The vertical distance from the "grade" to
the highest point of the coping of a flat roof or to the deck line of a
mansard roof or to the highest gable of a pitch or hip roof.
(21) Home occupation. An occupation carried on within a dwelling
by members of a family provided: the residential character of the building
is maintained; the home occupation is conducted in such a manner as not to
give an outward appearance nor manifest any characteristic of a business
in the ordinary meaning of the term; the home occupation does not infringe
upon the right of neighboring residents to enjoy the peaceful occupanoy
of their homes for which purpose the residential zone was created and pri-
rrex ily intended; and the home occupation occupies less than one quarter of
the ground floor area of the main building and is not condo.^ted in an
accessory building.
(22) Hospital. An establishment which provides sleeping and eating
facilities to persons receiving medical, obstetrical, or surgical care and
nursing service on a continuous basis.
(23) Hotel. A building in which lodging is provided for guests for
compensation and in which no provision is made for cooking in the rooms.
(24) Junk yard. An area of more than 200 square feet not enclosed
by a building and used for the dismantling or storage of vehicles or other
machinery or for the purpose of storage of dismantled material, junk, and
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VOL FKE 602-
scrap materials, if.such activity is not incidental to the main use on the
same lot.
(25) Kennel. A lot or build'i.ng in which four - sic. a dogs or cats
at least four months of age are kept commercially for boarl, propagation,
or sale.
(26) Lot. A parcel or tract of land which is or may be occupied b;*
a structure, together wi th yards and other open spaces.
(27) Lot area. The total horizontal area within the lot lines of a
lot.
(28) Lot, corner. A lot abutting on two intersecting streets other
than an alley., provided that the streets do not intersect at an angle
greater than 135 degrees.
(29) Lot, depth. The horizontal distance from the midpoint of the
front lot line to the midpoint of the rear lot line.
(30) Lot, interior. A lot other than a corner lot.
(31) Lot line. The property line bounding a lot.
(32) Lot line, front. In the case of an interior lot, the lot line
separating the lot from the street other than an alley, and in the case of
a corner lot, the shortest lot line along a street other than an alley.
(33) Lot line, rear. A lot line which is opposite and most distant
from the front lot line and in the case of an irregular, triangular, or
other shaped lot, a line 10 feet in length within the lot parallel to and
at the maximum distance from the front lot line.
(34) Lot line, side. A lot line not a front or rear lot line.
(35) Lot width. The horizontal distance between the side lot lines
ordinarily measured parallel to the front lot line.
(36) Lotel. A building or group of buildings on the same lot con-
taining guest units with separate outside entrances and consisting of in-
dividual sleeping quarters, detached or in connected rows, with or without
cooking facilities, for rental to transients.
(37) Nonconforming structure or use. A lawful existing structure
or use at the time this ordinance or any amendment thereto becomes effec-
tive which does not conform to the requirements of the zone in which the
structure or use is located.
(38) Person. Every natural person, firm, partnership, association,
or corporation.
(39) Screening. See fence, sight obsuring.
(40) Sign. A presentation or representation, or solicitation, or a
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VOL 8 FACE 603
request for aid, or other type of advertising. This includes the board,
metal, or surface upon which the sigh is painted, included, or attached.
Each display surface of a sign shall be considered to be a sign. A sign
shall not include house numbers or signs which are within a completely
enclosed building.
(41) Story. That portion of a building included between the upper
surface of any floor and the upper surface of the floor next above, except
that the top story shall be that portion of a building included between
the upper surface of the top floor and the ceiling above. If the finished
floor level directly above a basement or cellar is more than six feet above
grade, such basement or cellar shall be considered a story.
(42) Street. The entire width between the boundary lines of every
way vh ich provides for public use for the purpose of vehicular and pedes-
trian traffic and the placement of utilities and including the terms
"road", "highway", "lane", "place", "avenue", "alley", or other similar
designations.
(43) Structure. That which is built or constructed. An edifice or
building of any kind or any piece of work artificially built up or composed
of parts joined together in some definite manner, and which requires
location on the ground or which is attached to something having a location
on the ground.
(44) Structural alteration. A change to the supporting members of
a structure including foundations, bearing walls or partitions, columns,
beans or girders, or any structural change in the roof.
(45) Trailer house. A portable building or vehicle constructed and
designed to permit human occupancy for dwelling or sleeping purposes.
(46) Trailer park. A plot of ground upon which one or more trailer
houses occupied for dwelling or sleeping purposes are located regardless of
whether a charge is made for Such accommodation.
(47) Use. The purpose for which land or a structure is designed,
arranged, or intended, or for which it is occupied or maintained.
(48) Vision clearance area. A triangular area on a lot at the inter-
section of two streets or a street and a railroad. Two sides of the tri-
angular area are lot lines measured from the corner intersection of the
lot lines for a specified distance; the third side is a line across the
corner of the lot joining the ends of the other two sides. •lhere the lot
lines at intersections have rounded corners, the lot lines will be ex-
tended in a straight line to a point of intersection. The vision clear-
ance area contains no plantings, walls, structures, or temporaroy or per-
manent obstructions exceeding three and one-half faet in height measured
from the top of the curb or if there is no curb from the street grade at
the edge of the shoulder of the roadway.
(49) Yard. An open space on a lot which is unobstructed from the
ground upward except as otherwise provided in this ordinance.
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VOL - ° 8 FACE 604
(50) Yard, front. An open space betireen side lot lines and measured
horizontally from the front lot line at right angles to the front lot line
to the nearest point of the building.
(51) Yard, rear. An open space extending between sid lot lines and
measured horizontally at right angles from the rear lot line to the near-
est point of a. main building.
(52) Yard, side. An open space between the front and rear yard
measured horizontally and at right angles from the side lot line to the
nearest point of a main building. -
Section 3• Compliance with Ordinance Provisions. Except as provided
in Sections 112 to 11 a lot, structure or part thereof shall be limited
to uses permitted outright, conditional uses, and accessory uses permitted
for the zone in which the property is located. No structure or lot shall
hereafter be used or occupied and no structure or part thereof shall be
erected, moved, reconstructed, extended, enlarged, or altered contrary
to the provisions of this ordinance.
Section 4. Zone Classifications.
(1) For the purposes of this ordinance unincorporated areas of the
county are designated as follows:
Abbreviated
Zone
Designation
Residential
Suburban agricultural acne
S-A
Suburban residential zone
S-R
Single-family low density residential zone
R-7 .5
Single-family residential zone
R-6
Medium density residen.t-al zone
R-5
High density residential zone
R-5A
Residential-trailer zone
R-5T
Marine
Marine zone
Marine
Commercial
Restricted commercial zone
C-1
General commercial zone
C-3
Industrial
Limited industrial zone
M-1
Heavy industrial zone
M-2
(2) Each zone as listed in this section is classified as more
restrictive than the zone succeeding it.
Section 5. Zoning Map.
(1) The location and boundaries of the zones enumerated in Section It
are hereby established as shown on the map entitled "Zoning Map of Deschutes
County" dated a~ and signed by the county court and county clerk and
hereafter referred to as the "zoning map", and by this reference is hereby
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incorporated herein and made a part of this ordinance.
(2) The zoning map shall be maintained on file in the office of the
county clerk.
Section 6. Zone Change Amendments. In addition to the official
ordinance passage number, all ordinances changing the zone classifications
of this ordinance shall be given a supplemental /4iugl~er and separately
VOL B FACE 605
Suburban Agricultural Zone S-A
Section 7. Principal Uses Permitted Outright. The following prin-
cipal uses are permitted outright in an S-A zone:
(1) Single-family dwelling.
(2) Existing railroad trackage.
Section 8. Conditional Uses Permitted. The following uses and their
accessory uses are permitted in an _ S -A zone when authorized in accordance
with the requirements of Sections 118 to 125:
(1) Cemetery.
(2) Church.
(3) Community club building.
(4) Golf course, including club house but excluding independent
"pitch and putt" or driving range.
(5) Hospital, sanitarium.
(6) P;iausoleum, crematorium, or columbariiim in a cemetery.
(7) Public park, playgroup:;.
(8) Public building such as a fire station, library, recreation
building, or museum.
(9) School, in accordance with the following minumum lot requirements:
(a) Nursery or kindergarten. An area of 10,000 square feet
which shall be increased by 2,500 square feet for every 10 children
or a portion thereof over 40.
(b) Primary. One acre for each three classrooms or 90 pupils
whichever requirement is greater.
(c) Elementary. One acre for each two and one-half classrooms
or 75 pupils whichever requirement is greater.
(d) Junior high. One acre for each two classrooms or 60
pupils whichever requirement is greater.
(e) Senior high. One acre for each one and one-half classrooms
or 45 pupils whichever requirement is greater.
(f) College, university or technical school operating as a
public or nonprofit organization.
(10) Utility substation or pumping substation with no equipment
storage:-
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VOL B PAGE 606
Section 9. Accessory Uses Permitted. In an S-A zone the follow-
ing accessory uses are permitted.
(1) Buildings to house fowl, rabbits, cows, horses, or other
domestic animals provided that no building other than for normal house-
hold pets is closer than 100 feet to a dwelling.
(2) Fence.
(3) Garage or carport.
(4) Greenhouse.
(5) Guest house.
(6) Homeeccupation.
(7) Lath house, tool or storage shed.
(8) Living quarters for a person employed on the premises in agri-
culture, horticulture, or timber growing, and the employets family.
(9) Playhouse.
(10) A temporary real estate office to be used for the sale of lots
in a subdivision.
(11) Roadside stand for the display and sale of agricultural and hor-
ticultural products grown on the premises.
(12) Sign or name plate according to the following requirements:
(a) One name plate or sign for a home occupation, indirectly
illuminated or nonilluminated, less than one and one-half square feet
in area for each dwelling No setback is required.
(b) One sign, not illuminated, less than six square feet in
area advertising the sale, lease, or rental of the property. No set-
back is required.
(c) One nonilluminated temporary sign per tract of land or
subdivision advertising the sale of lots thereon and not exceeding
42 square feet in area. The sign shall be reduced in size by si.x
square feet for each lot less than seven lots. Ten-foot front and
side yard setbacks are required.
(d) One temporary sign of less than 42 square feet in area
indicating the nature of a proposed new structure or use of land.
(e) For conditional uses, one indirectly illuminated or non-
illuminated sign-on each side of the lot abutting a street. The
sign shall be less than 20 square feet in area and may state the
name or use of the building or land, or may be used as a church
bulletin board. No setback is required.
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VOL FACE 607
(13) Swimming pool, tennis court, or other recreational facilities
commonly accessory to a dwelling..
Section 10. Lot Size. The lot size in an S-A zone shall be as
follows:
(1) The minimum lot area shall be two acres.
(2) The minimum lot width at the front building line shall be 100
feet.
(3) The minimum lot depth shall be 125 feet.
Section 11. Setback Re uirements. In an S -A zone the yards
shall be as follows:
(1) The front yard shall be a minimum of 30 feet. For buildings
containing a conditional use the setback shall be a minimum of 4o feet.
For buildings housing fowl, rabbits, cows, horses, or other domestic
animals the front yard shall be a minimum'of'70 feet.
(2) The side yard shall be a minimum of 10 feet. For buildings
containing a conditional use the side yard shall be a minumum of 30
feet. For buildings housing fowl, rabbits, cows, horses, or other
domestic animals the side yard shall be a minimum of 50 feet on the
side abutting a street and 25 feet on the side abutting a lot.
(3) The rear yard shall be a minimum of 20 feet. For buildings
containing a conditional use the minimum rear yard shall be 30 feet.
Section 12. Height of Building. In an S -A zone no building shall
exceed a height,of two stories and in no case shall it exceed a height
of 28 feet.
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VOL S PACE 608.
Suburban Residential Zone S-R
Section 13. Principal Uses Permitted Outright. Any principal use
permitted outright in an S-A zone is permitted outright in an S-R zone.
Section 14. Conditional Uses Permitted. Any conditional use per-
mitted in an S -A zone is permitted in an S-R zone when authorized in
accordance with the requirements of Sections 118 to 125.
Section 15. Accessory Uses Permitted. Any accessory use permitted
in an S -A zone is permitted in an -R zone.
Section 16. Lot Size. The lot size in an S-R zone shall be as fol-
lows:
(1) The minimum lot area shall be 9,600 square feet.
(2) The minimum lot width shall be 80 feet.
(3) The minimum lot depth shall be 100 feet.
Section 17. Setback Requirements. In an S-R zone the yards shall
be as follows:
(1) The front yard shall be a minimum of 25 feet except that if
there are dwellings on both abutting lots with, front yards of less than
the required depth the front yard for the lot need not exceed the average
front yard of the abutting dwellings. If there is a dwelling on one
abutting lot with a front yard of less than the required depth, the front
yard for the lot need not exceed a depth halfway between the depth of t'r.e
abutting lot and the required front yard depth. In no case shall the
front yard be less than 15 feet. For buildings containing A conditional
use, the front yard shall be a minimum of 35 feet. For buildings housing
fowl, rabbits, cows, horses, or other domestic animals other than normal
household pets, the front yard shall be a minimum of 70 feet.
(2) The side yard shall be a minimum of 10 feet. For buildings
containing a conditional use, the side yard shall be a minimum of 25 feet.
For buildings housing fowl, rabbits, cows, horses, or other domestic
animals other than normal household pets, the side yard shall be a minimum
of 50 feet.
(3) The rear yard shall be a minimum of 20 feet. For buildings con-
taining a conditional use the rear yard shall be a minimum of 25 feet.
Section 18. Height of Building. In an S-R zone no building shall
exceed a height of two stories and in no case shall it exceed a height
of 28 feet.
Section 19. Lot Coverage. In an S-R zone buildings shall not
occupy more than 30 per cent of the lot area.
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VOL 6 FACE 609
Residential Zone R-7.5
Section 20. Principal Uses Permitted Outright. Any principal use
permitted outright in an S -A zone is permitted outright in an R-7.5 zone.
Section 21. Conditional Uses Permitted. Except for a cemetery,
mausoleum, crematorium, or columbarium, aay conditional use permitted in
an S-A zone is permitted in an R-7.5 zone when authorized according to
the requirements of Sections 118 to 125.
Section 22. Accessory Uses Permitted. The following accessory
uses are permitted in an R-7. zone:
(1) Fence, providing it does not exceed a height of three and one-
half feet in the front yard and side yard abutting a street.
(2) Garage or carport.
(3) Greenhouse.
(4) Guest house with no cooking facilities.
(5) Home occupation.
(6) Lath house, tool or storage shed.
(7)- Playhouse.
(8) A temporary real estate office to be used for V e sale cf lots
in a subdivision.
(9) Sign or name plate according to the following requirements:
(a) One name plate or sign for a home occupation, indirectly
illuminated or nonill& . _iated, less than orie and one-half square
feet in area for each dwelling. No setback is required.
(b) One sign, not illuminated, less than six square feet in
area advertising the sale, lease, or rental of the property. No
setback is required.
(c) One temporary sign per tract of land or subdivision adver-
tising the sale of lots thereon and not exceeding 42 square feet in
area. The sign shall be reduced in size by six square feet for each
lot less than seven lots. Ten-foot front and side yard setbacks are
required.
(d) One temporary sign of less than 42 square feet in area
indicating the nature of a proposed new structure or use of land.
(e) For conditional uses, one indirectly illuminated or non-
illuminated sign on each side abutting a street. The sign shall
be less than 20 square feet in area and may state the name or use
of the building or land, or may be used as a church bulletin board.
No setback is required.
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VOL ° 8 FACE 610
.(10- Swimming pool, tennis court, or other recreational facilities
commonly accessory to a dwelling.
Section 23. Lot Size. The lot size in an R-7.5 zone shall be as
follows:
(1) The minimum lot area shall be 7,500 square feet.
(2) The minimum lot width, at the front building line shall be 70
feet.
(3) The minimum lot depth shall bel00 feet.
Section 24. Setback Requirements. In an R-7.5 zone the yards shall
be as follows:
(1) The front yard shall be a.minimum of 20 feet except that if
there are dwellings on both abutting lots with front yards of less than
the required depth the front yard for the lot need not exceed the average
front yard of the abutting dwellings. If there is a dwelling on one
abutting lot with a front yard of less than the required depth, the front
yard for the lot need not exceed a depth halfway between the depth
of the abutting lot and the required front yard depth. If the natural
gradient of a lot from front to rear along the lot depth line exceeds an
average of 20 per cent, the front yard may be reduced byone foot for
each 1 per cent gradient over 20 per cent, except that the front yard
shall not be less than the established front yard of buildings on
abutting lots but in no case shall the front yard for principal uses
be required to exceed 20 feet. In no case under the provisions of
this subsection shall the setback be less than 10 feet. For buildings
containing a conditional use the setback shall be a minimum of 30 feet.
(2) The side yard shall be a minimum of 10 feet. For buildings
containing a conditional use the side yard shall be a minimum of 20 feet
plus one foot for each twc Zeet by which the building height exceeds 28
feet.
(3) The rear yard for dwellings shall be a minimum of 20 feet ex-
cept that for garages with entrances on an alley the minimum rear yard
shall r,e 18 feet from the centerline of the alley. For buildings con-
taining a conditional use the rear yard shall be a minumum of 25 feet.
Section 25. Height of Building. In an R-7.5 zone no building shall
exceed a height of two stories and in no case shall it exceed a height
of 28 feet.
Section 26. Lot Coverage. In an R-7.5 zone buildings shall not
occupy more than 30 per cent of the lot area.
Section 27. Off-Street Parking. In an R-7.5 zone two off-street
parking spaces shall be provided for each dwelling unit. Off-street
parking for uses other than a dwelling shall be provided as required in
Sections 104 to 111.
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VOL 8 FACE 6i 1
Residential Zone R-6
Section 28. Principal Uses Permitted Outright. Any principal use
permitted outright in an S-A zone is permitted outright in an R-6 zone.
Section 29. Conditional Uses Permitted. Except for a cemetery,
mausoleum, crematorium, or columbarium, any conditional use permitted
in an S-A zone is permitted in an R-6 zone when authorized according to
the requirements of Sections 118 to 125.
Section 30. Accessory Uses Permitted. Any accessory use permitted
in an R-7.5 zone is permitted in an R-6 zone.
Section 31. Lot Size. The lot sizes in an R-6 zone shall be as
follows:
(1) The minimum lot area shall-be 6,000 square feet.
(2) The minimum lot width at the front building line shall be
60 feet.
(3) The minimum lot depth shall be 100 feet.
Section 32. Setback Requirements. In an R-6 zone the yards shall
be as follows:
(1) The front yard shall be a minimum of 20 feet in depth except
that if there are dwellings on both abutting lots with front yards of less
than the required depth, the front yard for the lot need not exceed the
average front yard of the abutting dwellings. If there is a dwelling on
one abutting lot with a front yard of less than the required depth, the
front yard for the lot need not exceed a depth halfway between the depth
of the abutting lot and the required front-yard. If the natural gradient
of a lot from front to rear along the lot depth line exceeds an average o
of 20 per cent, the front yc.id may be reduced by one foot for each 1 per
cent gradient over 20 per cent, except that the front yard shall not be
less than the established front yard of buildings on abutting lots but
in no case shall the front yard for principal uses be required to exceed
20 feet. In no case under the provisions of this subsection shall the set-
back be less than 10 feet. For buildings containing a conditional use
the setback shall be a minimum of 30 feet.
(2) The sib yard shall be a minimum of five feet for main buildings,
but may be reduced three feet for accessory buildings located more than
65 feet from the front property line. On corner lots the setback for all
buildings shall be a minimum of 10 feet on the side abutting a street.
For buildings containing a conditional use the side yard shall be a min-
imum of 20 feet.
(3) The rear yard for single-family dwellings shall be a minimum of
20 feet, except that for garages with entrances on an alley the minimum
rear yard shall be 18 feet from the centerline of the alley. For build-
ings containing a conditional use the rear yard shall be a minimum of
25 feet.
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Section 33. Height of Building. In an R-6 zone no building shall
exceed a height of two stories and in no case shall it exceed a height
of 28 feet.
Section 34. Lot Coverage. In an R-6 zone buildings shall not
occupy more than 30 per cent of the lot area.
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VOL B FACE 612
Residential Zone R-5
Section 35. Principal Uses Permitted Outright. The following
principal uses are permitted outright in an R- zone:
(1) Any principal use permitted outright in an S -A zone.
(2) Two-family dwellings.
Section 369 Conditional Uses Permitted. The following uses and
their accessory uses are permitted in an R- zone when authorized in
accordance with the requirements of Sections 118 to 125.
(1) Any conditional use permitted in an R-7.5 zone.
(2) Three and four-family dwellings.
Section 37. Accessory Uses Permitted. Any accessory use permitted
in an R-7.5 zone is permitted in an R- zone.
Section 38. Lot Size. The lot sizes in an R-5 zone shall be as
follows :
(1) The minimum lot area shall be 5,000 square feet for single-
or two-family dwellings. For three- and four-family dwellings the mini-
mum lot area shall be 2,000 square feet for each dwelling unit.
(2) The minimum lot width at the front building line shall be 50
feet.
(3) The minimum lot depth shall be 100 feet.
Section 39. Setback Requirements. In an R-5 zone the yards shall
be as follows :
(1) The front yard shall be a minimum of 20 feet except that if
there are dwellings on both abutting lots with front yards of less than
the required depths the front yard for the lot need not exceed the aver-
age front yard of the abutting dwellings. If there is a dwelling on one
abutting lot with a front yard of less than the required depth, the front
yard for the lot need not exceed a depth halfway between the depth of the
abutting lot and the required front yard depth. If the natural gradient
of a lot from front yard to rear yard along the lot depth line exceeds an
average of 20 per cent, the front yard may be reduced by one foot for each
1 per cent gradient over 20 per cent, except that the front yard shall
not be less than the established front yard of buildings on abutting lots
but in no case shall the front yard for principal uses be required to ex-
ceed 20 feet. In no case under the provisions of this subsection shall
the setback be less than 10 feet. For a building containing a conditional
use the setback shall be minimum of 30 feet except that three- and four-
family dwellings need only set back the distance required for uses per-
mitted outright.
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VOL 8 PACE 613
•(2) The side yard shall be a minimum of five feet for main build-
ings, but may be'reduced to three feet for accessory buildings located
more than 65 feet from the front property line. On corner lots the set-
back for all buildings shall be a minimum of 10 feet on the side abutti.ng
the street. For buildings containing a conditional use, the side yard
setback shall be a minimum of 20 feet, except that three- and four-fam!i
dwellings need only have a side yard as required for uGas permitted out,,-
right.
(3) The rear yard for single- and two-family dwellings shall be
20 feet; and for three- and four-family dwellings, 15 feA; except that
for garages with entrances on an alley, the rear yard shall be a minimum
of 18 feet from the center line of the alley. Other than three- and fouv-
family dwellings for buildings containing a conditional use, the rear yar
shall be a minimum of 25 feet.
Section 40. Height of Building. In an R-5 zone no building shall
exceed a height of two stories and in no case shall it exceed a height
of 28 feet.
Section 41. Lot Coverage. In an R-5 zone buildings shall not occupy
more than 35 per cent of the lot area.
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VOL 8 PACE 614
Residential Zone R-5A
Section 42. Principal Uses Permitted Outright. The following
principal uses are permitted outright in an R-5A zone:
(1) Any principal use permitted in an R-5 Zon--.
(2) Multi-family dwelling.
(3) Boardinghouse.
Section 43. Conditional Uses Permitted. The following uses are
permitted in an R- zone in accordance with the requirements of Sec-
tions 118 to 125.
(1) A conditional use permitted in an R-7.5 zone.
(2) Trailer houses in a trailer park provided the number of
trailer spaces does not exceed an average of 14 for each acre of trailer
park site.
(3) Nursing or convalescent home.
Section 44, Accessory Uses Permitted. The following accessory uses
are permitted in an R- zone:
(1) Any accessory use permitted in an R-7.5 zone.
(2) Accessory uses and buildings incidental to the uses permitted
in an R-5A zone.
(3) Signs for trailer parks and multi-family dwellings according
to the following requirements: One name plate, indirectly illuminated
or nonilluminated which does not exceed 20 square feet in area. No
setback is required.
Section 45. Lot Size. The lot size in an R-•5A zone shall be as
follows:
(1) The minimum lot area shall be 5,000 square feet. For multi-
family dwellings vd.th over five units the area requirement shall be in-
creased by 1,000 square feet for each additional unit.
feet.
(2) The minimum lot width at the front building line shall be 50
(3) The minimum lot depth shall be 100 feet.
Section 46. Setback Requirements. In an R-5A zone each use shall
have a front, side, and rear yard as follows:
(1) The front yard shall be a minimum of 20 feet in depth except
that if there are dwellings on both abutting lots with front yards of
less than the required depth, the front yard for the lot need not exceed
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VOL 8 FACE 615,
the average front yard of Uie abutting dwellings. If there is a dwelling
on one abutting lot with a front yard of l9ss than the required depth,
the front yard for the lot need.not excsed a depth halfway between the
depth of the abutting lot and the required front ,yard. If the natural
gradient of a lot from front to rear along the lot depth line exceeds an
average of 20 per cent, the front yard may be recbaced by one foot for eaci
1 per cent gradient over 20 per cent, except thatthe front yard shall
not be less than the established front yard of buildings on abutting
lots but in no case shall the front yard for principal uses be required
~o exceed 20 feet. In no case under the provisions of this subsection
shall the setback be less than 10 feet. For buildings containing a
conditional use the setback shall be a minimum of 30 feet. For struc-
tures which exceed a building height of 45 feet the setback shall be
increased one foot for each two feet by which the building exceeds 45
feet.
(2) The side yard shall be a minimum of five feet for main build-
ings but may be reduced to three feet for accessory buildings located
more than 65 feet from the front property line. On corner lots the
setback for all buildings shall be a minimum of 10 feet on the side abut-
ting the street. The side yard shall be increased one foot for each two
feet by which the building height exceeds 28 feet. For buildings con-
taining a conditional use the side yard shall be a minimum of 20 feet
plus one foot for each two feet by which the building height exceeds 28
feet.
(3) The rear yard shall be a minimum of 10 feet plus one foot for
each two feet by which the building height exceeds 28 feet, except that
for garages with entrances on an alley the reay yard shall be a minimitr.
of 18 feet from the center line of the alley.
Section 47. Lot Coverage. In an R-5A zone buildings shall not
occupy more than 40 per cent of the lot area.
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VOL O PAGE 616
Trailer Residential Zone R-5T
Section 48. Principal Uses Permitted Outright. The following
principal uses are permitted outright in an R- 5T zone:
L1) Any principal use permitted outright in an S-SA zone.
(2) A trailer house.
Section 49. Conditional Uses Permitted. Except for a cemetery,
mausoleum, .:crematorium, or columbarium, any conditional use permitted
in an S-A zone is permitted in an R-5T zone when authorized according
to the requirements of Sections 118 to 125.
Section 50. Accessory Uses,Permitted. Any accessory use per-
mitted in an R-5A zone is permitted in an R-5T zone.
Section 51. Lot Size. The lot size in an R-5T zone shall be as
follows:
(1) The minumum lot area shall be 5,0M square feet.
(2) Zheminumum lot width at the front building line shall be 50
feet.
(3) The minimum lot depth shall be 100 feet.
Section 52. Setback Requirements. The yards shall be as follows
in an R-5T zone:
(1) The front yard shall be a minimum of 20 feet in depth except
that if there are dwellings on both abutting lots with front yards of
less than the required depth, the front yard for the lot need not exceed
the average front yard of the abutting dwellings. If there is a dwelling
on one abutting lot with a front yard of less than the required depth,
the front yard for the lot need not exceed a depth halfway between the
depth of the abutting lot and the required front yard. If the natural
gradient of a lot from front to rear along the lot depth line exceeds an
average of 20 per cent, the front yard may be reduced by one foot for
each 1 per cent gradient over 20 per cent, except that the front yard
shall not be less than the established front yard of buildings on abut-
ting lots but in no case shall the front yard for principal uses be re-
quired to exceed 20 feet. In no case under the provisions of this sub-
section shall the setback be less than 10 feet. For buildings contain-
ing a conditional use the setback shall be a minimum of 30 feet.
(2) The side yard shall be a minimum of five feet for main build-
ings, but may be reduced three feet for accessory buildings located more
than 65 feet from the front property line. On corner lots the setback fo
for all buildings shall be a minimum of 10 feet on the side abutting a
street. For buildings containing a conditional use the side yard shall
be a minimum of 20 feet.
(3) The rear yard for single-family dwellings shall be a minimum
-1-
of 20 feet, except that for garages vd,+,h entrances on an alley the min-
imum rear yard shall be 18 feet from the center line of the alley.
For buildings containing a conditional use the rear yard shall be a
minimum of 25 feet.
Section 53• Height of Building. In an R-5T zone no building shall
exceed a height of two stories and in no case shall it exceed a height
of 28 feet.
VOL 8 FACE 6117
Ma.rin~ ~ ~ Section 55. Principal Uses Pe rait-6ed Outright. The following prin-
cipal uses are permitted outright in a marine zone.
(1) Any use permitted in an. R-5A zone.
(2) Dock.
(3) Wharf.
(4) Boathouse for pleasure craft.
(5) Slip.
(6) Commercial or private moorage.
(7) Marina, including the sale, display, and repair of marine
pleasure craft; sale of supplies such as groceries and petroleum prod-
ucts for marine craft; restaurant or soda fountain, if such uses are
provided principally as a service for marine activity.
(8) Yacht club.
Section 56. Conditional Uses Permitted. Any conditional use per-
mitted in an R-5A zone is permitted in a marine zone when authorized in
accordance with the requirements of Sections 118 to 125.
Section 57. ;'lccessory Uses Permitted. The following accessory
uses are permitted in a Marine zone:
(1) Accessory uses incidental to the principal uses or condi-
tional uses permitted in the Marine zone.
(2) Signs for residential and conditional uses are permitted
according to the requirements of the R-7.5 zone. Other than an bill-
board, signs for commercial uses are permitted as follows:
(a) Moving or intermittant flashing signs are prohibited.
(b) A sign shall not project more than six feet above the
building containing the business which the sign identifies.
(c) A sign shall not exceed an area of 24 square feet unless
it is setback greater than 20 feet from a street or lot in a res-
idential zone. A sign set back greater than 20 feet from a street
or 20 feet from a lot in a residential zone may be increased in
area by an amount not to exceed one square foot for each foot of
setback exceeding 20 feet.
(d) k sign shall be no less than-20 feet from a lot in a
residential zone or less than 50 feet from a school or public park.
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VOL B PACE 618
(e) Each side of a business ' ; a Et'reet shall be limited
to one sign.
Section 58. Business witDlLi an Enclosed _E -,.,-`!ding. All business,
service repair, processing, storage, or merchandise display shall be
conducted wholly within an enclca;d building except for the followings
(1) Moorage and display of boats.
(2) Sale of petroleum products.
(3) Off-street parking and loading.
Section 59. Lot Size. The lot size in a Marine zone shall be as
follows:
(1) The minimum lot area shall'be 5,000 square feet. For multi-
family dwellings with over five units the area requirement shall be in-
creased by 1,000 square feet for each additional unit.
(2) The minimum lot width at the front building line shall be 50
feet.
Section 60. Setback Requirements. In a Marine zone each use shall
have a front and side yard as follows=
(1) The front yard shall be a minimum of 20 feet in depth except
that if there are buildings on both abutting lots with front yards of
less than the required depth, the front yard for the lot need not ex-
ceed the average front yard of the abutting buildings., If there is
a building on one abutting lot with a front yard of less than the re-
quired depth, the front yard for the lot need not exceed a depth half-
way between the depth of the abutting lot and the required front yard
depth. In no case under the provisions of this subsection shall the
setback be less than 10 feet-., For buildings containing a conditional
use the setback shall be a minumum of 30 feet.
(2) The side yard shall be a minumum of five feet for main build-
ings but may be reduced to three feet for accessory buildings located
more than 65 feet from the front property line. On corner lots the set-
back for all buildings shall be a minimum of 10 feet on the side abutting
the street. For nonresidential uses permitted outright the side yard
shall be 10 feet plus one foot for each two feet by which the building
height exceeds 28 feet. For buildings containing a conditional use the
side yard shall be a minimum of 20 feet plus one foot for each two feet
by which the building height exceeds 28 feet.
Section 61. Height of Building. In a Marine zone no building shall
exceed the height of four stories or 45 feet.
Section 62. Lot Coverage. In a Marine zone dwelling units shall
not occupy more than 0 per cent of the lot area.
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VOL 8 PACE 619
Commercial 2~-re 0-1
Section 63. Principal Uses Permitted. The following principal
uses shall be permitted in a C-1 cone subject to the provisions of
Section 66.
(1) Bakery, retail only.
(2) Bank or mortgage loan company.
(3) Barber shop.
(h) Beauty shop.
(5) Business or professional office or clinic.
(6) Business, technical, or trade school.
(7) Confectionery.
(8) Delicatessen store.
(9) Department store.
(10) Drive-in business offering goods or services directly to cus-
tomers waiting in parked motor vehicles, but excluding a drive-in
theater.
(11) Drug store.
(12) Dry, cleaning and pressing, except those using highly volatile
or combustible material or using high pressure steam tanks or boilers.
(13) Equipment rental '-Invited to small equipment for household,
recreation, or business usa.
(14) Existing dwellings.
(15) Florist shop.
(16) Food store.
(17) Gift, novelty, or art shop and studio.
(18) Hardware or sporting goods store.
(19) Hospital.
(20) Hotel.
(21) Jewelry store including watchmaking and repairing.
(22) Laboratories providing service to dentists, doctors, or
other practi oners of the healing arts.
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VOL U FACE 620
(23) Laundry, self-service only.
(24) Motel.
(25) Music store
(26) Newsstand including tobacco and cigar shop.
(27) Paint or wallpaper store, but excluding painting contractor
shop.
(28) Photographic supply and service:
(29) Radio or television broadcasting studio.
(30) Radio or television sales or repair.
(31) Restaurant, cafe, or soda fountain.
(32) Service station, excluding repairing, for the sale of pet-
roleum products and providing all oil changing and greasing is done
within an enclosed building.
(33) Shoe store or shoe repair shop.
(34) Stationery or book store.
(35) Tailor shop.
(36)
Section 64. Conditional Uses Permitted. The following uses are
permitted in a C-1 zone in accordance with the requirements of Sections
118 to 125-
(1) Except for a planned housing development, a conditional use
permitted in an R-7.5 zone.
(2) Nursing or convalescent home.
(3) Cocktail lounge as a part of a restaurant.
Section 65. Access Uses Permitted. The following accessory
uses are permitted in a C- zone:
(1) Uses permitted in an R-5A zone except accessory buildings for
trailers.
(2) Uses incidental to the uses permitted in a C-1 zone.
(3) Signs are permitted as follows:
(a) For residential and conditional uses signs as per-
mitted in an R-5A zone.
-2-
V0'. FACE U1
(b) For a commercial'use, signs as permitted in a Marine
zone.
Section 66. Conditions of Allowing Uses in a C-1 Zone. Uses per-
mitted in a C-1 zone except conditional uses shall be subject to the
following conditions.
(1) For expansion of existing buildings and for new construction,
plot plans shall be submitted to the planning commission showing the pro-
posed development and shall include the following informations
(a) Property description.
(b) Building locaticn on the property.
(c) Location of parking and screening of parking in those
areas abutting a residential zone.
(d) Access to public streets.
(e) Signs.
(2) The commission may impose the following conditions before a
building permit will be issued for the proposed development:
(a) Limit or prohibit openings to structures on sides within
50 feet of a residential zone if the openings will cause glare$ ex-
cessive noises or other adverse effects on adjacent residential
areas.
(b) Limit access to streets not designated as collector or ar-
terial streets on an officially adopted street plan where the prin-
cipal uses along the street in the block are residential.
(c) Require additional setbacks and planting or screening
abutting residential zones if necessary to minimize the detrimental
effects of commercial activity such as glare and noise.
(3) Construction shall be in substantial conformance to plans ap•
proved by the planning commission.
(4) All business, service, repair, processing, storage, or mer-
chandise display shall be conducted wholly within an enclosed building
except for the following:
(a) Off-street parking or loading.
(b) Drive-in windows.
(c) Fuel sales.
(d) Related minor service for motor vehicles.
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VOL ° DACE 62 2
(5) Items produced or wares and merchandise handled shall be limited
to those sold at retail on the premises.
(6) The use shall not be objectionable because of odor, dust,
smoke, cinders, exhaust fumes, noise, or vibration nor cause disturbance
to television or radio reception.
Section 67. Lot Size. The minimum lot size in a C-1 zone shall be
as follows:
(1) The minimum lot area shall be 5,000 square feet.
(2) The minimum width at the front building line for lots occupied
by dwellings shall be 50 feet.
(3) The minimum lot depth shall be 100 feet.
Section 68. Setback Requirements. In a C-1 zone each use shall
have a front, side, and rear yard as follows:
(1) For structures other than a dwelling on the side of property
abutting a lot in a residential zone the setback shall be 15 feet.
(2) A dwelling shall conform to the setback requirements as pro-
vided in an R-5A zone.
Section 69. Hecht of Building. In a C-1 zone no building shall
exceed a height of three stories or 40 feet.
Section 70. Lot Coverage. In a C-1 zone dwellings shall not oc-
cupy more than 40 per cent oofa lot area.
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VOL 8 PACE 6
General Commercial Zone C-3' -
Section 71. Principal Uses Permitted Outright. The following
principal uses are permitted outright in a -3 zone=
(1) Any principal or conditional use permitted in a C-1 zone.
(2) Appliance sales or service.
(3) Amusement enterprise if conducted wholly within a completely
enclosed building including billiard or pool hall, bowling alleys roller
or ice rink, boxing arenas dance hall, games of skill and chance, penny
arcade, or shooting gallery.
(fit) Auditoriums.
(5) Automobile accessories.
(6) Automobile sales, rental, service, parts, repair, incidental
body and fender work, painting, or upholstering, provided that any repair
or body and fender work, painting, or upholstering be conducted completely
within an enclosed building.
(7) Automobile service station including minor auto repairs and
accessory uses. No body and fender work or painting, shall be permitted.
(8) Automobile or truck storage garage.
(9) Bakery, wholesale.
(10) Bath or massage parlor.
(11) Bicycle or motorcycle shop.
(12) Billboard.
(13) Blueprinting, photostating, or other reproduction processes.
(14) Bookbinding.
(15) Bus depot.
(16)
'(17)
(18)
(19)
(20)
(21)
Business machines, retail sales or service.
Catering establishment.
Clothing supply store.
Cocktail lounge as a part of a restaurant.
Coin machines sale or repair.
Dancing school or music studio.
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D
VOL 8 PAGE 624
(22) Dry cleaning and pressing, wholesale, except those using highly
volatile or combustible materials or using high pressure steam tanks or
boilers.
(23) Electrical supply store.
(24) Feed or seed store.
(25) Film exchange..
(26) Floor covering sales or service.
(27) Food lockers, retail only,
(28) Frozen food store.
(29) Fuel oil distribution, retail only, provided all fuel storage
is underground.
(30) Furniture store.
(31) Garden supplies store.
132) Gun sales or repair.
(33) Health studio, physical therapist, reducing salon.
(34) Laboratories for experimental, photo, or electronic research
or testing.
(35) Leather good sales including harness and saddle shop.
(36) Locksmith.
(37) Magazine or newspaper distribution agency.
(38) Marine craft sales, service, or supplies or repair of small
craft.
(39) Meeting hall for club, union, lodge, or fraternal organization.
(40) Mortuaries, undertaking or funeral parlors.
(41) Newspaper publishing.
(42) Paint stores including related contractor shop.
(43) Parking lot or parking garage.
(44) Pawn shop.
(45) Pet shop.
(46) Printing plant.
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VOL U FACE 625
(47 ) Restaurant or hotel
(48) Scientific or professional instruments sale or repair.
(49) Second hand store.
(50) Sign shop, painting shop.
(51) Storage building for household goods.
(52) Tavern.
(53) Taxidery shop.
(54) Telephone or telegraph exchange.
(55) Theater, except drive-in theater.
(56) Tire shop including incidental tire recapping.
(57) Trailer sales room or lot.
(58) Upholstery shop.
Section 72. Conditional Uses Permitted. The following uses are per-
mitted in a C-3 zone when authorized in accordance with the requirements
of Sections 118 to 125.
(1) Drive-in theater.
(2) Dwelling, single or multi-family in accordance with the re-
quirements of the R-5A zone.
(3) Veterinary hospita? office or animal hospital.
Section 73. Accessory Uses Permitted. The following accessory uses
are permitted in aC 3 zone:
(1) Uses incidental to the uses permitted in a G-3 zone.
(2) Signs, other than a billboard, are permitted as follows:
(a) For residential uses, signs as permitted in an R-5A zone.
(b) For commercial and conditional uses, any sign, provided
that no sign shall be located less than 20 feet from a lot in a resi-
dential zone or less than 50 feet from a school premise or a public
park.
Section 74. Condtions for Allowing Uses in a C-3 Zone. All uses
permitted in a C-3 zone shall be subject to the following conditions:
(1) All business, service repair, processing, storage, or merchan-
dise display shall be conducted wholly within an enclosed building except
-3-
''VOL B FbcE626
(a) Off-street parkir7 loading.
(b) Windows for drive-in service.
(c) Fuel sales.
(d) Related minor service for motor vehicles.
(e) Automobile or trailer sales.
(2) Automobile or trailer sales lots shall be drained and sur-
faced with a minimum of crushed rock except in thossportions of the
lot maintained as landscaped area.
(3) The use of property shall not be objectionable because of
odor, dust, smoke, cinders, exhaust fumes, noise, or vibration.
(4) On the side of property abutting or facing a lot in a resi-
dential zone, all storage or parking allowed shall have a sight ob-
scuring fence to conceal the stored materials or parked vehicles from
view. In no event shall the fence exceed six feet in height.
Section 75. Lot Size. The minimum lot size in a C-3 zone shall be
as follows:
(1) The minimum lot size for dwelling units shall be 5,000 square
feet.
(2) The minimum width at the front building line for lots oc-
cupied by dwellings shall be 50 feet.
Section 76. Setback Requirements. In a C-3 zone each use shall
have a front, side, and rear yard as followst
(1) On the side of property which abuts a lot in a residential
zone, the yard requirement for structures other than a dwelling is 15
feet plus one foot for each two feet by which the building height ex-
ceeds 28 feet.
(2) A dwelling shall conform to the setback requirements as pro-
vided in an R-5A zone.
Section 77. Lot Coverage. In a C-3 zone dwellings shall not oc-
cupy more than 40 per cent of the lot area.
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VOL PACE
Limiter' Ir_d-:•• ! Zone M-1
Section 78. Principal U3es Permitted Outright. The following prin-
cipal uses are permitted outright in an M-1 zone:
(1) A dwelling for a caretaker or night watchman working on the
property.
(2) Service station, restaurant.
(3) Assembly,msnufacturing; or preparation of articles and mer-
chandise from the following previously prepared types of materials:
Bone, canvas, cellophane, cloth, cork, feathers, felt, fibre, fur, glass,
hair, horn, lacquer, leather, paper, plastics, precious or semi-precious
metals or stones, shell, textiles, tobacco, wax, wire, wood (excluding
sawmills, lumber mills, planing mills, and molding plants, but includ-
ing cabinet shops or woodworking shops), yarns, and paint not employing
a boiling process.
(4) Manufacture of figurines and pottery or similar ceramic pro-
ducts using only prevously pulvarized clay.
(5) Manufacture of musical instruments, novelties, rubber or metal
stamps, toys.
(b) Manufacture of optical goods, scientific or precision instru-
ments or equipment.
(7) Manufacture of artificial limbs, dentures, hearing aids, sur-
gical instruments and dressings, and other devices employed by the med-
ical and dental professions.
(8) Manufacture, compounding, processing, packaging, or treatment
of such products as bakery F;-?ods; candy; cosmetics; dairy products and
meat; drugs; perfumes; pha::;:::-.euticals; perfumed toilet soap; toiletries,
excluding the rendering of fat and oils; fish and meat slaughtering; and
fermented foods such as sauerkraut, vinegeir and yeast.
(9) The wholesale distribution of all standard types of prepared
or packaged merchandise such as automobile supplies, drugs, electrical
supplies, furniture, food products, hardware, leather goods, plumbing
supplies, textiles and fabrics, and variety store merchandise.
(10) Animal hospital, excluding kennels and boardinghouses.
(11) Bottling plant.
(12) Building of marine pleasure craft.
(13) Carpenter shop.
(14) Coin machine manufacture or repair.
(15) Cold storage plant including storage and office.
-1-
0
VOL .B FACE 623
(16) Creamery.
(17) Electrical equipment asse-DI.-.Iy, sales, and repair including the
manufacture of small parts such as coils, condensers, transformers, and
crystal holders.
(18) Equipment sales, rental, storage.9 or repair.
(19) Farm machinery sales or service.
(20) Fuel oil distributor, wholesale.
(21) Heating manufacture or repair shop.
(22) Laundry, dry cleaning, dyeing, or rug cleaning plant.
(23) Painting contractor or storage.
(24) Plumbing shop.
(25) Railroad trackage.
(26) Restaurant.
(27) Retail lumber yard or building supplies including planing of
small dimension lumber.
(28) Service station including vehicle repair.
(29) Sign manufacture or repair.
(30) Sheet metal shop.
(31) Storage or sale y:- for building materials, contractor's
equipment, delivery vehicle:,; feed, or fuel producing no dust.
(32) Storage of used equipment in operable condition.
(33) Storage buildingfor household goods.
(34) Truck sales, truck-trailer sales.
(35) Utility service yard.
(36) Veterinary hospital office.
(37) U+arehouse.
Section 79. Conditional Use Permitted. A dwelling is permitted
as a conditional use in an M-1 zone, when authorized in accordance with
the requirements of Section 118 to 125.
Section 80. Accessory Uses Permitted. .AnA accessory use in an M-1
zone is permitted which is related to the prtncital, use permitted out-
-2-
VOL €3 PACE 629
right in an M-1 zone, except th3' s shall conform to the re-
quirements of a 0-3 zone.
Section 81. Condition,; „t 11Gwil ng Uses in an M-1 Zone. All uses
in an M-1 zone shall conform to the following requirements:
(1) Outside storage permitted in this zone abutting or facing a
lot in a residential zone shall be enclosed by a fence. The fence shall
obstruct the storage from view on the sides of property abutting or fac-
ing a residential zone. The fence shall be of such material and design
as will not detract from adjacent residences and shall be built according
to plans submitted by the owner or his authorized agent and approved by
the building inspector. The fence shall not exceed a height of eight
feet.
(2) Buildings containing uses permitted in Section 78 (3) to (37)
and their accessory uses which are located within 100 feet of a lot in a
residential zone where the distance is unobstructed must have blank walls
or walls with windows which do not open on the side of the building facing
the residential zone.
Section 82. Lot Size. The minimum lot size in an M-1 zone shall be
as followsa
(1) The minimum lot area shall be 79500 square feet.
(2) The minimum lot width shall be 60 feet.
Sections 83. Setback Requirements. In an 5-1 zone, on the side of
property which abuts a lot in a residential zone, the yard requirements
for structures other than a duelling are 25 feet plus one foot for each
two feet by which the building height exceeds 28 feet.
r3r
0
VOL 8 mu 630
Induatx-ia Zo~±e M-2
Section 84. Pri~Uses Permitted Outright. A use permitted
outright in an M-1 zone is permitted outright in an M-2 zone
Section 85. Principal Uses Permitted over 200 feet from a Lot i;
a Residential Zone. The following uses are permitted outright in an
zone if located more than 200 feet from a lot in a residential zones
(1) Assembly, repair, or pointing of aut®obiles, trucks, farm
machinery, or road equipment.
(2) Babbitt-metal manufacture.
(3) Battery manufacture or rebuilding.
(4) Bleaching or dyeing plants.
(5) Bottle manufacture.
(6) Bulk storage of petroleum products.
(7) Can manufacture.
(8) Cannery.
(9) Clay products manufacture.
(10) Coffee roasting.
(11) Concrete products manufacture or mixing.
(12) Cooperage works.
(13) Circus, carnival, or similar transient amusement enterprise.
(14) Electro-plating.
(15) Feed storage.
(16) Freight terminal for motor trucks.
(17) Fruit packing or processing.
(18) Fuel storage.
(19) Furniture manufacture.
(20) Heating equipment manufacture.
(21) Machine shop, welding or other metal working shop, blacksmith
shop, excluding punch presses or drop hammers or similar noise and vib-
ration producing equipment..
-1-
VOL 8 FACE 631
(22) Mattress manufacturZ or rencvation.
(23) Paint mixing except the mixing of lacquers and synthetic en-
an els.
(24) Paper products manufacture, excluding the manufacture of paper
itself.
(25) Pickle, sauerkraut, or vinegar manufacture.
(26) Poultry, or rabbit slaughter.
(27) Power transformer station.
(28) Prefabrication of wooden buildings or structural members.
(29) Sash or door manufacture.
(30) Stone, marble, or granite dressing and cutting.
(31) Tire retreading.
(32) Trailer manufacture.
(33) Weaving of cotton, wool, flax or other fibrous materials.
Section 86. Principal Uses Permitted over 300 Feet from a Lot in
a Residential Zone. The following principal uses are permitted if more
than 300 feet from a lot in a residential zones
(1) Acetylene gas manufacture and storage.
(2) Assaying gold and silver.
(3) Ammonia, chlorine, or bleaching powder manufacture.
(4) Bag cleaning and conditioning.
(5) Blast furnace.
(6) Boiler or tank works
(7) Box factory.
(8) Brewery, distillery, or winery.
(9) Brick tile or terra cotta products manufacture.
(10) Building material manufacture other than cement.
(11) Candle manufacturing.
(12) Carbon manufacturing.
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. VOL 8 PACE 632
(13) Celluloid or pyroxylin*manufacture.
(14) Coke oven.
(15) Creosote treatment or manufacture.
(16) Disinfectant manufacture.
(17) Distillation of coal, wood, or tar.
(18) Dye stuffs.manufacture.
(19) Emery cloth or sandpaper manufacture.
(20) Exterminator or insect poison manufacture.
(21) Feed or cereal mill.
(22) Felt manufacture.
(23) Fertilizer manufacture and storage of nonodorous materials.
(24) Forge plant.
(25) Flour milling, grain storage, or elevator.
(26) Glass or glass products manufacture.
(27) Glucose manufacture.
(28) Heating plant using wood or coal including fuel storage.
(29) Iron, steel, glass, or copper foundry or fabrication plant and
heavy weight casting.
(30) Junk, rags, paper, or metal storage; collecting or boiling with-
in a completely enclosed building.
(31) Kennels, boarding, including exercise pens and runways; dog and
cat pound.
(32) Linoleum or oiled products manufacture.
(33) Paint, shellac, turpentine, varnish, or synthetic enamel mixing
and manufacture.
(34) Match manufacturing.
(35) Metal fabrication.
(36) Nitrate processes.
(37) Oxygen manufacture.
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VOL U FACE 633
(38) Petroleum products storage.
(39) Plastic manufacturing.
(40) Processing and packaging of livestock; sheds and pens for
live animals if 11000 feet from a residential zone.
(41) Printing ink manufacture.
(42) Manufacture of excelsior wood fiber or sawdust products not in-
volving chemical treatment.
(43) Planing mill.
(44) Rolling mill.
(45) Rubber or gutta percha manufacture or treatment from crude
materials.
(46) Railroad freight classification yards, roundhouse, repair
shops.
(47) Rock, sand, gravel crushing, storage, and sales.
(4e) Sandblasting or cutting.
(49) Sawmill, lumber mill, plywood manufacture including dry kiln.
(50) Scrap iron sales and storage.
(51) Soap or cleaning compounds manufacture.
(52) Sodium compounds manufacture.
(53) starch manufacture.
(54) Tar roofing, waterproofing, or other tar products manufacture.
(55) Textile mill, manufacture and processing of reclaimed textile
products.
(56) Wallboard or plaster manufacture.
(57) i+ire or rod drawing; nut, screw, or bolt manufacture.
(58) -4recking yard.
(59) Vegetable oil or other manufacture, refining or storage.
(60) Yeast plant.
Section 87. Conditional Use Permitted. The following are per-
mitted as conditional uses in an M-2 zone, when authorized in accord-
ance with the requirements of Section 118 to 125.
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VOL S PAGE 634
(1)' Dwelling.
(2) Surface mining including rock crushing.
(3) Asphalt plant.
Section 88. Accessory Uses Permitted. Any accessory use in an M-2
none is permitted which is related to the principal use permitted in an
M-2 zone.
Section 89. Conditions of Allowing Uses in an M--2 zone. All uses
in an M-2 zone shall conform to the following requirements:
(1) Outside storage permitted in an M-2 zone abutting or facing a
lot in a residential zone shall be enclosed by a fence. The fence shall
obstruct the storage from view on the sides of property abutting or
facing a residential zone. The fence shall be of such material and de-
sign as will not detract from adjacent residences and shall be built
according to plans approved by the building inspector and the planning
office. The fence shall not exceed a height of eight feet.
(2) Buildings containing uses permitted in Section 84 and their
accessory uses which are located within 100 feet of a lot in a residen-
tial zone where the distance is unobstructed must have blank walls or
walls with windows which do not open on the side of the building facing
the residential zone.
Section 90. Lot Size. The minimum lot size in an M -A zone shall
be as follows,
(1) The minimum lot area shall be 15,000 square feet.
(2) The minimum lot width shall be 100 feet.
Section 91. Setback Requirements. In an M-2 zone, on the side
of property which abuts a lot in a residential zone, the yard require-
ment for structures other than a dwelling is 25 feet plus one foot for
each two feet by which the building height exceeds 28 feet.
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VOL B FAcE635
General Zone Provisions
Section 92. Planned Housing Development Permitted. Two and multi-
family dwellings and their accessory uses may be permitted in the R-7.5,
R-6, and R-5 zones as a conditional use, provided they fulfill the re-
quirements set forth in Sections 92 to 94, and Sections 118 to 125 and
are a part of a planned development.
Section 93. Minimum Standards for a Planned Development. In
addition to other requirements set forth in this ordinance, a planned
housing development shall comply with the following requirementss
(1) The minimum site size, excluding streets shall be three acres.
The minimum width and depth of the site shall be 200 feet.
(2) Parking shall be provided within 200 feet of the dwelling it is
intended to serve.
(3) Principal access to the development shall be from an arterial
or collector street as shown on an officially adopted street plan. The
development shall be designed to minimize the movement of traffic between
the development and minor residential streets surrounding the site.
(4) The minimum setback for two-family and multi-family dwellings
and their accessory uses shall be the same as the minimum required for
a conditional use.
(5) Open areas and space for recreation shall be provided. These
areas may be in the form of courts, balconies, gardens and shall be a
minimum of 2,500 square feet for each dwelling unit.
(6) Housing density shall not exceed 10 dwellings per acre ex-
cluding streets.
Section 94• General De;;.gn. The commission may impose conditions
in approving a planned housing developmentin addition to those in Sec-
tions 118 to 125. These conditions may be imposed to assure that the
development will be in harmony with the surrounding area including pres-
ervation of light, air, and view to assure privacy and quiet for the
separate families, to protect the adjacent streets from undue conges-
tion, to provide for suitable open space and recreation area, and gen-
erally to carry out the purpose of this ordinance.
Section 95• Prohibiting the Reduction of the Size of Yard or Other
Open Space. No lot area, yard, or other open space or ~required off-
street parking or loading area existing on or after the effective date
of this ordinance or any amendment thereto shall be reduced below the
minimum required by this ordinance or any amendment thereto, no shall
any lot area, yard, or other open space or off-street parking or loading
area which is required by this ordinance or any amendment thereto for one
use be used as the lot area, yard, or other open space or off-street
parking or loading area for another use except as provided in Section
108 (5).
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VOL 8 FACE 636
Section 96. General Exception to Lot Size Requirements. If, at
the time of passage o this ordinance or any amendment thereto, a lot
or the agregate of contiguous lots or land parcels held in a single
ownership have an area or dimension which does not meet the lot size
requirements of the zone in which the property is located, the lot or
aggregate holdings. may be occupied by any use permitted outright in
the zone subject to the other requirements of the zone and providing
there is an area deficiency, residential use shall be limited to a
single-family residence.
Section 97• General Exception to Building Height Limitations.
The exceptions to building he ght -limitatibns are as fo owss
(1) The following type of structures or structural parts are not
subject to the building height limitations of this ordinances tanks,
bunkers, church spires, belfries, domes, monuments, fir and hose towers,
observation towers, transmission towers, chimneys, smokestacks, flag-
poles, radio and television towers, masts, aerials, monitors, scenery
lofts, cooling towers, gas holders, and other-similar projections.
(2) Schools or hospitals may be increased in height to three (3)
stories or forty-five (45) feet.
Section 98. Height and Use Limitation around Airports.
(1) No structure shall be erected, altered, or maintained in any
area around any airport of the County, in conflict with the height
restrictions of the airport regulations.
(2) No school, church or other building of public assembly with
a capacity of aver 25 persons shall be permitted in the approach zone
of an airfield as shown on the zoning map.
Section 99. General Yard Exception. Chimneys, flues, belt
courses, leaders, sills, pil-sters, lintels, ornamental features, cor-
nices, eaves, sunshades, gutters, and other similar architectural fea-
tures may project not more than six feet into a required yard, pro-
vided that in no case shall the features be closer than two feet to a
side lot line.
Section 100. General Exception to the Rear Y rd Requirements.
Except as otherwise pr dad, accessory building which do not exceed a
height of one story of 15 feet may be located not less than three feet
from a rear lot line.
Section 101. Access. All lots shall abut a street other than an
alley for a width of feast 30 feet.
Section 102. Vision Clearance. Except in a C -3p M-1, and M-2
zone a vision clearance area shall be provided as set forth in this
section. The distance of the sides of the vision clearance area shall
be a minimum of 15 feet except that it may be reduced to 10 feet at
intersections including an alley.. When the angle of intersection be-
tween streets is less than 30 degrees the distance shall be increased
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VOL 8 FACE 63 7
by 10 feet.
Section 103. S~jp Control on Certain Streets. In order to reduce
the danger to traffic from excessive signs, and enhance the appearance
and scenic outlook of the county, signs in commercial and industrial
zones along certain streets are subject to the limitations set forth
in this section in addition to the other provisions of this ordinance
relating to sign control. The limitations shall apply only to signs
visible from the streets designated in this section.
(1) Within 500 feet of streets designated in this section, signs
are permitted subject to the following requirements:
(a) A sign shall identify a business on the premises except
as provided in (1) (b).
(b) A sign is permitted advertising the sale, rental or
lease of property on which it is located provided it does not ex-
ceed an area of 50 square feet.
(c) No sign shall exceed an area of 250 square feet.
(d) Moving or intermittent flashing signs are prohibited.
(e) A sign shall be attached to a building and shall not
extend more than four feet above the building to which it is at-
tached.
rte:'
(2) The limitations on signs set forth in this section shall ap-
ply to throughhi~ways/designated by the Deschutes County Courteanderto
s
- TO BE-$F
Section 1046 Boundaries of Zones. Unless otherwise specified,
zone boundaries are lot lines or the center line of streets, alleys,
railroad rights of way, or public waterways, or such lines extended
where a zone boundary divides a land parcel under a single ownership
into two zones, then the entire parcel shall be zoned for the less
restrictive use by the adjustment of the boundaries, provided the
boundary adjustment is a distance of less than 20 feet. If the ad-
justment involves a distance of more than 20 feet the procedure for
a zone change shall be followed.
Off-Street Parking and Loading
Section 105. Off-Street Parking. Within any zone, at the time of
erection of a new structure or at the time of enlargement or change in
use of an existing structure, off-street spaces shall be provided as re-
quired in Sections 27 and 105 to 112. "'+here square feet are specified$
the area measured shall be the gross floor area of the structure or that
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VOL ' 8 PACE 638
portion of the structure being used for a particular use, but will ex-
clude portions of the structure being used for off-street parking or
loading. The number of employes will be the number of employes on the
peak shift. A parking space is an area of approximately 350 square
feet and is a rectangle not less than 18 feet long and 8 and one-half
feet wide, together with such maneuvering and access space as is re-
quired for the self-parking of a standard American automobile.
Section 106. Off-Street Parkin Re uirements. Except as provided
in Sections 27 and 103 (3), at the time of erection of a structure, off--
street parking spaces shall be provided as follows:
(1) Dwelling. One space per dwelling unit.
(2) Fraternity, rooming or boarding house. One space per dwelling
unit plus four spaces for each five guests.
(3) Convalescent hospital, sanitarium, rest home, nursing home,
home for the aged. One space for each two beds for patients or residents.
(4) Hospital. Three spaces per two beds.
(5) Ulelfare or correctional institution. One space for each five
beds for patients or inmates.
(6) Club or association. These shall be the combined requirements
for hotel, restaurant, and auditorium as provided herein.
(7) Commerce and industry.
(a) Retail store except as provided in Section 106 (7) (b).
One space per 200 square feet.
(b) Service or r,rair shop and retail store handling ex-
clusively bulky mercha:.ulse such as automobiles and. furniture.
One space per 400 square feet.
(c) Bank, office except medical or dental. One space per
two employes plus one space per 400 square feet.
(d) Medical or dental clinic. One space per 200 square feet
plus one space per two employes.
(e) Restaurant, tavern, bar. One space per 100 square feet.
(f) Hotel. One space per two guest rooms and additional
spaces as specified for restaurants, bars, and rooms of public
assembly.
(g) Motel, tourist court, tourist house. One space per
guest room or suite.
(h) Mortuary. One space per four seats or eight feet of
bench length in chapels.
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VOL 8 PACE 633
(i) Storage warehouse; wholesale or manufacturing business;
air, rail, or trucking freight terminal. One space per employe
plus one space per 700 square feet of patron serving area.
(8) Commercial amusement.
(a) Stadium or race track. One space per spa seats or 12 feet
of bench length for spectators.
(b) Indoor arena or theater. One space per four seats or
eight feet of bench length for spectators.
(c) Bowling alley. Four spaces per alley plus one space per
two employes.
(d) Dance hall or skating.rink. One space per 50 square feet
of patron serving area.
(e) Golf driving range. One space per 20 lineal feet of driving
line.
(f) Amusement park. One space per 19000 square feet of patron
serving area.
(9) Church, school, or other place of public assembly.
(a) Library. One space per 400 square feet of reading room
plus one space per two employes.
(b) Church. One space per two seats or four feet of bench
length in the main auditorium.
(c) College or commercial school for adults. One space per
five seats in classror;.- ,
(d) High School. One space per classroom plus one space per
administrative employe plus one space for each six students; or one
space per four seats or eight feet of bench length in the main aud-
itorium, whichever is greater, provided that if the requirements '
for the auditorium exceed the spaces otherwise required, the excess
space may be provided in areas having other uses during regular
school hours.
(e) Junior high, elementary, or other children's schools.
One space for each classroom plus one space for each administrative
employe; or one space per four seats or eight feet of bench length
in the auditorium or the assembly room, whichever is greater, pro-
vided that.if the requirements for the auditorium exceed the spaces
otherwise required, the excess spaces may be provided in areas having
other uses during regular school hours.
(f) Other auditoriums or meeting rooms. One space per four
seats or eight feet of bench length for spectators.
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VOL €3 PACE 640
Section 107. Off-Street Loading Requirements. Buildings or struc-
tures to be built or c ';a-,tantially altered which receive and distribute
material or merchandise trucks shall provide and maintain off-street
loading berths in sufficient numbers and size to adequately handle the
needs of the particular use.
(1) The following standards shall be used in establishing the min-
imum number of berths required:
Gross Floor Area of the .Building
in Square Feet Number of Berths
Up to 20,000 1
20,000 - 509000 2
For each additional 50,000 square feet of gross floor area one additional
berth shall be provided. For stores up to 5,000 square feet in area, reg-
ular off-street parking areas may be used to meet the off-street loading
requirements.
(2) A loading berth shall contain a space 10 feet wide and 35 feet
long and have a clearance height of 14 feet. Where the vehicles gener-
ally used for loading and unloading exceed these dimensions the required
length of the berths shall be increased.
(3) Access to loading berths shall be from alleys where they exist.
Section 108. General Provisions Off-Street Farling and Loading.
The following generaA provisions shall apply to off-street parking and
loading facilities:
(1) The provision and maintenance of off-street parking and loading
spaces is a continuing obligation of the property owner. No building per-
mit shall be issued until a -!an as required by Section 111 is presented
to show property that is and gill remain available for exclusive use as
off-street parking and loading space. The subsequent use of property
shall be conditional upon the unqualified continuance and availability
of the parking and loading facilities required.
(2) Except for single-, two-, and three-family dwellings, parking
space shall be so located and served by a driveway that its use will re-
quire no backing movements or other maneuvering within a street right of
way other than an alley.
(3) Parking requirements for types of buildings and uses not speci-
fically listed in this ordinance shall be determined by the county court
after a report and reccmmendation from the plaraAng commission and shall
be based upon the requirements of comparable uses listed herein.
(4) In the went 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.
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VOL FACE 641
(5) Owners of two or more uses, structure, or parcels of land may
agree to utilize join` : ;%he same pa= king or loading spaces when the
hours of operation do c: overlap, provided satisfactory legal evidence
is presented to the bu ,.,.:-'ng inspector in the form of deeds, leases or
contracts to establish tha joint use.
(6) Required parking spaces shall be available for the parking of
operable passenger automobiles of residents, visitors, customers, and
employes only.
(7) Off-street parking facilities shall be located on the same lot
or adjacent to the same lot with the structure the facility is required
to serve.
(8) Unless otherwise providedp required parking and loading spaces
shall not be located in a required front yard but may be located within
the required side or rear yard.
Section 109. Enlargement or Change of Use.
(1) No person owning or occupying a building with a use requiring
off-street parking or loading facilities shall change the use so as to
increase the off-street parking and loading requirements thereby unless
he also complies with the provisions of Sections 105 to 112.
(2) In cases of enlargement of a building or change in use of land
from that existing on the effective date of this ordinance, the number of
parking spaces required shall be based only on floor area or capacity
added and not on the area or capacity of the previously existing building
or land use.
(3) Whenever any building is enlarged in height or in ground cover-
age, off-street parking shall be provided for the expansion or enlarge-
ment in accordance with the . -;airements of this ordinance, except that
no parking space need be pro~,_ued in the case of enlargement or expansion
where the number of parking spaced required for such expansion or enlarge-
ment since the effective date of this ordinance is less than 10 per cent
of the parking spaces as specified for the building in Section 106.
(4) Off-street parking spaces existing prior to the effective date
of this ordinance may be included in the amount necessary to meet the
parking requirements in case of subsequent enlargements of the building
or use.
Section 1106 Design Requirements for Parking Lots.
(1) All areas used for parking and maneuvering of vehicles shall
have durable and dustless surfaces maintained adequately for all-weather
use and so drained as to avoid flow of water across sidewalks.
(2) Parking and loading areas adjacent to or within residential
zones or adjacent to residential uses shall be designed to minimize dis-
turbance of residents by the following means:
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VOL B FACE 642
(a) The erection between the uses of a sight obscuring fence
not less than five nor more than six feet in height except where
vision clearance areas exist.
(b) Controlling signs.
The plan for development shall be reviewed by the building inspector.
(3) Vehicles parked in spaces along the outer boundaries of a parking
lot shall be contained by a bumper rail or by a curb at least four inches
high which is set back a minimum'of four and one-half feet from the prop-
erty line.
(4) Artificial lighting which may be provided shall be so deflected
as not to shine into adjoining structures used as dwellings or other types
of living units.
(5) The driving aisle shall be of sufficient width for all vehicle
turning and maneuvering.
Section 111. Submission of Parking or Loading Plan. A plan, drawn
to scale, indicating how the off-street parking and loading requirements
are to be fulfilled shall accompany the application for a building permit.
The plan shall show all elements necessary to indicate that the require-
ments will be fulfilled including the following:
(1) Delineation of individual parking and loading spaces.
(2) Circulation area necessary to serve parking and loading spaces.
(3) Access to streets and property to be served.
(4) Curb cuts.
(5) Dimensions, continuity, and substance of screening.
(6) Grading, drainage, surfacing, and subgrading details.
(7) Delineation of obstacles to parking and circulation in finished
parking area.
(8) Specifications as to signs and bumper guards.
(9) Any other pertinent details.
Section 112. Completion Time of Farking Facilities. Required park-
ing spaces shall be improved and made available for use before the final.
inspection under.the building permit is made by the building inspector.
If parking space is not required for immediate use, an extension of time
may be granted by the building inspector providing a performance bond, or
its equivalent, acceptable to the commission, is posted equaling the cost
to complete the improvements as estimated by the building inspector. In
the event the improvements are not completed within one year's time, the
bond or its equivalent shall be forfeited and the improvements thence-
-8-
VOL 8 FACE 643
forth constructed under the direction of the county engineer.
Nonconforming Uses
Section 113. Continuing Nonconforming Structure or Use. An existing
nonconforming structure or use may be continued and maintained in reason-
able repair but shall not be expanded, enlarged, or structurally altered
except as otherwise provided by this ordinance.
Section 114. Nonconforming Structures. An existing structure con-
forming as to use but nonconforming as to height, setback, or coverage
may be altered, repaired, or extended providing that the alteration, re-
pair, or extension does not exceed the heights setback, or coverage re-
quirements of this ordinance.
Section 115. Discontinuance or Change of Nonconforming Use in a
Building.
(1) If a nonconforming use in a building is discontinued for a
period of one year or more, further use of the space occupied by the non-
conforming use in the building shall be for a conforming use.
(2) A nonconforming use in a building may only be changed to a use
permitted in a more restrictive zone under the provisions of this ordinance.
In suburban and residential zones, a nonconforming use in a building may
only be changed to a use permitted in the zone in which the building is
located.
Section 116. Destruction of Building with Nonconforming Use. If a
building containing a nonconforming use is destroyed by any cause to an
extent exceeding 80 per cent of the cost of replacement of the building
using new materials, a future building or use on the property shall con-
form to the provisions of this ordindance.
Section 117. Authorization to Build Structures Planned Prior to the
Enacetment of Zoning Regulations. structure planned prior to the enact-
ment of zoning regulations may be erected though not in conformity with
the provisions of these regulations if detailed plans for the structure
are filed with the planning commission prior to the adopting of the re-
gulations by the county court, if substantial construction is begun
within six months after adopting the regulations, and if the structure is
completed within three years after construction has begun. The structure
may be used for the purpose for which it was erected.
Conditional Uses
Section 118. Authorization to Grantor Derby Conditional Uses. It
is recognized that there are special uses which, because of their unique
characteristics, cannot be properly classified in any particular zone
without consideration in each case of the impact of those uses upon
neighboring land and of the public need for the particular use at the
particular location. These uses are called conditional uses and they may
be authorized as set forth in this ordinance in Sections 119 to 125.
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i VOL U FACE 644
Section 119. Application arrd Fee. An application for a conditional
use shall be f fled with the Deschutes County Planning office on forms
provided by the county. The application shall be accompanied by a fee
as established by the county court.
Section 120. Notice of Hearing on Conditional Use. Before any con-
ditional use or modification of an existing conditional use is allowed,
it shall be considered at a public hearing by the commission. The public
hearing before the planning commission shall be held within 40 days after
the application is filed. The Deschutes County Planning office shall
give notice of the hearing in the following manner:
(1) By one publication of a notice in a newspaper of general cir-
culation in the county not less than five nor more than 20 days prior to
the day of the hearing.
(2) By sending notices by mail not less than 10 days prior to the
date of hearing to the property owners within 200 feet of the exterior
boundaries of the property involved, using for this purpose the names and
addresses of owners as shown upon the records of the county assessor.
Where all property located within 200 feet of the exterior boundaries of
the property involved is under the same ownership., owners of all property
abutting that in the same ownership shall be notified in the same manner
as provided in this section. Failure of a person to receive the notice
specified in this subsection shall not invalidate any proceedings in con-
nection with the application for a conditional use.
Section 121. Recommendation of the Commission. The commission, in
reviewing an application for a conditional use, may consider the most
appropriate use of the land; the conservation and stabilization of prop-
erty values; adequate open space for light and air; concentration of
population; congestion of public streets; and the promotion of the public
safety, morals, health, convenience, and comfort; and the general welfare
of the persons residing or v-rking in the neighborhood of such use. In
addition to the general reqL,_ements of this ordinance, in granting a
conditional use the commission may recommend conditions be attached which
it finds are necessary to carry out the purpose of this ordinance. These
conditions may increase the required lot or yard, control the location
and number of vehicular access points to the property, limit the number
of signs, limit coverage or height of buildings because of obstruction to
view and reduction of light and air to adjacent property, increase off-
street parking and require screening, and landscaping where necessary to
reduce noise and glare and maintain the property in a character in keep-
ing with the surrounding area. The commission shall make its findings
and recommendations in writing within 40 days after the hearing on the
propose conditional use or modification of existing conditional use.
Section 122. Recess of the Hearing by Commission. The commission
may recess a hearing on a request for a conditional use or modification
of an existing conditional use in order to obtain additional information
or to serve further notice upon other property owners or persons it
decides may be interested in the proposed conditional use. Upon recess-
ing for this purpose the commission shall announce the time and date when
the hearing will be resumed.
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VCt 8 PAGE 645
Section 119. Application ard` Fee. An application for a conditional
use shall be filed with the Deschutes County Planning office on forms
provided by the county. The application shall be accompanied by a fee
as established by the county court.
Section 120. Notice of Hearing on Conditional Use. Before any con-
ditional use or modification of an existing conditional use is allowed,
it shall be considered at a public hearing by the commission. The public
hearing before the planning commission shall be held within 40 days after
the application is filed. The Deschutes County Planning office shall
give notice of the hearing in the-following manner:
(1) By one publication of a notice in a newspaper of general cir-
culation in the county not less than five nor more than 20 days prior to
the day of the hearing.
(2) By sending notices by mail•not less than 10 days prior to the
date of hearing to the property owners within 200 feet of the exterior
boundaries of the property involved, using for this purpose the names and
addresses of owners as shown upon the records of the county assessor.
Where all property located within 200 feet of the exterior boundaries of
the property involved is under the same ownership, owners of all property
abutting that in the same ownership shall be notified in the same manner
as provided in this section. Failure of a person to receive the notice
specified in this subsection shall not invalidate any proceedings in con-
nection with the application for a conditional use.
Section 121. Recommendation of the Commission. The commission, in
reviewing an application for a conditional use, may consider the most
appropriate use of the land; the conservation and stabilization of prop-
erty values; adequate open space for light and air; concentration of
population; congestion of public streets; and the promotion of the public
safety, morals, health, convenience, and comfort; and the general welfare
of the persons residing or -c-rking in the neighborhood of such use. In
addition to the general regL,::rements of this ordinance, in granting a
conditional use the commission may recommend conditions be attached which
it finds are necessary to carry out the purpose of this ordinance. These
conditions may increase the required lot or yard, control the location
and number of vehicular access points to the property, limit the number
of signs, limit coverage or height of buildings because of obstruction to
view and reduction of light and air to adjacent property, increase off-
street parking and require screening, and landscaping where necessary to
reduce noise and glare and maintain the property in a character in keep-
ing with the surrounding area. The commission shall make its findings
and recommendations in writing within 40 days after the hearing on the
propose conditional use or modification of existing conditional use.
Section 122. Recess of the Hearing by Commission. The commission
may recess a hearing on a request for a conditional use or modification
of an existing conditional use in order to obtain additional information
or to serve further notice upon other property owners or persons it
decides may be interested in the proposed conditional use. Upon recess-
ing for this purpose the commission shall announce the time and date when
the hearing will be resumed.
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Section 123. Action of the Commission. The Deschutes County Plan-
ning office shall notify the applicant and those entitled to notice unler
Section 119 (2) for a conditional use in writing of the planning com-
mission's action within five days after the commission has rendered its
decision.
Section 124. Appeal to County Court. The action of the commission
may be appealed to the county court within 15 days after the commission
has rendered its decision by filing a written notice with the Deschutes
County Planning office. If no appeal is taken within the 15-day period
the decision of the commission shall be final. If an appeal is filed
the county court shall receive a report and recommendation from the
commission and shall hold a public hearing on the application. Notice
of the public hearing shall be by one publication in a newspaper of
general circulation in the county not less than five days nor more
than 20 days prior to the date of hearing.
Section 125. County Court Action. After the hearing the county
court may approve or deny the application.. or it may approve the appli-
cation subject to conditions.
Variances
Section 126. Authorization to Grant Variances. The commission may
authorize variances from the yard, height, lot size, or coverage require-
ments of these regulations where, owing to special and unusual hardships
related to a specific piece of property, the literal interpretation of
this ordinance would cause an undue or unnecessary hardship.
(1) No variance shall allow the use of property for purposes not
authorized within the zone.
(2) No variance shall be granted by the commission unless all of
the following conditions ex^t:
(a) Exceptional cn extraordinary conditions apply to the
property that do not apply generally to other properties in the
same zone or vicinity, which conditions are a result of topography
or circumstances over which the applicant has no control.
(b) The variance is necessary for the preservation of a prop-
erty right of the applicant substantially the same as is possessed
by owners of other property in the same zone or vicinity.
(c) The authorization of the variance is not materially detri-
mental to the purposes of this ordinance or injurious to property
in the vicinity or zone in vbich the property is located, or is not
otherwise detrimental to the objectives of a county development plan
or policy.
(d) The variance is the minimum variance from the provisions
and standards of this ordinance which will alleviate the hardship.
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Section 127. Public Hearing of the Commission. Pefore any variance
is allowed under the provisions of this ordinance, it shall be considered
by the commission at a public hearing.
Section 128. Initiation of a Variance. A request for a variance may
be initiated by a property owner or his authorized agent.
Section 129. Application and Fee. An application by a property
owner or his authorized agent for a variance shall be filed with the Des-
chutes County Planning office. The application shall be accompanied by
a fee as established by the county court.
Section 130. Notice of Public Hearing on Variance. Within 40 days
after an application for a variance is filed, the commission shall hold
a public hearing on the request. At least five days, but not more than
20 days prior to the date of hearing, the Deschutes County Planning office
shall give written notice of the hearing by mail to owners of property
abutting the lot or parcel of land on which the variance is requested,
and shall notify owners of any other lot or land parcel which he deems
affected by the proposed variance using for this purpose the names and
addresses of owners as shown upon the records of the county assessor.
Section 131. Recess of Hearing by Commission. The commission may
recess a hearing on a request for a variance in order to obtain additional
information or to serve further notice upon other property owners or
persons it decides may be interested in the proposed variance. Upon re-
cessing for this purpose, the commission shall announce the time and
date when the hearing will be resumed.
Section 132• Action of the Commission. The commission may attach
conditions to an authorized variance which it feels are necessary to pro-
tect the public interest and carry out the purpose of this ordinance.
The Deschutes County Planning office shall notify the applicant for a
variance in writing of the commission's action within five days after
the commission has rendereC' its decision.
Section 133• Appeal to the County Gourt. An action of the
commission may be appealed to the county court within 15 days after the
commission has rendered its decision by filing a written notice with
the Deschutes County Planning office. If no appeal is taken within the
15-day period the decision of the commission shall be final. If an
appeal is filed the county court shall receive a report and recommen-
dation from the commission, and shall hold a public hearing on the
application. Notice of the public hearing shall be by one publication
in a newspaper of general circulation in the county not less than five
days nor more than 20 days prior to the date of hearing.
Amendments
Section 131. Authorization to Amend the Zoning Ordinance. An
amendment to the text of this ordinance or a change in zone may be in-
itiated by the county court, the commission, or by application of a
property owner or his authorized agent. The commission at its next
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regular meeting after the initiation of the amendment shall set the time
and place of the public hearing on the proposed amendment to be held be-
fore the commission.
Section 135. Application and Fee. An application by a property
owner or his authorized agent for amendment shall be filed with the Des-
chutes County Planning office. The application shall be accompanied by
a fee as established by the county court.
Section 136. Notice of Hearing on Proposed Amendments. Notice of
time and place of the public hearing before the commission and the pur-
pose of the proposed amendment shall be given as provided in ORS 215.060
and in the following manner:
(1) If an amendment to the text of this ordinance or a change in
zone of an area of 10 acres or more is proposed, the notice shall be by
three publications in a newspaper of-general circulation in the county
once a week for three consecutive weeks prior to the date of hearing.
(2) If an amendment to the zoning map of an area of less than 10
acres is proposed, the notice shall be by mail not less than 10 days
prior to the date of hearing to owners of property within 200 feet of
the exterior boundaries of the property involved, using for this purpose
the names and addresses of the owners as shown upon the records of the
county assessor. Where all property located within 200 feet of the ex-
terior boundaries of the property involved is under the same ownership,
owners of all property abutting that of the same ownership shall be
notified in the same manner as provided in this subsection. Failure of
a person to receive the notice specified in this subsection shall not
invalidate any proceedings in connection with the proposed zone change.
Section 137. Recommendation of the Commission. The commission may
recommend to the county court approval, disapproval, or modification of
the proposed amendment to the text or zoning map of this ordinance. The
commission shall make its f"A.,kc'ings and recommendations in writing within
40 days after the hearing ca the proposed amendment.
Section 138. Recess of Hearing by Commission. The commission may
recess a hearing on a proposed amendment in order to obtain additional
information or to serve further notice upon other property owners or
persons it decides may be interested in the proposed amendment. Upon
recessing for this purpose the commission shall announce the time and
date when the hearing will be resumed.
Section 139. Notice and Hearing before the County Court. After
the hearing and recommendations have been made by the commission, the
county court shall hold a public hearing on the proposed amendment.
Notice of the hearing shall be by one publication in a newspaper of
general circulation in the county not less than five days nor more than
20 days prior to the date of the hearing.
Section 140. Information to the County Court. The county court
shall receive from the commission the application, report, and transcript
of record, if any, and shall hear other information relating to the pro-
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posed amendment.
Section 141. Adoption of amendment by County Court. After the
public hearing the county court may, by ordinance, adopt the proposed
amendment as submitted or as it may be modified.
Administration, Interpretation, and Enforcement
Section 142. Form of Petitions, Applications, and Appeals. The
planning commission shall prescribe the form and scope of all petitions,
applications, and accompanying data to be furnished as provided for in
this ordinance to assure the fullest practical presentation of facts for
proper consideration of a matter involved in each case and to maintain a
permanent record.
Section 143. Temporary Permits. The building inspector may issue
temporary permits for a period not to exceed one year for buildings to be
constructed and used for storage incidental to construction of buildings
on the property, for temporary real estate offices, and for signs adver-
tising a subdivision or tract of land or announcing the proposed use of
a new building or land. The planning commission may approve an extension
of time of the permit.
Section 144. Interpretation. There the c ondi ti ons imposed by any
provision of this ordinance upon the use of land or buildings or upon the
size, location, coverage, or height of buildings are eitner more restric-
tive or less restrictive than comparable conditions imposed by any other
provisions of this ordinance or any other ordinance, resolution, or reg-
ulation, the provisions which are more restrictive shall govern.
Section 145. Enforcement. The building inspector shall have the
power and duty to enforce the provisions of this ordinance. This or-
dinance becomes effective on the day after its adoption.
Section 146. Severabil,'-v. The provisions of this ordinance are
hereby declared to be s- veraolc. In any section, sentence, clauses or
phrase of this ordinance is adjudged by a court of competent jurisdic-
tion to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance.
Section 147. Penalty. Any person violating any of the provisions
of this ordinance shall, upon convietion thereof, be punished according
to the provisions of CRS 215.990.
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