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2005-667-Ordinance No. 2005-016 Recorded 5/3/2005REVIE)kED 2r LEGAL COUNSEL REVIEWED gm�— CODE REVIEW COMMITTEE DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK U SHP COMMISSIONERS' JOURNAL At 1A1 JIAAK I 1 1 Al l It ON For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 18 of the Deschutes County Code and Declaring an Emergency. ORDINANCE NO. 2005-016 WHEREAS, Hap Taylor & Sons, Inc applied for a text amendment to Title 18 of the Deschutes County Code (file number TA -04-7); and WHEREAS, the Deschutes County Planning Commission, considered this matter after a public hearing on December 9, 2004 and forwarded a recommendation to the Board of County Commissioners to approve the text amendment with changes, and WHEREAS, notice was given and hearing conducted on April 5, 2005, before the Board of County Commissioners ("Board") in accordance with applicable law; and WHEREAS, on this same date, the Board adopted Ordinance 2005-017 amending Title 23 of the Deschutes County Code to allow for the creation of the Tumalo Industrial zone; and WHEREAS, the Board approved the proposed text amendment with the changes recommended by the Planning Commission and the applicant's proposed revisions; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.12, Establishment of Zones, is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ikegffeugh. Section 2. AMENDMENT. DCC 18.67, Tumalo Rural Community Zoning Districts, is amended to read as described in Exhibit "B," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ikegffetigh. PAGE I OF 2 - ORDINANCE NO. 2005-016 (04/27/2005) Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. APPROVED this day of 2005 for the Deschutes County Board of Commissioners. - 0-,6- S�e-,,t - Tom DeWolf, Chair ATTEST: (0-�, 6OL4--- Recording Secretary -yAay of Date of 1 "Reading: O&J)" 2005. 1 J -A Date of 2 nd Readingo=-— day of ahlkL, 2005. Record of Adoption Vote Commissioner Yes No Abstained Excused Tom DeWolf Michael M. Daly Dennis R. Luke Effective date: 2005. day of 6q ATTEST: ( t1kM,- Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2005-016 (04/27/2005) R. Luke, Commissioner EXHIBIT "A" Chapter 18.12. ESTABLISHMENT OF Abbreviations ZONES 18.12.010. Establishment of zones. 18.12.020. Location of zones. 18.12.030. Zoning map. 18.12.040. Zone boundaries. 18.12.010. Establishment of zones. For the purpose of DCC Title 18, the following primary zones, combining zones, subzones and zone districts are hereby established: A. Primary zones. Primary Zones Abbreviations Airport Development AD Exclusive Farm Use Zones EFU Flood Plain FP Forest Use F I Forest Use F2 Multiple Use Agriculture MUA 10 Open Space and Conservation OS&C Rural Commercial RC Rural Industrial RI Rural Residential RRIO Rural Service Center RSC Surface Mining SM B. Combininiz zones. Combining Zones Abbreviations Airport Height AH Conventional Housing CH Destination Resort DR Landscape Management LM Limited Use LU Sensitive Bird & Mammal Habitat SBM Surface Mining Impact Area SMIA Wildlife Area WA C. Exclusive Farm Use Zones. Exclusive Farrn Use Subzones Abbreviations Alfalfa EFUAL Horse Ridge East EFUHR La Pine EFULA Lower Bridge EFULB Sisters/Cloverdale EFUSC Terrebonne EFUTE Tumalo/Redmond/Bend EFUTRB D. Unincorporated Community Zones. La Pine Urban Unincorporated Communitv- La Pine Planning Area Abbreviations Commercial District LPC Community Facility District LPCF Community Facility Limited District LPCFL Flood Plain District LPFP Industrial District LPI Business Park District LPBP Residential District LPR Sewer Treatment District LPST Neighborhood Planning Area Abbreviations Neighborhood Community Facility LPNCF Neighborhood Community Facility LPNCFL Limited Resort Equestrian District Neighborhood Commercial LPNC Neighborhood Park LPNPK Neighborhood Open Space LPNO Neighborhood Residential Center LPNRC Neighborhood Residential General LPNRG Wickiup Planning Area Abbreviation Wickiup Commercial/Residential LPWJ 2. Sunriver Urban Unincorporated Sunriver LTUC Districts Abbreviations Airport District SUA Business Park District SUBP Commercial District SUC Community General District SUCG Community Limited District SUCL Community Neighborhood District SUCN Community Recreation District SUCR Flood Plain Combining District SUFP Forest District SUF Multiple Family Residential District SURM Resort District SUR Resort Equestrian District SURE Resort Golf Course District SURG Resort Marina District SURA Resort Nature Center District SURN Single Family Residential District SURS UtilityDistrict SUU Page I of 3 —Exhibit "A" TO ORDINANCE 2005-016 (4/25/05) EXHIBIT "A" 3. 1 errebonne Kural Uommuni Terrebonne RC Districts Abbreviations Commercial District TERC Commercial -Rural District TECR Residential District TER Residential -5 acre minimum District TER5 4. 1 umaio Kurai uomr Tumalo RC Districts Abbreviations Commercial District TUC Residential District TUR Residential -5 acre minimum District TUR5 Research & Development District TURE Industrial District TUI 5. Rural Service Center. Commercial/Mixed Use District RSC-C/M Residential RSC -R Open Space RSC -OS 6. Resort Community. A. Black Butte Ranch Abbreviations Resort District BBRR Surface Mining District/Limited Use BBRSM Utility District/Limited Use BBRU B. Inn of the 7th Mountain/ Widgi Creek Abbreviations Resort District SMWCR Widgi Creek Residential District WCR 7. Rural Commercial Deschutes Junction RC River Woods Store RC Spring River RC_LU (Ord. 2005-016 § 1, 2005, Ord. 2002-019 § 1, 2002, Ord. 2002-001, § 1, 2002, Ord. 2001-048 § 4, 2001, Ord. 2001-044 § 2, 2001; Ord. 98-063 § 2, 1998; Ord. 96-003 § 4, 1996; Ord. 92-025 § 5, 1992) 18.12.020. Location of zones. The boundaries for the zones listed in DCC Title 18 are indicated on the Deschutes County Zoning Map which is hereby adopted by reference. The boundaries shall be modified subject to zoning map amendments which shall be adopted by reference. (Ord. 91-020 § 1, 1991) 18.12.030. Zoning map. A zoning map amendment adopted by DCC 18.12.020, above, or by an amendment thereto shall be prepared by authority of the Planning Director or Hearings Body or Board of County Commissioners. The map or map amendment shall be dated with the effective date of the order or ordinance that adopts the map or map amendment. A certified print of the adopted map shall be maintained in the office of the County Clerk as long as the map adoption order or ordinance remains in effect. A copy of all map amendments, which shall contain a legal description of the area to be amended as well as a map reflecting the previous zoning and a map of the amendment, shall be maintained in the office of the County Clerk. (Ord. 91-020 § 1, 1991) 18.12.040. Zone boundaries. Unless otherwise specified, zone boundaries are section lines, subdivision lines, lot lines, center lines of street or railroad rights of way, water courses, ridges or rimrocks, other readily recognizable or identifiable natural features, or the extension of such lines. Whenever uncertainty exists as to the boundary of a zone as shown on the zoning map or amendment thereto, the following rules shall apply: A. Where a boundary line is indicated as following a street, alley, canal or railroad right of way, it shall be construed as following the centerline of such right of way. B. Where a boundary line follows or approximately coincides with a section lines or division thereof, lot or property ownership line, it shall be construed as following such line. C. If a zone boundary as shown on the zoning map divides a lot or parcel between two zones, the entire lot or parcel shall be deemed to be in the zone in which the greater area of the lot or parcel lies, provided that this adjustment involves a distance not exceeding 100 feet from the mapped zone boundary. DCC Title 18 does not apply to areas zoned flood plain. Page I of 3 — Exhibit "A" TO ORDINANCE 2005-016 (4/25/05) Z!, EXHIBIT "A" (Ord. 91-020 § 1, 1991; Ord. 91-005 § 3, 1991; Ord. 80-206 § 2, 1980) Page I of 3 — Exhibit "A" TO ORDINANCE 2005-016 (4/25/05) EXHIBIT "B" Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS 18.67.010. Purpose. 18.67.020. Residential (TuR) district. 18.67.030. Residential -5 acre minimum (TuR5) district. 18.67.040. Commercial (TuC) district. 18.67.050. Research and development district. 18.67.060. Industrial (Tul) district. 18.67.0670. Flood plain district. 18.67.0-780. Standards for all districts. 18.67.0990.Right-of-way development standards. 18.67.010. Purpose. The purpose of DCC 18.67 is to establish standards and review procedures for the future development of the Tumalo Rural Community. Five Six separate zoning districts are established, each with its own set of allowed uses and district regulations. (Ord. 97-033 § 2, 1997) 18.67.020. Residential (TuR) district. The Tumalo Residential (TuR) District allows a mixture of housing types and densities suited to the level of available water and sewer facilities. The purpose of this district is to allow new residential development that is compatible with the rural character of the area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling, or a manufactured home subject to DCC 18.116.070. 2. Two-family dwelling. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Agricultural uses as defined in DCC Title 18, involving: a. Keeping of cows, horses, goats, sheep or similar farrn animals, provided that the total number of such animals over the age of six months is limited to one for each 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals, provided that the total number of such animals over the age of six months does not exceed one for each 500 square feet of property. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. 6. Class III road or street project. 7. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.67, 18.116, 18.124, and 18.128: 1. Multi -family dwelling complex. 2. Retirement center or nursing home. 3. Church. 4. Cemetery. 5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 6. Child care center. 7. Public or private school. 8. Park. 9. Public or semi-public building. 10. Utility facility. 11. Water supply or treatment facility. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 13. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. C. Lot Requirements. 1. Partitions: Page I of I I— Exhibit "B" TO ORDINANCE 2005-016 (4/25/05) EXHIBIT "B" a. Subject to the provisions of DCC zoned land that is receiving special 17.36.170(A), parcels not served by assessment. for farm use shall be set an approved community, non- back a minimum of 100 feet from the community or municipal water common property line. system shall have a minimum width (Ord. 2004-002 § 17, 2004; Ord. 2001-039 § of 150 feet with a minimum parcel 8, 2001; Ord. 2001-016 § 2, 2001; Ord. 97 - size of one acre. 063 § 3, 1997; Ord. 97-033 § 2, 1997) b. Subject to DCC 17.36.170(A), parcels served by an approved 18.67.030. Residential -5 acre minimum community, non -community, (TuR5) District. municipal or public water system, The purpose of the Tumalo Residential -5 Acre shall have a minimum parcel size as Minimum District is to retain large rural follows: residential lots. 1. For a single-family dwelling the parcel shall have a minimum A. Permitted Uses. The following uses and their width of 100 feet and a minimum accessory uses are permitted outright and do parcel size of 22,000 square feet. not require site plan review. 2. For a two-family dwelling the 1. Single-family dwelling or a parcel shall have a minimum manufactured home subject to DCC width of 100 feet and a minimum 18.116.070. parcel size of 33,000 square feet. 2. Type I Home Occupation, subject to 2. Subdivisions: DCC 18.116.280. a. For subdivisions involving multi- 3. Agricultural uses as defined in DCC family dwellings, a manufactured 18.04, involving: home park or a retirement home, all a. Keeping of cows, horses, goats, new lots shall be connected to a sheep or similar farm animals, DEQ -permitted Wastewater provided that the total numbers of Pollution Control Facility. such animals over the age of six b. For subdivisions involving only months is limited to the square single-family and two-family footage of the lot or parcel divided dwellings the standards set forth in by 20,000 square feet. DCC 18.67.020(C)(1) shall apply. b. Keeping of chickens, fowl, rabbits or similar farin animals over the age of D. Yard Standards. six months, provided that the total I . Front Yard. The front yard shall be 20 numbers of such animals does not feet for a property fronting on a local exceed one for each 500 square feet street right-of-way, 30 feet for a property of property. fronting on a collector right-of-way and 4. Class I and H road or street project 80 feet for a property fronting on an subject to approval as part of a land arterial right-of-way. partition, subdivision or subject to the 2. Side Yard. A side yard shall be a standards of DCC 18.67.080 and minimum of five feet and the sum of the 18.116.230. two side yards shall be a minimum of 15 5. Class III road or street project. feet, subject to DCC 18.67.020(D)(4). 6. Operation, maintenance, and piping of 3. Rear Yard. The minimum rear yard shall existing irrigation systems operated by an be 20 feet, subject to DCC Irrigation District except as provided in 18.67.020(D)(4). DCC 18.120.050. 4. Exception to Yard Standards. Any new structure requiring a building permit on B. Conditional Uses. The following uses and a lot or parcel contiguous to EFU- their accessory uses are permitted subject to Page 2 of I I— Exhibit "B" TO ORDINANCE 2005-016 (4/25/05) EXHIBIT "B" the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Church. 2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 3. Public or private school. 4. Child care center. 5. Park. 6. Public or semi-public building. 7. Utility facility. 8. Water supply or treatment facility. 9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B)_ 10. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. C. Lot Requirements. The minimum lot or parcel size in the TuR5 District is five acres. D. Yard Standards. I . Front Yard. The front yard shall be 20 feet for a property fronting on a local street right-of-way, 30 feet for a property fronting on a collector right-of-way, and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.67.030(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.67.030(D)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (Ord. 2004-002 § 18, 2004; Ord. 2001-039 § 8, 2001; Ord. 2001-016 § 2, 2001; Ord. 2000- 033 § 11, 2000; Ord. 97-063 § 3, 1997; Ord. 97-033 § 2, 1997) 18.67.040. Commercial (TuC) district. The Tumalo Commercial District is intended to allow a range of limited commercial and industrial uses to serve the community and surrounding area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. I . Single-family dwelling or duplex. 2. Manufactured home subject to DCC 18.116.070. 3. Type I Home Occupation, subject to DCC 18.116.280. 4. Class I and 11 road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.060 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and'piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Pennitted, Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.67, 18.116 and 18.124: 1 . A building or buildings, none of which exceeds 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating and/or drinking establishment. c. Offices. d. Residential use in the same building as a use permitted in DCC 18.67.040. 2. Any of the uses listed under DCC 18.67.040 proposing to occupy more than 4,000 square feet of floor area in a building subject to the provisions of DCC 18.67.040(E). C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Church. Page 3 of I I— Exhibit "B" TO ORDINANCE 2005-016 (4/25/05) EXHIBIT "B" 2. Bed and breakfast inn. 3. Child care center. 4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 5. Park. 6. Public or semi-public building. 7. Utility facility. 8. Water supply or treatment facility. 9. Manufactured home/RV park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL -15 in 1979 and being operated as of June 12, 1996 as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel as configured on June 12, 1996. 10. The following uses and their accessory uses may be conducted in a building or buildings not to exceed 4,000 square feet of floor space. a. Farm equipment, sales, service or repair. b. Trailer sales, service or repair. c. Vehicle service or repair. d. Veterinary clinic. 11. The following uses may be conducted in a building or buildings not to exceed 10,000 square feet of floor space: a. Manufacturing or production. b. Wholesale sales. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 13. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.67.040(C)(I 1). 1. Compatibility. a. Any use expected to generate more than 50 truck -trailer and/or heavy equipment trips per day to and from the subject property shall not be permitted to locate on a lot or parcel adjacent to or across a local or collector street from a lot or parcel in a residential district. 2. Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from the premises shall document with facts that the affected transportation facilities are adequate to serve the proposed use, considering the functional classification, capacity and level of service of the affected transportation facility. b. All parking demand generated by uses permitted by DCC 18.67 shall be accommodated entirely on the premises. E. Requirements for Large Scale Uses. I . All uses listed in DCC 18.67.040(B) may have a total floor area exceeding 4,000 square feet but not greater than 10,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the traveling needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to contain the proposed use within 4,000 square feet of the floor area. 2. This provision does not apply to uses listed in DCC 18.67.040(C)(I 0). 3. For the purposes of DCC 18.67.040, the surrounding rural area is described as the following: extending north to the Township boundary between Townships 15 and 16; extending west to the boundary of the public lands managed by the U.S. Forest Service in T16S-RIIE; extending south to the south section lines of T17S-Rl2E sections 4,5,6 and T17S- Page 4 of I I— Exhibit "B" TO ORDINANCE 2005-016 (4/25/05) EXHIBIT "B" RHE sections 1,2,3; and extending east to Highway 97. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to new buildings in the TuC district except those uses listed in DCC 18.67.040(C)(10) and any residential use. The provisions of DCC 18.124 also apply. I . The windows must be at least 50 percent of the length of the ground level wall area and 25 percent of height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls which abut sidewalks or streets. 2. Required window areas shall be either windows that allow views into working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. No lot shall be created having less than a minimum of 10,000 square feet. Lot requirements for this district shall be determined by spatial requirements for sewage disposal, required landscaped areas and off-street parking. H. Dimensional Standards. I . Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. 2. No use listed in DCC 18.67.040(C)(10) that is located adjacent to or across a local or collector from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage, or off-street parking and loading areas. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070 (D)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.67.040(l)(4). 3. Rear Yard. No specific requirement, subjpct to DCC 18.67.040 (1)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures or substantial alteration of a structure requiring a building permit on a lot adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU- zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (Ord. 2004-013 § 7, 2004; Ord. 2004-002 § 19, 2004; Ord. 2001-039 § 8, 2001; Ord. 2001-016 § 2, 2001; Ord. 2000-033 § 11, 2000; Ord. 97-063 § 3, 1997; Ord. 97-033 § 2, 1997) 18.67.050. Research and development district. The purpose of the Research and Development District is to allow research and development facilities requiring a more rural, nonindustrial location to be located in designated areas of the County and encourage employment opportunity within the County while protecting the rural character of the area, as well as preserving or enhancing the air, water and land resources of the area. A. Uses permitted outright. The following uses and their accessory uses are permitted outright: 1. Farming, except for livestock feed lot or sales yard, hog or mink farms. 2 Office buildings associated with research and development. 3. Research and development laboratories. 4. Residence for caretaker or night watchman on property with existing research and development use. Page 5 of I I— Exhibit "B" TO ORDINANCE 2005-016 (4/25/05) EXHIBIT "B" 5. Class I and 19 road or street project disturbances perceptible without subject to approval as part of a land instruments more than 200 feet in the partition, subdivision or subject to the direction of the affected residential use or standards of DCC 18.67.080 and lot. 18.116.230. 2. All parking demand created by any use 6. Class III road or street project. permitted by DCC 18.67.050 shall be 7. Operation, maintenance, and piping of accommodated on the applicant's existing irrigation systems operated by an premises entirely off-street. Irrigation District except as provided in DCC 3. No use permitted by DCC 18.67.050 18.120.050. shall require the backing of traffic onto a B. Conditional Uses. The following uses and public or private street or road right of their accessory uses are permitted subject to way. the applicable provisions of DCC 18.116, 4. There shall be only one ingress. 18.124, and 18.128: 5. All uses shall be screened from adjoining I . Manufacturing and assembly of residential uses by densely planted trees electronic instruments and equipment and shrubs or sight -obscuring fencing. and electrical devices. 6. No use shall be permitted to operate 2. Manufacturing and assembly of precision between the hours of 11:00 p.m. and 7:00 instruments, tools or devices. a.m. if located adjacent to or across the 3. Manufacturing of medicines and street from a residential use or lot in a pharmaceuticals. platted subdivision or residential zone if 4. Limited incidental manufacture of a the use creates noise in violation of the research product. County Noise Ordinance except as 5. Restaurant and cafeteria facilities for provided by DCC 8.08.090(A). employees. 7. No use shall be permitted which has been 6. Excavation, grading and fill and removal declared a nuisance by state statute, within the bed and banks of a stream or County ordinance or court of competent river or in a wetland subject to DCC jurisdiction. No use requiring 18.120.OSO and 18.128.270. contaminant discharge permits shall be 7. Wireless telecommunications facilities, approved by the Planning Director or except those facilities meeting the Hearings Body prior to review by the requirements of DCC 18.116.250(A) or applicable state or federal (B). permit -reviewing authority, nor shall 8. Surface mining of mineral and aggregate such uses be permitted adjacent to or resources in conjunction with the across the street from a residential use or operation and maintenance of irrigation lot. systems operated by an Irrigation D. Dimensional standards. In the R&D Zone, District, including the excavation and the following dimensional standards shall mining for facilities, ponds, reservoirs, apply: and the off-site use, storage, and sale of I . The minimum lot size shall be excavated material. determined subject to the provisions of C. Use limitations. The following limitations DCC 18.67.050 relative to setback and standards shall apply to all permitted requirements, off-street parking and loading, and as deemed necessary by the uses: I . Any use on a lot adjacent to or across a Planning Director or Hearings Body, to street from a residential use or lot in a maintain air, water and land resource platted subdivision or residential zone quality and to protect adjoining and area shall not emit odor, dust, fumes, glare, land uses. flashing lights, noise or other similar Z� Page 6 of I I— Exhibit "B" TO ORDINANCE 2005-016 (4/25/05) E. F 2. 3 4 5 T 7 EXHIBIT "B" No use which is located adjacent to or across a street from a residential use or lot in a platted subdivision or residential zone shall exceed more than 70 percent lot coverage by all buildings, storage areas or facilities, and required off-street parking and loading areas. The minimum building setback between a structure and a street, road or railroad right-of-way line shall be 50 feet unless a greater setback is required for compliance with Comprehensive Plan policies. The minimum setback between a structure and a property line adjoining a residential lot or use in a platted subdivision or residential zone shall be 50 feet. The minimum setback between a structure and an existing use shall be three feet from the property line and six feet from a structure on the adjoining property. The maximum building height shall be 25 feet on any lot adjacent to or across the street from a residential use or lot in a platted subdivision or residential zone. The minimum lot frontage shall be 50 feet. R&D Site design. The site design of any permitted use shall make the most effective use reasonably possible of the site topography, existing landscaping and building placement so as to preserve existing trees and natural features, preserve vistas and other views from public ways and neighboring residential uses and to minimize intrusion into the character of existing developments in the immediate vicinity of the proposed use. Design and use criteria. In the consideration of an application for a proposed use, the Planning Director or Hearings Body shall take into account the impact of the proposed use on nearby residential and commercial uses, on resource carrying capacities and on the capacity of transportation and other public facilities and services. In approving a proposed use, the Planning Director or Hearings Body shall find that: I . The proposal is in compliance with the Comprehensive Plan. 2. The proposal is in compliance with the intent and provisions of DCC Title 18. 3. That any adverse social, economical, physical or environmental impacts are minimized. G. Additional requirements. As a condition of approval, the Planning Director or Hearings Body may require: I . An increase in required setbacks. 2. Additional off-street parking and loading facilities. 3. Limitations on signs or lighting, hours of operation, and points of ingress and egress. 4. Additional landscaping, screening and other improvements. 5. Any other conditions considered necessary to achieve compliance with the intent and purposes of DCC Title 18 and policies of the Comprehensive Plan. (Ord. 2001-039 § 8, 2001; Ord. 2001-016 § 2, 2001; Ord. 97-063 § 3, 1997; Ord. 97-033 § 2, 1997) 18.67.060. Industrial (Tub District. The puMose of the Industrial District is to allow a limited range of industrial uses to serve the community and the surrounding area. A. Uses pen-nitted outright. The following uses and their accesso!y uses are permitted outright: I . Industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994), 2. Office buildings associated with industrial uses in existence on the date of adoption of the UnincoMorated Communities rule, OAR 660-022 (October 28, 1994), Restaurants and cafeteria facilities associated with industrial uses in existence on the date of adoption of the Uninco!porated Communities rule, OAR 660-022 (October 28, 1994); Page 7 of I I— Exhibit "B" TO ORDINANCE 2005-016 (4/25/05) EXHIBIT "B" 4. Residence for caretaker or nialit watchman on propegy with industrial uses in existence on the date of adoption of the Uninco1porated Communities rule, OAR 660-022 (October 28, 1994)-, 5. Equipment storage associated with industrial uses in existence on the date of adoption of the UnincoEporated Communities rule, OAR 660-022 (October 28, 1994); 6. Class I and H road or street project sub*ect to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. 7. Class III road or street project. 8. OReration, maintenance, and piping of existing irrigation systems operated by -an Irrigation District except as provided in DCQ 18.120.050.. B. Uses Permitted, Subiect to Site Plan Review. The following uses and their accessoEy uses are permitted in a building or buildings not to exceed 40,000 square feet of floor area, subject to the qpplicable provisions of DCC 18.67, 18.116, and 18.124. 1. Expansion or replacement of uses allowed under DCC 18.67.060(A); 2. Office buildings associated with industrial uses, 3. Restaurant and cafeteria facilities associated with industrial uses; 4. Residence for caretaker or nigJi watchman on prope!:!y with industrial uses; 5 Equipment storage associated with industrial uses; 6. Primajy processing, packaging, treatment, bulk storage and distribution of the following products: a. Agricultural products, including foodstuffs, animal and fish products, and animal feeds. b. Ornamental horticultural products and nurseries. c. Softwood and hardwood products excluding l2uIP and pMer manufacturing. d. Sand, gravel, clqy and other mineral products. 7. Freight depot, including the loading, unloading, storage and distribution of goods and materials by railcar or truck; 8. Contractor's or building materials business and other construction -related business including plumbing, electrical, roof, siding, etc., 9. Welding, sheet metal, or machine shop provided such is wholly enclosed within a building or all outside storage is enclosed by site -obscuring fencing. 10. Mini -storage facilfty. 11. Manufacturing, storage, sales, rental, repair and servicing of equipment and materials associated with fann and forest uses, logging, road maintenance, mineral extraction, construction or similar rural activities; 12. Any industrial use proposing to occupy more than 40,000 square feet of floor area in a building or buildings is subiect to the provisions of DCC 18.67.060(C) and (D). C. Conditional Uses. The followinQ uses and their accessory uses are permitted subject to the applicable provisions of DCQ 18.116, 18.124, and 18.128: 1. Any use permitted by DCQ 18.67.060(B) which will exceed 40,000 square feet of floor area, 2. Concrete or readv Mix Diant: 3. Stockpiling, storage, crushing and processing of minerals, includiniz the processing of aggregate into asphaltic concrete or Portland Cement Concrete; 4. Buildings, structures, qpparatus, equipment and appurtenances necessM for the above uses to be carried on. D. Use limitations. The following limitations and standards shall apply to all permitted uses: I . A new industrial use mU occupy more than 40,000 square feet of floor area in a building or buildings provided an analysis set forth in the comprehensive plan demonstrates and land use regulations ensure: Page 8 of I I— Exhibit "B" TO ORDINANCE 2005-016 (4/25/05) EXHIBIT "B" a. The use will primarily emplpy a work force from the communi1y and surrounding rural area and will not rely gpon a work force served by uses within urban growth boundaries. The determination of the work force of the communijy shall consider the total industrial empigyment in the community and surrounding rural area and be coordinated with empIpMent l2roiections for nearb urban prowth boundaries; and b. It is not practical to contain the proposed use within 40,000 square feet of the floor area. 2. For the pu!poses of DQC 18.67.060, the surrounding rural area is described as the following: extending north to the Township boundM between Townships 15 and 16-, extending west to the bounda!y of the public lands managed by the U.S. Forest Service in T16S-RIIE, extending south to the south section lines of T17S-Rl2E sections 4,5,6 and T17S- RI IE sections 1,23, and extending east to Highwgy 97. E. Dimensional standards. In the Industrial Zone, the following dimensional standards shall @V121y: 1. The minimum lot size shall be determined subiect to the provisions of DCC 18.67.060 relative to setback req irements, off-street Parking and loading, and as deemed necessM by the Planning Director or Hearings Body, to maintain air, water and land resource qualily and to protect adjoining and area land uses. 2. The minimum building setback between a structure and a street, road or railroad riy,ht-of-wqy line shall be 25 feet unless a gre er setback is required for compliance with Comprehensive Plan policies. 3. The minimum setback between a structure and a propegy line adjoining a residential lot or use in a platted subdivision or residential zone shall be 50 feet. 4. The minimum setback between a structure and an existing use shall be three feet from the prope!ly line and six feet from a stnicture on the adjoining prope!:!y. 5. The maximum building height shall be 45 feet on any lot adjacent to a residential use or lot in a platted subdivision or residential zone. 6. The minimum lot frontage shall be 50 feet. 7. Exception to Yard Standards. Any new structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common 12ropeM line. F. Industrial Site design. The site design of any permitted use shall make the most effective use reasonably possible of the site topogrWhy, existing landscqping and building placement so as to preserve existing trees and natural features, preserve vistas and other views from public ways and neighboring residential uses and to minimize intrusion into the character of existing developments in the immediate vicinity of the proposed use. G. Design and use criteria. In the consideration of an application for a new industrial use, the Planning Director or Hearings Body shqll take into account the imRact of the proposed use on nearby residential and commercial uses, on resource cMing capacities and on the capacily of transportation and other public facilities and services. In approving a proposed use, the Planning Director or Hearings Body shall find that: I . The new use is in compliance with the Comprehensi3Le Plan. 2. The new use is in compliance with the intent and provisions of DCQ Title 18. 3. That any adverse social, economical, physical or environmental impacts are inimized. H. Additional requirements. As a condition of gpproval, the Planning Director or HeadM Body mqy require: Page 9 of I I— Exhibit "B" TO ORDINANCE 2005-016 (4/25/05) EXHIBIT "B" 1. An increase in required setbacks. 2. Additional off-street parking and loading facilities. 3. Limitations on signs or lighting, hours of operation, and points of ing[ess and egress. 4. Additional landscqRing, screening and other iWrovements. 5. ALiy other conditions considered necessM to achieve compliance with the intent and pulposes of DCC Title 18 and policies of the Comprehensive Plan. 1. For putposes of this clinter, a new industrial use does not include industrial uses in existence on the date of Ord. 2005-16. Unless expanded or altered, industrial uses in existence on the date of adoption of the TUI District are not subiect to the requirements of 18.67.060(B) or 18.67.060(C). (Ord. 2005-016 § 2, 2005) 18.67.0670. Flood plain district. All uses within this district shall be subject to the applicable provisions in DCC 18.96. (Ord. 97-033 § 2, 1997) 18.67.0-780. Standards for all districts. 011 U0.1 Fe I WE E Solar Setback. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. Building Code Setbacks. In addition to the setbacks set forth herein, any greater setbacks required by the applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. Off -Street Parking and Loading. Off-street parking and loading shall be provided subject to the applicable provisions of DCC 18.116. Lot Coverage. Except where otherwise noted, the primary and accessory buildings located on any lot or parcel shall not cover more than 30 percent of the total lot or parcel. Building Height. Except where otherwise indicated, no building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. F. Rimrock Setback. Setbacks from the rimrock are subject to the applicable provisions of DCC 18.116.160. G. River setback. All new structures or additions to existing structures within 100 feet from the ordinary high water mark of designated streams and rivers are subject to the applicable provisions of DCC 18.120.030. For the purpose of DCC 18.67.070, decks are considered part of a structure. (Ord. 97-033 § 2, 1997) 18.67.0990. Right-of-way development standards. A. Applicability. The standards in DCC 18.67.080 shall, in conjunction with the provisions of DCC 17.36, 17.40 and 17.48 relating to improvements in the right-of-way, apply to improvements in the right-of-way required by land use approvals. Right-of-way improvements shall be those authorized by subdivision, partition, conditional use or site plan requirements, as applicable. The standards set forth in DCC 18.67.080 shall govern over any conflicting standards set forth in DCC Title 17. B. Road Access. For properties abutting Highway 20, when there is a choice to take access from a road other than Highway 20, no access shall be taken from Highway 20. C. Roadways. Any roadway improvement shall conform to the applicable provisions of DCC Title 17, Table 18.67-A and the functional classification assigned to the road segment by the Comprehensive Plan for the Tumalo Rural Community. D. Bikeways. Required bikeway improvements shall conform to the standards set forth in DCC 17.48.140 and applicable specifications of DCC Title 17, Table 18.67-A. E. Sidewalks. 1. Sidewalks shall meet the standards set forth in Table 18.67-A. Sidewalks are required only where specified in the Page 10 of I I— Exhibit "B" TO ORDINANCE 2005-016 (4/25/05) EXHIBIT "B" Comprehensive Plan Map for Tumalo, Map D1 "Planned Pedestrian Improvements." 2. Sidewalks may be constructed either at the time of development or may be deferred until later through formation of a local improvement district. Applicants electing to defer sidewalk construction shall be required as a condition of approval to submit and have recorded a waiver of remonstrance signed by the land owner waiving the land owner's rights to have any objection to LID formation counted against formation of the LID. F. Drainage. Drainage facilities shall be required if necessary to meet the standard of DCC 17.48.190. Where specified in DCC Title 17, Table 18.67-A drainage shall be accomplished by swales constructed in accordance with the specifications set forth in DCC Title 17, Table 18.67-A and the drawing set forth in DCC 17.48. (Ord. 97-03-3 § 2, 1997) Page I I of I I— Exhibit "B" TO ORDINANCE 2005-016 (4/25/05)