2007-159-Ordinance No. 2007-007 Recorded 3/13/2007REVIEWED
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LEGAL COUNSEL
REVIEWED
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CODE RVv'IEW COMMITTEE
COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS CJ ?041'159
COMMISSIONERS' JOURNAL 0311311007 0216'54 PM
2007-159
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, of the Deschutes
County Code Regarding Rural Commercial Zoning * ORDINANCE NO. 2007-007
and Declaring an Emergency.
WHEREAS, Terry L. Mowry filed an application with the Deschutes County Planning Division that
proposes text amendments to Title 18, the Deschutes County Zoning Ordinance, to the Rural Commercial (RC)
Zone chapter, and
WHEREAS, the Deschutes County Hearings Officer held a duly noticed pubic hearing on October 3,
2006, and recommended to the Board of County Commissioners ("Board") the proposed changes to Title 18 as
described in Exhibit "A"; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.74, Rural Commercial zone 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 striketh&ettgk.
Section 2. AMENDMENT. DCC Title 18, the Deschutes County Zoning Map is hereby amended to
change the zoning designation for certain property described in Exhibit "B" and depicted on the map set forth in
Exhibit "C," and by this reference incorporated herein, from Rural Residential to Rural Commercial - Pine
Forest.
Section 3. FINDINGS. The Board adopts the Hearings Officer's decision adopted as Exhibit "D" to
Ordinance 2007-006, and incorporated herein by this reference, as its findings to support this Ordinance.
Section 4. 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.
Dated this of M&ACA_2007 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
PAGE 1 OF 2 - ORDINANCE NO. 2007-007 (2(5/07)
Date of 1St Reading: 0- day of ~Qjk , , 2007.
Date of 2nd Reading:) A- day of , 2007.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly ✓
Dennis R. Luke
Tammy Baney I/
Effective date: ~5=% day of 2007.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2007-007 (2/5/07)
EXHIBIT "A"
Chapter 18.74. Rural Commercial Zone
18.74.010.
Purpose.
18.74.020.
Uses permitted - Deschutes Junction
and Deschutes River Woods Store.
18.74.025.
Uses permitted - Spring River.
18.74.027.
Uses permitted - Pine Forest and
Rosland.
18.74.030.
Development standards.
18.74.010. Purpose.
The purpose of this chapter is to establish standards
and review procedures for development in the Rural
Commercial Zone. The Rural Commercial (RC)
zone provisions implement the comprehensive plan
policies for rural commercial development and
associated uses outside of unincorporated
communities and urban growth boundaries.
(Ord. 2003-080 § 1, 2003, Ord. 2002-019 § 2, 2002)
18.74.020. Uses permitted.
A. Uses Permitted Outright. The following uses
and their accessory uses are permitted outright
and do not require site plan review:
1. Single-family dwelling.
2. Manufactured home subject to DCC
18.116.070.
3. Two-family dwelling.
4. Type 1 Home Occupation, subject to DCC
18.116.280.
5. Agricultural uses.
6. Class I and II road or street project subject
to approval as part of a land partition or
subdivision, or subject to the standards and
criteria established in DCC 18.116.230.
7. Class III road or street project.
8. A lawfully established use existing as of
11 /05/02, the date this chapter was adopted,
not otherwise permitted by this chapter.
B. Uses Permitted Subject to Site Plan Review.
The following uses and their accessory uses are
permitted subject to the applicable provisions of
this chapter and DCC 18.116 and 18.128:
1. A building or buildings not exceeding 2,500
square feet of floor space to be used by any
combination of the following uses.
a. Restaurant, cafe or delicatessen.
b. Grocery store.
c. Tavern.
d. Retail sporting goods and guide
services.
e. Barber and beauty shop.
f. General store.
g. Video store.
h. Antique, art, craft, novelty and second
hand sales if conducted completely
within an enclosed building.
2. Expansion of a nonconforming use listed
under section B(1)(a-h), existing as of
11/05/2002, the date this chapter was
adopted, shall be limited to 2,500 square
feet or 25 percent of the size of the building
as of said date, whichever is greater.
3. A building or buildings not exceeding 3,500
square feet of floor space to be used by any
combination of the following uses.
a. Retail sales of agricultural or farm
products.
b. Farm machinery sales and repair.
c. Kennel.
d. Veterinary clinic.
e. Automobile service station and repair
garage, towing service, fuel storage and
sales.
f. Public or semi-public use.
g. Residential use in the same building as
a use permitted by this chapter.
h. Park or playground.
4. Expansion of a nonconforming use listed
under section B(3)(a-h), existing as of
11/05/2002, the date this chapter was
adopted, shall be limited to 3,500 square
feet or 25 percent of the size of the building
as of said date, whichever is greater.
C. Conditional Uses. The following uses and their
accessory uses are permitted subject to the
applicable provisions of this chapter and DCC
18.116, 18.124 and 18.128:
1. A building or buildings not exceeding 3,500
square feet of floor space to be used by any
combination of the following uses.
a. Type 2 or Type 3 Home Occupation,
subject to DCC 18.116.280.
b. Utility facility.
c. Wireless telecommunications facilities,
except those facilities meeting the
requirements of DCC 18.116.250(A) or
(B)•
PAGE 1 OF 5 - EXHIBIT "A" TO ORDINANCE 2007-007 (01/22/2007)
EXHIBIT "A"
d. Child care center.
e. Church.
f. School.
2. Recreational vehicle park
(Ord. 2004-002 § 20, 2004; Ord. 2002-019 § 2,
2002)
18.74.025. Uses allowed in Spring River Rural
Commercial/Limited Use B.
Combining Zone.
A. Uses Permitted subject to Site Plan Review.
The following uses and their accessory uses are
permitted subject to the applicable provisions of
this chapter and DCC 18.116 andl8.124:
1. A building or buildings not exceeding 2,500
square feet of floor space to be used by any
combination of the following uses:
a. Fishing supplies and equipment.
b. Snowmobiling accessories.
c. Marine accessories.
d. General store.
e. Hardware store.
£ Convenience store with gas pumps.
g. Fast food restaurant, cafe, or coffee
shop.
h. Recreational rental equipment store.
i. Excavation business.
j. Landscaping business/service.
k. Health care service.
1. Beauty shop.
m. Video store.
o. Post office.
p. Party supply.
q. Equipment sales and rental.
r. Appliance store.
s. Bank.
t. Exterminator.
u. Private mailing and packaging store.
v. Bakery.
2. Expansion of a nonconforming use listed in
section A(1)(a-v), existing as of 11/05/02,
the date this chapter was adopted, shall be
limited to 2,500 square feet or 25 percent of
the size of the building as of said date,
whichever is greater.
3. A building or buildings not exceeding 3,500
square feet of floor space to be used by any
combination of the following uses:
a Yet and livestock supply.
b. Farm machinery sales and repair.
4. Expansion of a nonconforming use listed in
section A(3)(a-b), existing as of 11/05/02,
the date this chapter was adopted, shall be
limited to 3,500 square feet of floor space
or 25 percent of the size of the building as
of said date, whichever is greater.
Conditional Uses. The following uses and their
accessory uses are permitted subject to the
applicable provisions of this chapter and DCC
18.116, 18.124 and 18.128:
1. A building or buildings not exceeding 2,500
square feet of floor space to be used by any
combination of the following uses:
a. Full service gas station with automobile
repair services.
b. Welding shop.
c. Mini-storage units
2. Expansion of a nonconforming use listed in
section B(1)(a-c), existing as of 11/05/02,
the date this chapter was adopted, shall be
limited to 2,500 square feet or 25 percent of
the size of the building as of said date,
whichever is greater.
C. Definitions. For the purposes of DCC
18.64.120, the following definitions shall apply:
1. Landscaping business/service: Includes
designing landscapes, site grading and
preparation, placing boulders, planting; trees
and shrubbery, installing sod, installing
irrigation systems and equipment, installing
fencing, and landscape maintenance, but
does not include on-site cultivation of
plants or plant materials or any on-site; retail
sales.
2. Health care service: A business providing
the diagnosis, treatment and care of
physical and/or mental disease, injury
and/or disability, but not including a
hospital facility or a nursing home as
defined in DCC 18.04.
3. Beauty Shop: A full service beauty salon
which would include haircuts, permanents,
washes, nails, etc., and the retail sales of
incidental beauty supplies typical of any
beauty salon.
PAGE 2 OF 5 - EXHIBIT "A" TO ORDINANCE 2007-007 (01/22/2007)
EXHIBIT "A"
4. Mini-storage units: Self service mini-
storage units of various sizes from 5' x 10'
up to 12' x 24'.
5. Video store: The sale and rental of
videotapes, compact disc movies and audio
books.
6. Laundry and dry cleaners: Dry cleaners,
shirt laundry and laundromat with self-
service washers and dryers along with the
sale of detergents, bleaches, etc.
7. Post office: United States Postal Service
office including mail pick-up and
distribution.
8. Party supply: The sale and rental of party
supplies such as balloons, streamers,
costumes, dishes, linens and silverware.
9. Equipment sales and rental: The rental of
construction, home repair and maintenance
equipment such as ladders, mowers, saws,
gardening supplies, etc., and the sales of
related equipment.
10. Appliance store: The sale and service of
household appliances such as televisions,
ranges, refrigerators, etc.
11. Bank: Full service consumer bank for
checking, savings, loans, safety deposit
boxes, etc.
12. Exterminator: Exterminator of insects and
other pests such as rodents, spiders, etc.
13. Private mailing and packaging store:
Private mail boxes and packaging services,
which would include the holding and
distribution of mail, packing, mailing
supplies, FEDEX and UPS pick-up, and
FAX and copy machine availability.
14. Bakery: The manufacture and sale of
bread, donuts and pastries.
15. Pet and livestock supplies: The sale of pet
supplies such as dog and cat food, collars,
grooming needs, shelters and some large
animal supplies such as hay, feeds and
grains.
(Ord. 2006-008 § 7, 2006; Ord. 2002-019 § 2, 2002;
Ord. 97-015 § 1, 1997; Ord. 96-046 § 1, 1996; Ord.
96-023 § 1, 1996)
Section 18.74.027. Uses allowed in Pine Forest
and Rosland Rural Commercial Zones.
A. Uses Permitted Outright. Any use listed as a
use permitted outright by DCC 18.74.020(A).
B. Uses Permitted subject to Site Plan Review.
The following uses and their accessory uses are
permitted subject to the applicable provisions of
this chapter and DCC 18.116 and 18.124:
1. A building or buildings each not exceeding
2,500 square feet of floor space to be used
by any combination of the following uses
that serve the surrounding rural area or the
travel needs of persons passing through the
area:
a. Eating and drinking establishments.
b. Retail store, office and service
establishments.
2. Expansion of a nonconforming use existing
as of 11/05/2002 shall be limited to 2,500
square feet or 25 percent of the size of the
building (or portion of the building)
housing the nonconforming use as of said
date, whichever is greater.
3. A building or buildings each not exceeding
3,500 square feet of floor space to be used
by any combination of the following uses:
a. Sales of agricultural or farm products.
b. Farm machinery sales and repair.
c. Kennel or veterinary clinic.
d. Automobile service station, repair
garage, towing service, fuel storage and
fuel sales.
e. Public or semi-public use.
f. Residential use in the same building as
a use permitted in this chapter.
g. Park or playground.
4. Expansion of a nonconforming use existing
as of 11/05/2002 shall be limited to 3,500
square feet each or 25 percent of the size of
the building (or portion of the building)
housing the nonconforming use as of said
date, whichever is greater.
C. Conditional Uses. The following uses and their
accessory uses are permitted subject to the
applicable provisions of this chapter and DCC
18.116, 18.124 and 18.128:
1. A building or buildings each not exceeding
3,500 square feet of floor space to be used
by any of the following uses:
PAGE 3 OF 5 - EXHIBIT "A" TO ORDINANCE 2007-007 (01/22/2007)
EXHIBIT "A"
a. Home occupation as defined in DCC
18.04.
b. Utility facility.
c. Wireless telecommunications facilities,
except those facilities meeting the
requirements of DCC 18.116.250(A) or
(B)•
d. Child care center.
e. Church.
f. School.
2. Recreational vehicle park.
(Ord. 2003-080, § 1, 2003)
18.74.030. Development standards.
A. Yard Standards.
1. Front Yard. The front yard shall be 20 feet
for a property fronting on a local road 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 10 feet, except a lot or parcel with a side
yard adjacent to land zoned exclusive farm
use or forest use shall have a minimum side
yard of 50 feet.
3. Rear Yard. The minimum rear yard shall be
20 feet, except a lot or parcel with a rear
yard adjacent to land zoned exclusive farm
use or forest use shall have a minimum side
yard of 50 feet.
B. Existing Residential and Commercial Lots.
On-site sewage disposal. For existing lots or
parcels, an applicant shall demonstrate that the
lot or parcel can meet DEQ on-site sewage
disposal rules prior to approval of a site plan or
conditional use permit.
C. New Lot Requirements
1. Residential Uses.
a. The minimum lot size is one (1) acre.
b. On-site sewage disposal. For new lots
or parcels, an applicant shall
demonstrate that the lot or parcel can
meet DEQ on-site sewage disposal
rules prior to final approval of a
subdivision or partition.
c. Lot coverage for a dwelling and
accessory buildings used primarily for
residential purposes shall not exceed
twenty-five (25) percent of the total lot
area. Lot coverage for buildings used
primarily for commercial purposes shall
be determined by spatial requirements
for sewage disposal, landscaping,
parking, yard setbacks and any other
elements under site plan review.
2. Commercial and Public Uses.
a. The minimum lot size for a commercial
use served by an on-site septic system
and individual well or community
water system shall be the size necessary
to accommodate the use.
b. Each lot shall have a minimum width of
150 feet.
c. On-site sewage disposal. For new lots
or parcels, an applicant shall
demonstrate that the lot or parcel can
meet DEQ on-site sewage disposal
rules prior to final approval of a
subdivision or partition.
D. Solar Setback. The setback from the north lot
line shall meet the solar setback requirements in
DCC 18.116.180.
E. 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.
F. 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.
G. Building Height. No building or structure shall
be erected or enlarged to exceed thirty (30) feet
in height, except as allowed under DCC
18.120.040.
H. Off-Street Parking and Loading. Off-street
parking and loading shall be provided subject to
the provisions of DCC 18.116, Supplementary
Provisions.
I. Outdoor Lighting. All outdoor lighting on site
shall be installed in conformance with DCC
15. 10, Outdoor Lighting Control.
PAGE 4 OF 5 - EXHIBIT "A" TO ORDINANCE 2007-007 (01/22/2007)
EXHIBIT "A"
J. Signs. All signs shall be constructed in
accordance with DCC 15.08, Signs.
(Ord. 2006-008 § 7, 2006; Ord. 2003-080§ 1, 2003,
Ord. 2002-019 § 2, 2002)
18.74.050. Maps.
(Ord. 2002-019 § 2, 2002)
(Ord. 2003-080 § 1, 2003)
(Ord. 2007-0067 § 1, 2007)
PAGE 5 OF 5 - EXHIBIT "A" TO ORDINANCE 2007-007 (01/22/2007)
EXHIBIT "B"
The subject property is located at the southwest corner of the intersection of Burgess
Road, Day Road and Pine Forest Drive in La Pine. It is further identified as Tax Lots 100
and 200 on Deschutes County Assessor's Map 22-10-04A, Lot Ten (10) of
WOODLAND PARK HOMESITES, Deschutes County, Oregon; Lot 9, WOODLAND
PARK HOMESITES, Deschutes County, Oregon. The subject property has assigned
addresses of 52381 Pine Forest Drive (Tax Lot 100) and 15981 Burgess Road (Tax Lot
200), La Pine.
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BURGESS RD
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Residential
,(RR70) to
Rural
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ELDERBERRY LN
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Legend
Proposed Zone Change Boundary
County Zoning
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PROPOSED ZONING MAP BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Pine Forest Rural Commercial Zoning Map
Exhibit T"
to Ordinance 2007-007
V V
0 125 250
Feet
February 01, 2007
Michael M. Daly, Chair
Dennis R. Luke, Vice Chair
Tammy Baney, Commissioner
ATTEST: Recording Secretary
Dated this day of February, 2007
Effective Date: May 2007