2009-1163-Ordinance No. 2009-008 Recorded 4/23/2009REVIEWED DESCHUTES COUNTY OFFICIAL RECORDS LJ 2009.1163
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS* JOURNAL
04/23/1009 12.18;58 PM
LEGAL COUNSEL
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18 the Deschutes County Zoning Map, and
Adding DCC 18.100.090, to Change the Zone
Designation for Certain Property From a Limited Use
Combining Zone (LU) to a New Limited Use
Combining Zone (LU) and Declaring an Emergency.
* ORDINANCE NO. 2009-008
*
WHEREAS, 4-R Equipment, LLC applied for a Deschutes County Code ("DCC") text addition and a
zone change to the DCC Title 18, Deschutes County Zoning Map, to rezone certain property from a Limited Use
Combining Zone (LU) to a new Limited Use Combining Zone (LU) to expand the types of minerals that can be
stored, crushed, processed, sold and distributed on certain property within the limited use combining zone in
Deschutes Junction; and
WHEREAS, after notice was give in accordance with applicable law, a public hearing was held on
January 6, 2009 before the Deschutes County Hearings Officer and, on February 10, 2009 the Hearings Officer
recommended approval of the zone change; and
WHEREAS, after, notice was give in accordance with applicable law, a public hearing was held on
March 16, 2009 before the Board of County Commissioners ("Board"); and
WHEREAS, on this same date, the Board adopted Ordinance 2009-007, adopting a goal exception to
Statewide Planning Goals 3 and 14 and a Comprehensive Plan amendment; and
WHEREAS, the Board approved the zoning text amendment and map changes that implement the
newly adopted plan amendment the comprehensive plan ; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. ADDING. DCC Section 18.100.090, Limited Use Combining Zone - Deschutes Junction is
added. as described in Exhibit "A", attached and incorporated by reference herein.
Section 2. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the Limited Use
Combining Zone (LU) designation to a new Limited Use Combining Zone (LU) with the same title for that
certain property described in Exhibit "C" and depicted on the map set forth as Exhibit "D", attached to
Ordinance 2009-007 and incorporated by reference herein.
Section 3. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit "E",
attached to Ordinance 2009-007 and incorporated by reference herein.
PAGE 1 OF 2 - ORDINANCE NO. 2009-008 (APRIL 20, 2009)
Section 4. EMERGENCY. This Ordinance being necessary for the public peace, health and safety,
an emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this ;;Lo of y' t
L, 2009 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, O GON
TAMMY B , CHAIR
DENNIS R. LUKE, VICE CHAIR
ATTEST:
(.~~,rt
1 k?
Recording Secreta ALAN UNGER, COMMISSIONER
Date of 1 st Reading: 2- day of Pro r t '2009.
Date of 2"d Reading: OAay of 4 r E, , 2009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Dennis R. Luke yC
Alan Unger
Effective date: day of r~ I , 2009.
ATTEST:
Q- jka~~~
Recording Secretary ,
PAGE 2 OF 2 - ORDINANCE NO. 2009-008 (APRIL 20, 2009)
Chapter 18.100. RURAL INDUSTRIAL ZONE - R-I
18.100.010.
Uses Permitted Outright.
18.100.020.
Conditional Uses.
18.100.030.
Use Limitations.
18.100.040.
Dimensional Standards.
18.100.050.
Off-street Parking and Loading.
18.100.060.
Site Design.
18.100.070.
Additional Requirements.
18.100.080.
Solar Setback.
18.100.010. Uses Permitted Outright.
In an R-I Zone, the following uses and their accessory uses are permitted outright except as limited by DCC
18.100.040, and unless located within 600 feet from a residential dwelling, a lot within a platted subdivision
or a residential zone.
A. Farming or forest use.
B. Primary processing, packaging, treatment, bulk storage and distribution of the following products:
1. Agricultural products, including foodstuffs, animal and fish products, and animal feeds.
2. Ornamental horticultural products and nurseries.
3. Softwood and hardwood products excluding pulp and paper manufacturing.
4. Sand, gravel, clay and other mineral products.
C. Residence for caretaker or night watchman on property.
D. Freight Depot, including the loading, unloading, storage and distribution of goods and materials by
railcar or truck.
E. Contractor's or building materials business and other construction-related business including plumbing,
electrical, roof, siding, etc., provided such use is wholly enclosed within a building or no outside storage
is permitted unless enclosed by sight-obscuring fencing.
F. Ice or cold storage plant.
G. Wholesale distribution outlet including warehousing, but excluding open outside storage.
H. Welding, sheet metal or machine shop provided such is wholly enclosed within a building or all outside
storage is enclosed by sight-obscuring fencing.
I. Kennel or a Veterinary clinic.
J. Lumber manufacturing and wood processing except pulp and paper manufacturing.
K. Class I and H road or street project subject to approval as part of a land partition, subdivision or subject
to the standards and criteria established by DCC 18.116.230.
L. Class III road or street project.
M. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
(Ord. 2002-126, §1, 2002; Ord. 2001-039 §12, 2001; Ord. 2001-016 §2, 2001; Ord. 93-043 §16, 1993; Ord.
91-038 §1, 1991)
18.100.020. Conditional Uses.
The following uses may be allowed subject to DCC 18.128:
A. Any use permitted by DCC 18.100.010, which is located within 600 feet of a residential dwelling, a lot
within a platted subdivision or a residential zone.
B. Any use permitted by DCC 18.100.010, which involves open storage.
C. Concrete or ready-mix plant.
Chapter 18.100 1 (094/20049)
Page 1 of 4 - EXHIBIT "A" TO ORDINANCE 2009-008 (04/20/09)
D. Petroleum products storage and distribution.
E. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic
concrete or Portland Cement Concrete.
F. Commercial feedlot, stockyard, sales yard, slaughterhouse and rendering plant.
G. Railroad trackage and related facilities.
H. Pulp and paper manufacturing.
1. Any use permitted by DCC 18.100.020010, which is expected to exceed the following standards:
1. Lot coverage in excess of 70 percent.
2. Generation of any odor, dust, fumes, glare, flashing lights or noise that is perceptible without
instruments 500 feet from the property line of the subject use.
J. Manufacture, repair or storage of articles manufactured from bone, cellophane, cloth, cork, feathers,
felt, fiber, glass, stone, paper, plastic, precious or semiprecious stones or metal, wax, wire, wood,
rubber, yarn or similar materials, provided such uses do not create a disturbance because of odor, noise,
dust, smoke, gas, traffic or other factors.
K. Processing, packaging and storage of food and beverages including those requiring distillation and
fermentation.
L. Public Landfill Transfer Station, including recycling and other related activities.
M. Mini-storage facility.
N. Automotive wrecking yard totally enclosed by a sight-obscuring fence.
0. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
P. Utility facility.
Q. Manufacturing, storage, sales, rental, repair and servicing of equipment and materials associated with
farm and forest uses, logging, road maintenance, mineral extraction, construction or similar rural
activities.
R. Electrical substations.
(Ord. 2004-013, §10, 2004; Ord. 2002-126, §1, 2002; Ord. 2001-039 §12, 2001; Ord. 2001-016 §2, 2001;
Ord. 97-063 §3, 1997; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-014 §38, 1990; Ord. 86-018
§15, 1986)
18.100.030. Use Limitations.
In an R-I Zone, the following limitations and standards shall apply to all permitted and conditional uses:
A. Properties subject to a limited use combining zone shall be limited to those uses and conditions
specified in the limited use combining zone.
B. No use expected to generate more than 30 truck-trailer or other heavy equipment trips per day to and
from the subject property shall be permitted to locate on a lot adjacent to or across a street from a
residential dwelling, a lot in a platted subdivision or a residential zone.
C. No use shall be permitted that generates more than 20 auto or truck trips during the busiest hour of the
day to and from the premises unless served directly by an arterial or collector or other improved street
or road designed to serve the industrial use which does not pass through or adjacent to residential lots in
a platted subdivision or a residential zone.
D. Any use on a lot adjacent to or across the street from a residential dwelling, a lot in a platted subdivision
or a residential zone shall not emit odor, dust, fumes, glare, flashing lights, noise, or similar
disturbances perceptible without instruments more than 200 feet in the direction of the affected
residential use or lot.
E. All parking demand created by any use permitted by DCC 18.100.020 010 or 030 020 shall be
accommodated on the applicant's premises entirely off-street.
F. No use permitted by DCC 18.100.020 010 or 030 020 shall require the backing of traffic onto a public
or private street or road right of way.
Chapter 18.100 2 (094/20049)
Page 2 of 4 - EXHIBIT "A" TO ORDINANCE 2009-008 (04/20/09)
G. There shall be only one ingress and one egress from properties accommodating uses permitted by DCC
18.100.020 010 or 030 020 per each 300 feet or fraction thereof of street frontage. If necessary to meet
this requirement, permitted uses shall provide for shared ingress and egress.
H. All uses permitted by DCC 18.100.020 or 030 shall be screened from adjoining residential uses by a
sight-obscuring fence.
1. No use shall be permitted to operate for business between the hours of 11:00 p.m. and 7:00 a.m. if
located adjacent to or across the street from a residential dwelling, a lot in a platted subdivision or a
residential zone except as is consistent with DCC 8.08.
J. No use shall be permitted which has been declared a nuisance by state statute, County ordinance or a
court of competent jurisdiction. No use requiring contaminant discharge permits shall be approved by
the Planning Director or Hearings Body prior to review by the applicable state or federal
permit-reviewing authority, nor shall such uses be permitted adjacent to or across a street from a
residential use or lot.
K. Residential and industrial uses shall be served by DEQ approved on-site sewage disposal systems.
L. Residential and industrial uses shall be served by on-site wells or public water systems.
(Ord. 2009 898-§2;-Ord. 2004-013, § 10, 2004; Ord. 2002-126, § 1, 2002; Ord. 91-020 § 1, 1991)
18.100.040. Dimensional Standards.
In an R-I Zone, the following dimensional standards shall apply:
A. The minimum lot size shall be determined subject to the provisions of DCC 18.100.050.
B. No conditional use permitted by DCC 18.100.030 that is located within 600 feet of a residential use, lot
in a platted subdivision or a residential zone shall exceed 70 percent lot coverage by all buildings,
storage areas or facilities and required off-street parking and loading area.
C. The minimum setback between a structure and a street or road shall be 50 feet.
D. The minimum setback between a structure and a property line adjoining a residential lot or use shall be
50 feet.
E. The minimum rear or side yard setback shall be 25 feet unless a greater setback is required by DCC
18.100.050 C or D.
F. The maximum building height for any structure shall be 30 feet on any lot adjacent to or across a street
from a residential use or lot and 45 feet on any other lot.
G. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or
structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
H. Maximum industrial use floor area.
1. The maximum size of a building is 7,500 square feet of floor space. The maximum square footage
in a building or buildings for a single allowable use, as defined in DCC 18.100.020 and 18.100.030,
on an individual lot or parcel shall not exceed 7,500 square feet. There is no building size limit for
uses that are for the primary processing of raw materials produced in rural areas.
2. A lawfully established use that existed on or before 02/25/03 may be expanded to occupy a
maximum of 10,000 square feet of floor area or an additional 25 percent of the floor area currently
occupied by the existing use which ever is greater.
(Ord. 2002-126, §1, 2002; Ord. 95-075 §1, 1995; Ord. 94-008 §26, 1994; Ord. 91-020 §l, 1991)
18.100.050. Off-street Parking and Loading.
Off-street parking and loading shall be provided subject to the provisions of DCC 18.100.070 and DCC
18.116.
(Ord. 91-020 § 1, 1991)
Chapter 18.100 3 (094/20049)
Page 3 of 4 - EXHIBIT "A" TO ORDINANCE 2009-008 (04/20/09)
18.100.060. Site Design.
All uses except farm, forest and residential uses are subject to the provisions of DCC 18.124, Site Plan
Review.
(Ord. 2002-126, §1, 2002; Ord. 91-020 §1, 1991)
18.100.70. Additional Requirements.
As a condition of approval of any use proposed within an R-I Zone, the Planning Director or Hearings Body
may require:
A. An increase in required setbacks.
B. Additional off-street parking and loading facilities.
C. Limitations on signs or lighting, hours of operation, and points of ingress and egress.
D. Additional landscaping, screening and other improvements.
(Ord. 91-020 § 1, 1991)
18.100.080. Solar Setback.
The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180.
(Ord. 91-020 §1, 1991; Ord. 83-037 §20,1983)
18.100.090. Limited Use Combining Zone Desebutes Junetio
A. Uses Pemiitted Outright On property identified on the map in Subseetion B, at Desehutes Ametion, the
f fellewin o. a 'd o t+ a
i9es are 1. The °_efushin prpsessing, sale and di..t fib do of mine fa °
A Exhibit n Ora 2009 004
(Ora P009 nn4
18.100.090. Limited Use Combining Zone - Deschutes Junction
For the property at Deschutes Junction that is described in Exhibit "C" and identified on Exhibit "D"
attached to Ordinance 2009-007 and incorporated by reference herein the storage crushing, processing, sale
and distribution of minerals and their accessory uses are permitted outright and do not require site plan
review.
(Ord. 2009-008 62)
(Zoning Map amended by Ord. 2009-008 62: Ord. 95-016 § 1, 1995; Ord. 94-011 § 1, 1994)
Chapter 18.100 4 (094/20049)
Page 4 of 4 - EXHIBIT "A" TO ORDINANCE 2009-008 (04/20/09)