32-503-Ordinance No. PL-17 Recorded 10/3/1979vaa 32 FACE 533
ORDINANCE N O . P L - 17
S I S T E R S U R B A N G R O W T H B O U N D A R Y
Z O N I N G O R D I N A N C E
C I T Y O F SISTERS
AND
D E S C H U T E S COUNTY, O R E G O N
r VOL 32 FAGE 554
TABLE OF CONTENTS
SECTION TITLE PAGE
Section 1 Title 1
Section 2 Purpose 1
Section 3 Compliance with Ordinance Provisisions 1
Section 4 Definitions 2
Section 5 Classifications of Zoning Districts 12
Section 6 Application of Regulations to Zones Generally . . 13
Section 7 Zoning Map 13
Section 8 Interpretation of Zoning Boundaries 14
Section 9 Zoning of Annexed Areas 14
Section 10 Urban Standard Residential District - RS 14
Section 11 Urban High Density District - RH 16
Section 12 General Commercial District - CG 18
Section 13 Highway Commercial Zone - CH Zone 22
Section 14 Commercial- Industrial Combining Zone - CI 24
Section 15 Light Industrial Zone - IL Zone 26
Section 16 Flood Plain Zone - FP Zone 27
Section 17 Landscape Management Zone - LM Zone 28
r
Section 18 Urban Area Reserve Zone - UAR 10 29
Section 19 Non -Conforming Uses 32
Section 20 Conditional Use Permits 30
Section 21 Variances 35
Section 22 Revocation of Permits or Variances 37
Section 23 Amendments 38
Section 24 Appeals 39
Section 25 Procedures 39
Section 26 Enforcement and Penalties 40
VOL 32 FALL 505
TABLE OF CONTENTS - CONTINUED
SEICTION TITLE PAGE
Section 27 Severability and Validity 41
Section 28 Provisions Applying to Special Uses 42
Section 29 Site Plan Approval 47
Section 30 Planned Unit Development Approval 50
Section 31 Design Development Minimum Standards 53
Section 32 Off- Street Parking and Loading 69
Section 33 Landscape Requirements 77
Section 34 Drainage of Impervious Surfaces . 78
Section 35 Remedies 78
Section 36 Emergency Clause 79
vai 32 FACE 536
SISTERS URBAN AREA ZONING ORDINANCE
AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE AREA
ENCOMPASSED BY THE SISTERS URBAN GROWTH BOUNDARY
Section 1. Title. This ordinance shall be known as the "zoning
ordinance" of the Sisters Urban Area, Oregon, defined as all areas ,
within the Sisters Urban Growth Boundary.
Section 2. Purpose.
(1) This ordinance has been designed to be consistent with the
goals, policies, programs, elements, and statements of intent of
the Sisters Urban Area Comprehensive Plan, the officially adopted
comprehensive plan for the City of Sisters and its surrounding
urbanizing area. The general purpose of this ordinance is to
provide for one principal means for implemntation of the Sisters
Urban Area Comprehensive Plan.
(2) This ordinance is designed to classify, designated and reg-
ulate the use of land within the Sisters Urban Area Growth Bound-
ary. To achieve this purpose, this ordinance divides the Sisters
Urban Area into appropriate zoning districts as set forth in the
policies and elements of the Sisters Urban Area Comprehensive Plan.
(3) The further purpose of this ordinance policies and elements
of the. Sisters Area Comprhensive Plan, is to encourage the most
appropriate use of land; to conserve and preserve natural resources
and the quality that is unique to Sisters, including open space for
light, air, fire prevention, and for sanitary purposed; to prevent
undue or uncharacteristic concentrations of population; to lessen
congestion of streets; to facilitate adequate provisions for com-
unity utilities such as transportation, water, sewage, schools,
parks other public requirements, to promote the public health,
safety, general welfare and to protect and enhance the visual
quality of the Sisters Area.
Section 3. Compliance with Ordinance Provisions. Except as
provided in this ordinance, no building or structure shall be con-
structed, improved, altered, enlarged or moved, nor shall any use
of land or occupancy of premises within the Sisters Urban Area be
commenced or changed, nor shall condition of or upon real property
be caused or maintained, after the effective date of this ordinance,
except in conformity with conditions prescribed for each of the sev-
eral zones established hereunder. It shall be unlawful for any
person, firm or corporation to erect, construct, establish, move
into, alter, enlarge, or use, or cause to be used, any building,
structure, improvement or use of premises located in any zone un-
less it conforms to this ordinance.
VOL 32 FAGS 547
Section 4. Definitions. As used in this Ordinance, words in the present
tense include the future; the singular number includes the plural and
plural number includes the singular; unless the context clearly indicates
the contrary the word "shall" is mandatory and not discretionary; the word
"may" is permissive; the masculine gender includes the femine and neuter;
and the term "this Ordinance" shall be deemed to include the text of this
Ordinance and accompanying ..zorii'na_ - ps',arid='.i1i ., ._4A4 _11 4Ft @E -ai609
thereto. As used in this Ordinance, unless the context requires otherwise,
the following words and phrases shall mean:
(1) Abutting Adjoining with a common boundary line, except that where two
or more lots adjoin only at a corner or corners, they shall not be
considered as abutting unless the common property line between the two
parcels measures not less than 8 feet in a single direction.
(2) Acess or Access Way. The place, means, or way by which pedestrians and
vehicles shall have safe, adequate and usable ingress and egress to a
property or use as re "y= rad'itfyl.::E: is;? ir:d .aance.
(3) Acessory Structure or Use. A structure or use incidental, appropriate
and subordinate to the main structure or use on the same lat.
(4) Adjacent. Near, close; for example, andlndustrial District across the
street or highway from a Residential District shall be considered as
'''.Adjacent."
(5) Adjoin. See "Abutting ":
(6) Advertising Structure. Any notice or advertisement, pictorial or
otherwise, and any structure used as, or for the support of, any such
notice or advertisement, for the purpose of making anything known about
goods, services, or activities not on the same lot as the said ad-
vertising structure.
(7) Alley. A public way not more than 20 feet wide affording only secondary
means of access to abutting property..
(8) Altered. See "Structural Alteration ".
(9) Animal Hospital. A place where animals or pets are given medical or
surgical treatment and are cared for during the time of such treatment.
Use as a kennel shall be limited to short -time boarding and shall be
only incidental to such hospital use.
(10) Apartment. A dwelling unit is a multiple- family building.
(11) Applicant. A person applying for a permit, rezoning or non -
legislative comprehensive plan change.
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vol 32 PAGE 508
(12) Applications for Land Use Permit. A written application requesting a
change in zoning, conditional and nonconforming uses, variances, sub-
divisions and matters relating to the comprehensive plan and amendments
to the plan. Also included are partib, building permits, and sub-
surface sewage permits.
(13) Assessor. The County Assessor of Deschutes County.
(14) Automible, Boat or Trailer Sales Lot. An open lot used for display,
sale or rent.& of new or used motor vehicles, boats or trailers in
operative condition and where no repair work is done.
(15) Automobile Repair, Malor. The general repair, rebuilding or recon-
ditioning of engines, motor vehicles or trailers; collision service
including body, frame or fender straightening or repairs; overall
painting or paint shop.
(16) Automobile Repair. Minor. Upholstering of, replacement of parts for,
and motor service to passenger cars and trucks not exceeding one and
one -half tons capacity, but not including any operation named under
"Automobile Repair, Major ", or any other similar operation thereto.
(17) Automobile Service Station or Filling Station. An establishment
where fuels, oils or accessories for motors vehicles are dispensed, sold
or offered for sale at retail only, and where repair service is secondary.
(18) Automobile Towing. An establishment where emergency towing equipment
is kept along with incidental, temporary and minor storage of vehicles
and emergency repairs.
. (19) Automobile Wrecking. The 4i,4mantling or disassembling of motor
vehicles or trailers, or the storage, sale or dumping of dismantled,
partially dismantled, obsolete or wrecked vehicles, or their parts.
Two or more dismantled, obsolete or inoperable motor vehicles or parts
thereof on one lot shall constituteoa-•wretking-yard.
(20) Basement. A space wholly or partly underground, and having more than
one -half of its height, measured from its floor to its ceiling, below
the average adjoining finished grade.
(21) Billboard. See "Advertising Structure ",;
(22) Boarding or Lodging7Houee A dwelling or part thereof, other than a
hotel or motel or multiple - family dwelling, where lodging with or
without meals is provided, for compensation, for thr 'e -or torn: persons,
(23) Boat Yard. A place where boats are constructed, dismantled, stored,
serviced or repaired, including maintenance work thereon.
voi 32 MC/ 509
(24) Building. Any structure built and maintained for support, shelter
or enclosure of persons, animals, chattels or property of any kind.
(25) Building, Height. The vertical distance from the average contact
ground level of the building to the highest point of the building.
(26) Building Line. A line parallel to the front "iot - line - =acid- passing
through the most forward point or plane of a building.
(27) Building Lot. A lot occupied or intended to be occupied by a principal
building or a group of such buildings and accessory building, together
with such open spaces as are required§ by this Ordinance, and having
the required frontage on a street.
(28) Building, Main. A building within which is conducted the principal
use permitted on the lot, as provided in this Ordinance.
(29) Building Offical. The Building Official of Deschutes County, Oregon.
(30) Car Wash. A lot on which motor vehicles are washed or waxed either
by the patron or others, using machinery especially designed for the
purpose.
(31) Church. A permanently located building commonly used for religious
worship, fully enclosed with walls, (including windows and doors),
and having a roof (canvas or fabric excluded) and conforming to ap-
plicable legal requirements affecting design and construction.
(32) City. The City of Sisters, Oregon.
(33) Clinic. A place for group medical services not involving overnight
housing of patients.
(34) Club. An association of persons (whether or not incorporated),
religious or otherwise, for a common purpose, but not including groups
which are organized primarily to render a service carried on as a business
-for profit.
(35) Community Building. A building used for and operated by a nonprofit
organization whose membership is open to any resident of the district,'
neighborhood or community in which the club is located; provided that
the primary objectives of the organization are the improvement of the
district, neighborhood or community and its social welfare and recreation.
(36) Community Storage Area. A facility established in accordance with
City standards, designed to provide for the temporary or permanent
storage of boats, campers, trailers and similar recreational vehicles
or equipment, and serving two or more unrelated persons.
VOL 32 PAGE 510
(371 Comprehensive Plan. The legislatively sdopted Sisters Area
General Plan.
(38) Condominium. The ownership of single units in a multi -unit
structure with common areas and facilities.
(39) Contested Case. Proceedings in which the legal rights, duties
or privilages of specific parties under the City of Sisters
Zoning Ordinance. Subdivision Ordinance or other similar
ordinances regulating land use are required to be determined
only after a hearing at which specific parties are entitled
to appear and be heard.
(40) Council. The Sisters City Council
(41) County. Deschutes County, Oregon.
(42) County Commission. The Deschutes County Board of Commissioners.
(43) Coutt. An open, unoccupied space, other than a yard, on the same
lot with a building or group of buildings.
(44) Density. The number of residential dwelling units in a residental
development, including, but not limited to, one house on one lot,
shall be computed as follows: the gross area of land within the
development, less the total aggregateuarea dedicated for streets,
schools or other public facilities, but not including public or
private parka and recreation facilities dedicated or created as
an integral part of the development; divided by the total number
of dwelling units in the proposed development; equals the density.
sha11_run with the land in a specific development and cannot be sold
loaned or otherwise devorced or separted from the specific deve-
lopment under consideration.
(45) District. A portion oftthe Sisters Urban Area which certain uniform
regulations of this Ordinance.
(A) Where certain uses are required to be a specified distance
from any R Distric, as provided in this Ordinance, the
term " any R District" Shall include any RS or RH District.
(B) The term "any I District" shall include anylil District.
(46) Dwelling. A building or portion ther of designed or used as the
residence or sleeping place of one or more persons.
VOL 32 FACE 51.1
(a) Dwelling, Single- Family. A building designed or used for residence
purposes by not more than one family and containing one dwelling
unit only, except for mobi`l'efah esaa&dt a+ dheisga;eo
excluding such temporary structure as tents, teepees, travel
trailers and other similar uses.
(b) Dwelling, Two- Family or Duplex. A building designed or used for
residence purposes by not more than two families and containing
two dwelling units.
(c) Dwell.tig, Multiple-Family.. A building or portion thereof designed
used as a residence by three or more families and containing
three or more dwelling units.
(47) Dwelling Unit. One room, or a suite of two or more rooms, designed
for and used by one family or housekeeping unit for living and sleeping
purposes, and having not more than one kitchen or kitchenette.
(48) Family. An individual, or two or more persons related by blood, marriage,
adoption, or gaurdianship, living together in a dwelling unit in which
board and lodging may also be provided for not more than two additional
persons, excluding servants; or a gourp of not more than five persons
who need not be related by blood, marriage, adoption or gaurdianship
living together in a dwelling unit.
(49) Farming. The use of land for raising and harvesting crops or for
feeding, breeding and managing livestock or for dairying or for any other
agricultural or horticultural use, . or for any combination thereof,
excluding feedlots. It includes the disposal, by marketing or otherwise,
of products raised on the premises.
(50) Fence, Sight Obscuring. A fence or evergreen pIanit aggaartatpgdd'itnsaubh
a way as to obstruct vision.
(51) Floor area. Th'e area included in surrounding walls of a building or
portion thereof, exclusive of vent shafts and courts.
(52) Frontage. That portion of a parcel of property which abuts a dedicated
public street or highway or an approved private way.
(53) Garage, Private. An 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.
(54) Garage, Public. A building other than a private garage used for the
care and repair of motor vehicles or where such vehicles are parked or
stored for compensation, hire or sale.
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VOL 32 £AC€ 512
(55) Guest House. An accessory building used for the purpose of providing
temporary living accomodations for guests, or for members of the same
family as that occuping the main structure, and containing no kitchen
or kitchenette facilities.
(56) Hearing, Initt4l. An init ll hearing is a quasi - judicial hearing
authorized and conducted by the Hearings Officer ot'Planning Commission
to determine if a change or permit shall be granted or denied.
(57) Hearings Officer. A planning and zoning Hearings Officer appointed or
designated by the County Commission pursant to ORS 227.165 or, in the
absence of such appointed Hearings Officer, the Planning Commission. -O rti'
city' Cotittell
(58) Home Occupation. A use conducted entirely within a dwelling, which
use is clearly incidental and secondary to the use of the dwellinf
for dwelling purposes and which complies with the conditions E t a s
o rdananua=.
(59) Hospital. Any institution, place, building or agency which maintains
and operates organized facilities for 20 or more persons for the diagnosis,
care and treatment of human illness, including convalescence and care
during and after pregnancy, or which maintains and operates orgainzed
facilities for any such purpose, and to which person may be admitted
for overnight stay or for a longer period.
(60) Hotel. A building or portion therof with more than five sleeping rooms
designed or used for occupancy of individuals who are lodged with or
without meals, and in which no provision is made for cooking in any
individual room or suite.
(61) Human Resource Facility. A facility under the control of and financed
by a unit -of government or religious, philanthropic, charitable or
nonprofit organization and devoted to the housing, training, or care
of children, the aged, indigent, handicapped or underprivileged, in-
cluding places of detention or correction.
(62) Junk Yard. A place where waste, discarded or salvaged materials are
stored, bought, sold, exchanged, baled, packed, disassembled or handled,
including auto wrecking yards, house wrecking yards, used lumber yards .
and places or yards for storage of salvaged house wrecking and structural
steel materials and equipment; but not including such places where such
uses are conducted entirely within a completely enclosed building, and
not including pawn shops and establishments for the sale, purchase or
storage of used furniture and household equipment, used cars in operative
condition, or salvaged materials incidttialttommenfiactutingopperetions,
and recycling operations.
Vol 32 EASE 513
(63) Kennel. Any premises where -four_or::,mor.e =.:dogs, cats, or other small
animals or any combination thereof at least fourrannths of age, are
kept commerlially or permitted to remain for board, propagation, training
or sale, except veterinary clinics and animal hospitals.
(64) Land Use Action. Any action involving an application for a 1kMd use
permit.
(65)'" Landscaping. The term "landscaping }t includes primarily trees, grass,
bushes, shrubs, flowers and garden areas, and incidental agrangements
of - ountains, patios, decks, street furniture and ornamental concrete
or stonework areas and artificial turf or carpeting, but excludes
artificial plants, bushes,'shrubs or flowers. It also '. includes open
space and density and design requirements.
(66) Livestock. Domestic animals of types customarily raise or kept on
farms for profit or other purposes.
(67) Lot. A parcel of land used or capable of being used under the regulations
of this Ordinance, lawfully created as such in accordance with the sub-
division laws or ordinaces in effect at the time of its creation.
(68) Lot Area. The computed area contained within the lot lines; said
area to be exclusive of street or alley rights of way.
(69) Lot, Corner. K.lot°8 i ritt rote ..es:terattssaattth er1ttttdcr-
section, or upon two parts of the same street, such streets or parts
of the same street forming an interior.angle of less than 135 degrees
within,, the lot line.
(70) Lot Coverage. That percentage of the total lot area covered by
structures as herein defined.
(71) Lot Depth. The horizontal distance between the front and the rear
lot lines. In the case of a corner lot the depthshall be the length
of the longest front lot line.
(72) Lot, Interior. A lot or parcel of land other than a corner lot.
(73) Lot Line. Any line bounding a lot as herein defined.
(74) Lot Line, Front. The property line
(75) Lot Line, Rear. A lot line not abutting a street which is opposite
and most distant from the front lot line. In the case of an ir-
regular or triangular- shaped lot, a lot line 10 feet in length within
the lot parallel to and at the maximum distance from the front lot line.
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VOL 32 FACE 514
(76) Lot Line, Side. Any lot line not a front lot line or a rear
lot line.
(77) Lot of Record. Alot held in separate ownership as shown on the
records of the County Recorder at the time of the passage of an
ordinance or regulation establishing the zoning district in which
the lot is located, legally created pursuant to law at that time.
(78) Lot, Through. An interior lot having a frontage on two street and/
or highways.
(79) Lot Width. The horizontal distance between the side lot lines
measured within the lot boundaries or the mean distance between
the side lot lines within the buildable area. In case of a corner
lot, lot width shall mean the mean horizontal distance between
the longedt front Jot line and the opposite lot line not abuttin
the street.
(80) MobileHHmme. Adetached single family dwelling unit with all of
the following characteristics,
(a) Designed for long term occupancy and containing sleeping
accomadations, flush toilet, a tub or showerbath and kitchen
facilities, with plubbing and wlectical connections provided
for attachment to outside systems.
(b) Designed to be transported after fabrication on its own wheels
or on flatbed or other trailers or detachable wheels.
(c) Arriving at the site where it is to occupied as a dwelling
complete, ready for occupancy except for minor and incidental
unpacking and assembly operations, location on foundations
supports, connection to utilities, and the like.
(d0 Does not coform to the Oregon State structural Code as
(d0 Does not conform to the Oregon State structural Code as
deffined in Ors 45.750 or standards for prefabrication
(Modulor) structures as defined in ORS 456.750 (6)
(81) Modular Homes (Prefabricted House). A sectional or factory built
house to which wheels may or may not be attached for the purpose
of moving it to a homesite where it is affixed to the real
property on a permanent foundation pursuant to the Uniform
structural Code.
(82) Motel. A building or group of buildings used for transient resid-
ential purposes containg guest room or dwelling units with auto-
mobile storage spce provided in connection therwith, which building
or group is designed, intended, or used primarily for the accom-
modation of transient automogile travelers; including groups
designated as auto cabins, motor courts, motor hotels and similar
designations.
(83) Noncoforming Use. A use of land or of a building or structure
which use any lawfully existed at the time of the adoption of
this Ordinance, or of any amendment ther to, but which use does
not conform with the use regulations imposed by this Ordinance
or such amendment thereto.
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VOL 32 Fak 515
(84) Open Space. The uses which exhibit an open character, or natural
resource, based use of land, including, but not limited to: Landscaped
areas, commercial forestry, natural areas, commercial agriculture
or large lot hobby farming consistent with the surrounding landscape,
or parks, golf courses, or other non - intensive recreational use with a
minimum of appurtenant structures.
(85) Owner. The owner of record of real property as shown on the tax
rolls of Deschtites County, or a person purchasing a piece of property
under contract. For the purposes of this Ordinance in terms of violations
and binding agreements between the County and the owner, the word owner
shall also mean a leaseholder, tenant or other person in possession
or control of the premises or property at the time of the agreement or
violation of agreement of the provisions of this Ordinance.
(86) Parking Area, Public. An open area, other than a street or other
public way, used for the parking of automobiles and available to the
public whether for a fee, free or as an accommodation for clients or
customers.
(87) Parking Space. A durable and dustless, permanently surfaced and marked
area, excluding paved area necessary for access, for the parking of
a motor vehicle.
(88) Party. Any person who has standing.
(89) Permit. Authority for or approval of a proposed use of land for which
approval is a matter of discretion and is required by a land use or-
dinance. The term includes, but is not limited to, permission given for
those changes set forth in Application for Land Use Permit and a special
exception, special design zone and other similar permits.
(90) Permittee. The person who is proposing to use or who is using the
land pursuant to any permit required herein.
(91) Person. An individual, firm,
association, syndicate, or any
acting for himself, herself or
or representative of another.
(92) Planning Commission.
(93) Planning Director.
his delegate.
partnership, corporation, company,
legal entity, whether he, she or it is
itself or as the servant, employee, agent
The Planning Commission of the City of Sisters, Oregon.
The Director of the City's Planning Department or
VOL 32 PAGE 516
(94) Recreational Facility, Private. A recreation facility under private
ownership and operated by a profit or nonprofit organization, open to
bona fide members, and providing one or more of the following types of
recreational activities: tennis, handball, golf, squash, volleyball,
racquetball, badminton and swimming or other similar types of uses.
(95) Riparian Zones. Those areas characterized by occasional, or consistent
water occupation. More precisely defined as being within the boundaries
of the 100 year floodplain of a stream, as designated by the U.S. Army
Corps of Engineers, or as being withine. the extremes of highest recorded
water marks, without Corps designation.
(96) Roadside Stand. A temporary structure, vehicle or area designed or
used for the display or sale of merchandise on the premises upon which
such a stand is located.
(97) Setback. The minimum allowable horizontal distance from a given
point or line of reference, such as a property line, to the nearest
vertical wall or other element of a building or structure as defined
herein.
(98) Sisters Urban Area. That area lying inside the adopted Sisters
Urban Growth Boundary.
(99) Street. A public thoroughfare or right of way dedicated, deeded or
lumdemnod Lo ulise`ascsuch, :ot erAhandanpal4y; wAiatuaffordac:0 -pc ,
principal means of access to abutting property including avenue, place,
way, drive, lane, boulevard, highway, road and any other thoroughfare.
(100) Structural Alteration. Any change in the supporting members of a
building, such as a bearing wall, column, beam,or girder, floor or
ceiling joist, roof rafters, roof diaphrams, foundations, piles, or
retaining walls or similar components.
(101) Structure. Anything constructed or builf, any edifice or building
of any kind, or any piece of work artificaally built up or composed
of parts joined togethhrrin some definite manner, which requires
location on the ground or is attached to something having a location on
the ground, including swimming and wading pools and covered patios,
excepting outdoor areas such as paved areas, driveways or walks.
(102) Trailer Park. A parcel of land upon which two or more trailers
occupied for dwelling or sleeping purposes are located, regardless of
whether a charge is made for such accomadations.
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VOL 32 ?AU 517
(103) Travel Trailer. A travel trailer means a "Camping Vehicle" as defined
by Oregon Revised Statutes which is either a vacation trailer or a self -
propelled vehicle or structure equipped with wheels for highway use and
which is intened for human occupancy and is being used for vacation
and recreational purposes, but not for residential purposes, and is
equipped with plumbing, sin or toilet.
(104) Use. The purpose for which land or a structure is designed, arranged,
or intended, or for which it is occupied or maintained.
(105) Visual Obstruction. Any fence, hedge, tree, shrub, device, wall or
structure exceeding 22 feet in height above the elevation of the top
of the curb, as determined by the Planning Directore.and so located at
a street intersection as to dangerously limit the visibility of persons
in motor vehicles on said street or alleys. This does not include
trees kept trimmed of branches to a minimum height of at least 8 feet.
(106) Yard. -110auejmaopen space dIOR a lot sai3Ch ig t ftom the
mil' rTgluira p+p dp'excepttSar Bathe' 7i @iOrov eti?; . 041,rz rienge.
(107) Yard, Front. An open space extending the full width of the lot
between a building and the front lot line, unoccupied and unobstructed
from the ground upward except as specified elsewhere in this Ordinance.
(108) Yard, Sids.ri: An open space extending. from the front yard to the rear
yard between a building and the nearest side lot line, unoccupied and
unobstructed from the grour4upward except as specified elsewhere in
this Ordinance.
ESTABLISHMENT OF ZONING DISTRICTS
Section 5. Classification of Zoning Districts. For the purposes of this
, ordinance, the- aeextss Urban Area is divided into zoning districts designated
as follows. These districts, in their spatial representations within the
Sisters Urban Growth Boundary, are based on the public need found and pro -
rammed for in the Sisters Urban Area Comprehensive Plan.
ZONING DISTRICT MAP SYMBOL
Residential -Urban Standard Density RS
Residential -Urban high Density RH
Commercial-Highway CH
Commercial- General CG
Commercail /Industrial Combining CI
Industrail -Light IL
Floodplain District FP
Landscape Management LM
Urban Area Reserve VAR
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vnt 32 PAS 5/8
Section 6. Application of Regulations to Districts Generally. Except as
hereinafter provided:
(1) No building or part thereof, or other structure shall be erected,
altered, or added to or enlarged, nor shall any land, building, structure,
or premises be used for any purpose or in any manner other than is included
among the uses hereinafter listed as permitted in the district in which
such building, land or premeises is located.
(2) No building or part thereof, or structure shall be erected, reconstructed
or structurally altered to exceed in height the limit hereinafter designated
for the district in which the building is located.
(3) No building or part thereof, or structure shall be erected, nor
shall any existing building be altered, enlarged, rebuilt, or moved into
any district, nor shall any open space be enernacheiuggianomr rreduedd'inaa ryyy
manner, except in conformity with the density requirements hereafter pre-
scribed for the district in which such building or open space is located.
Section 7. Zoning Map.
(1) The location and boundries of the zones designated in Seetion 5 are
hereby established as shown on the zoning map of the Sisters Urban Area,
dated with the effective date of this ordinance and signed by the City
Council and County Commission, hereinafter referred to as the zoning map.
(2) The signed copies of said zoning map is maintained on file in the
offices of the City, and County Recorders, and is hereby made a part of this
ordinance. Any revisions or TETAacements of said map, when duly entered,
signed and filed with the City and County Recorders, as authorized by E;.
subsection 3 of section 7, are a part of this ordinance.
(3) When the zoning of any area is changed by the County Commission and
City Council, it shall be done by ordinance amendment procedures. The
Planning Director shall cause the offical Plan /Zoning map to be revised
so that it reflects said changes, and, t i1 endorse on the map adjacent
to said revision, the number of the ordinance(s) by which the change of the
zone was effected, provided that failure to ievise said map shall not affect
the validity of any zone change. The County Commission and City Council may
direct the Planning Director to replace the offical Zoning map, or a portion
therof, with a map which includes all lawful changes of zone, angL City
boundaires, to date. Such a map or portion therof, filed as a replacement,
shall bear the number of the ordinance authorizing same, and shall bear dated,
authenticating signature thereby replaced, shall be retained in a separte
file by the City and County Recorders. Zone changes shall be in accord with the
designations of the Comprehensive Plan Map for the Sisters Urban Area.
13
vol. 32 FACE 519
Section 8. Interpretation of District Boundaries. In making a determination
where uncertainty exists as to boundaries of any of the aforesaid districts
as shown on said map, the .following rules shall apply:
(1) Where district boundaries approximately follow streets, alleys, or
highways, such lines shall be construed to such district boundaries.
(2) Whenever any street, alley, or other public way is vacated in the manner
authorized by law, the zoning district adjoining each side of such street,
alley or public way, shall be automatically extended to the center of the
former right of way, and all of:the` area ixicliided:.in.:fhe vacation: Isbell then
and henceforth be subject to all regulations of the extended districts.
(3) Where district boundaries are indicated as approximately following
lot lines, such lines shall be construed to be sakdt boundaries. If a boundary
divides a lot into two or more districts the boundary shall be determined
by using the seal& of the map and measuring the distance from the property
line or distance specified on the map.
Section 9. Zoning of Annexed Area. All land annexed to the City of Sisters
shall be by its classification indicated in the Urban Area Comprehensive
Plan map. Any conditions, limitations, or restrictions applied by the
County in its joint administration of the Plan and this ordinance, shall
continue to apply when administered soley by the City. Where spec ±iically
required or allowed by the Plan, Planmap /zoning map, or subsequent development
standardd, the City may continue any restrictions, limitations, and conditions,
and enforce the same as if applied by the City, pursuant to this ordinance
and its provisions.
Section 10, Urban Standard Residential District -RS.
(1) Purpose. The RS District is inteded to provide for the most common
urban residential densities, and to encourage, accomodate, maintain, and protect
a suitable and safe environment for family living.
(2) Permitted Uses. The following uses are permitted outright:
(a) Single family dwelling, constructed by the provisions of the
Oregon and Deschutes County Standards, including the Uniform
Building Code, Sanitation, Mechanical, and other applicable codes.
(b) Rooming and boarding of not more than two persons.
(c) One private garage for each dwelling. unit, the garage, either at-
tached or detached, not exceeding 720 square feet in floor area.
(d) Other accessory uses and buildings and structures customarily
appurtenant to a permitted use.
14
Not: 32 PACE 520
(3) Conditional Uses. The following conditional uses may he permitted
subject to Conditional Use Permit, by hearing, by the provisions
in Section 20:
(a) Nome occupation, subject to the provisions of subsection 6
of Section 28.
(b) Modular home, or modular home subdivision, subject to the
provisions of subsection 7 of Section 28, with a pitched roof
and over 20 feet wide.
(c) Public, parochial, and private schools, including nursery
schools, kindergartens, and day nurseries but not including
business, dance, trade, technical, or similar schools, and sub-
ject to subsection 4 of Section 28.
(d) Parks and recreation facilities, including country clubs,
golf courses, swimming clubs, tennis clubs; but not including
such intensive commercial recreation uses as a race track or
amusement park.
(e) Utility substations and pumping stations subject to Section 2..
(f) Temporary subdivision tract offices.
(g) Community buildings, libraries, and museums.
(h) 4obile home park, to subsection 8 of Section 28.
(i) Planned Unit Development pursuant to Section 20 and Section 30
(4) Height Regulation. No building or structure shall be hereafter
erected, enlarged, or structurally altered, to exceed 30 feet in height.
(5) Lot Requirements. The following lot requirements shall be ohserved
with new development, or in redeveloping areas, provided that by
quasi - judicial reveiw and findings, increased densities can he
allowed by utilization of off -lot sewage treatment facilities, either
in adjacent landscape management, or open spaces, permeanentl.y reserved
for their open space values, and that such off -site treatment areas
are permanently maintained by bonded agreement; or where street spatial
requirements can be shown by quasi - judicial review and findings to be
less than proportional to the gross land area requirement; or where
off -site sewage disposal and treatment are provided by a public utility
district. In all three cases, density shall not be increased to more
than 3.4 dwellings per gross acre.
(a) Lot area. Every lot shall have a minimum area of 600' square feet subject
to sanitation requirements. •
(b) Lot Width. Every lot shall have a minimum average width of 60" feet.
(c) Frontage. Every lot shall have a minimum width at the street right of way
of 50 feet. Cul'de'sacs shall be a minimum of.30,feet:
(d) Front Yard. The front yard shall he a minimum of 20 feet
from the street right of way.
(e) Side Yard. A side yard. -shall be minimum of 5 feet and the sum of two
sides shall be 15 feet.
rvOi 32 FACE 521
(f) Rear Yard. The rear yard shall be a minimum of 20 feet.
(g) Lot Coverage. Maximum lot coverage by all buildings and structures
shall be no more than 15 percent of the lot area.
(6) Signs.
(a) One non - illuminated name plate, or home occupation sign, not
exceeding one and one -half square feet in area for each dwelling unit.
(b) One non - illuminated toRp ?rays gn; nqt aftx@@ed , g saix fl erf et
in area, advertising the sale, lease, or rental of the property
on which it is located.
(c) One non - illuminated temporary sign not exceeding sixty four
square feet in area, advertising lots within that subdiviston
Said sign will be set back at least ten feet from all property
lines.
(7) Off Street Parking. Off street parking shall be provided to each dwelling
unit-as required in Section 32.
Section 11. Urban High Density District -RH.
(1) Purpose. This district is intended tc provide for high density multiple -
family developments in locations close to shopping and servides, transportation
or public open sapce, and in appropriate locations to provide a transitional
use area between residential; and other more densely utilized land areas.
(2) PermittedU.s$s. The following uses are permitted outright in any RH
District.
(a) Multiple- family dwellings and apartment houses.
(b) Nursing and convalescent homes.
(c) Public, parochial, and private schools, including nursery schools,
kindergartend, and day nurseries; but not including business,
dance, trade, technical, or similar schools, and subject to sub-
section-4 of Section 28
(d) One private garage for each dwelling unit, the garage, either
attached or detached, not exceeding 720 square feet in floor area
16
1 voL 32 PAGE 522
(e) Other accessory uses and buildings and structures customarily
appurtenant to a permitted use.
(f) Planned unit development, provided that provisions for review
as outlined in Section 30 are satisfied.
(g) Mousing for the elderly.
(3) Conditional Uses. The following conditional uses may he permitted,
subject to Conditional Use Permit, by hearing, by the provisions in
Section 20.
(a) Parks and recreation facilities, including country clubs, golf
cources, swimming clubs, tennis clubs; but not including such
intensive commercial recreational uses as a race tract or
amusement park.
(b) Utility substations, and pumping stations subject to Section 29.
(c) Medical Clinics
J; (d) Temporary subdivision tract offices.
(e) Professional Offices
(f) Community buildings, libraries, and museums.
(g) Lodges and fraternal organizations, except those carried on as a
business for profit, and subject to subsection of Section 28.
(h) Churches, subject to Section 29.
(4) Weight Regulation. No building or structure shall hereafter be
erected, enlarged, or structurally altered, to exceed a height of 45 feet.
(5) Lot Requirements. The following lot requirements shall be observed
with new development, or in redeveloping areas, provided that by quasi - judicial
review and findings, increased density can be allowed by utilization of off-
lot sewage treatment facilities, either in adjacent landscape management or
open spaces, permanently reserved for their open space values, and that such
off -site treatment areas are permanently maintained by bonded agreement; or
where street spatial requirements can be shown by quasi - judicial review
and findings to be less than proportional to the gross land area requirement;
or where off-site sewage disposal and treatment are provided by a public
utility district. In all cases, density shall not be increased to more than
10 living units per gross acre.
(a) Lot Area. Every lot shall conform to DEO and neschutes
County Sanitarian's Standards.
(b) Lot Width. Every lot shall have a minimum average width of 60 feet.
(c) Frontage. Every lot shall have a minimum width at the street
of 50 feet. Cul de sacs shall have a minimum of 30 feet.
17
VOL 32 PAGE 523
(d) Front Yard. The front yard shall'be a minimum of 20 feet from
the street right of way
(e) Side Yard. A side yard may be a minimum of 25 feet, except where
by design review, fire restptivity of side wall construction can
be shown to substantially lessen the side yard requirement, which
is based on fire prevention.
'f) Rear Yard. Therrear yard shall be a minimum of 20 feet. The rear
yard requirement shall be increased by one foot for'each foot
by wAiiiktthe building height exceeds 15 feet.
(g) Lot coverage. Maximum lot coverage by all buildings and structures
shall be no more than 50 percent of the lot.
(6) Signs.
(a) One non - illuminated name plate, not exceeding one and one -half
square feet in area for each dwelling unit.
(b) One non - illuminated sign, not exceeding ten square feet, indicating
the name of the multi - family complex.
(c) One non - illuminated temporary sign, not exceeding six square feet
in area, advertising the sale, lease or rental of the property
on which it is located.
(d) One non - illuminated temporary sign not exceeding sixty -four
square feet in area, advertising lots within an RR subdivision.
Said sign will be set back at least ten feet from all property
lines.
(7) Off street parking shall be provided to each dwelling unit as regatudd
in Section32.
Section 12. Gener 'a1.:Geroiil.tistritt 7CG.
(1) Purpose. This district is intended to establish locations for the
continuation and development of a commercial center, to provide for the shopping,
consumer, and service requirements for Influence Area residents, and visitors;
and to present an architecturally designed commercial core which promotes
the historic /frontier theme, which is important both to the community identitj,
and as a tourism attractor.
(2) Permitted uses. The following uses are permitted outright in the CG
district, subject to design review for architectural design compliance, and
to the provisions of Sections29' and3t
(a) Existing residential uses without any increase in density.
18
Not 32 (MME 524
(b) Ambulance service.
(c) Antique shops.
(d) Appliance sales (household), including minor repairs.
(e) Art galleries and artisan's studios, providing that fewer than
three employees /artisans are involved.
(f) Art supplies and picture framing`-
(g) Auto parts sales (new).
(h) Bakery, retail.
(i) Bank, or other financial institutions
(j) Barber, or beauty shop.
(k) Book, stationery, or office equipment store.
(1) Bicycle shop.
(m) Clothing store or tailor shop.
(n) Clothes - cleaning ageney, utilizinvoni *fnenrflamma.11erc aping b1 ,: ; ent.
agents, including self- service cleaning establishment.
(o) Confectionary or delicatessen.
(p) Craft supplies, or craftsman's studios, providing that fewer than
three employees /craftsmen are involved; and that materials or
(q) processes do not promote nuisances of air, sound, water, or
electrical pollution.
(q) Dairy products sales.
(r) Dancing or music schooi,nursery school, kindergarten, and day-
care facility.
(s) Department store.
(t) Drive -in restaurant, provided ingress /egress is onto an adjacent
arterial street.
(u) Drug store, including soda fountain or luncheon dounter.
19
vat. 32 FACE 525
(v) Dry good store, millinery shop, or dress shop.
(w) Florist shop.
(x) Food, grocery, or all- purpose store.
(y) Frozen food locker, excluding wholesale storage.
(z) Furniture store.
(aa) Garden supply store.
(bb) Gift shop, notion, or variety store.
(cc) Hardware store, or paint store, providimggthat no outside storage
is involved, and that fire prevention is incorporated into the
building design.
(dd) Health food store.
(dd) Hobby shop.
(ff) Home furnishings.
(gg) Jewelry store.
(hh) Leather goods and luggage.
(ii) Music or musical instruments store.
(jj) Medical or dental clinic, and office.
(kk) Motel or hotel.
(11) Office, business or professional, including real estate sales office.
(mm) Pet shop.
(nn) Photographic supplies and studio.
(oo) Printer, including newspaper.
(pp) Radio and television broadcasting studios, excluding transmitting
towers.
(qq) Radio and television sales and service.
20
VOL 32 PAR 526
(rr) Restaurant, tavern, bar, and cocktail lounge, including entertainment.
(ss) Shoe store, shoe repair shop.
(tt) Service station, subject to provisions of subsection of Section
(uu) Sporting goods store;
(vv) Theater
(ww) Toy store.
(xx) Upholstery shop, providing there is no outside storage of auto-
mobiles involved.
(yy) Planned unit development.
(zz) Technical and business schools, providing there is no outside
storage involved and that nuisances of air, water, noise, or
electrical pollution are mitigated.
(ab) Signs, by provisions of Section 31
(ac) Temporary Saturday, or Farmers Market facilities in parking lots.
(3) Conditional Uses. The following conditional uses may be permitted,
subject to Conditional Use permit, by hearing, by the provisions of Section20.
(a) Conversion of an existing dwelling unit to a permitted use.
(b) Public buildings and public utility buildings and structures, as
may be appropriate to the CO District.
(c) Church, club, lodge, or fraternal organizations.
(d) Off street parking lot, not associated with on site permitted use.
(e) Mortuary.
(f) Veterinary clinic, with kennel facilities as necessary for the
veterinary practice, operated entirely within an enclosed building.
(g) Minor automotive repair, battery and tire shop, provided the
business is wholly conducted within an enclosed building, and all
waste or used parts are removed from the premeises each day.
21
VOL 32 PAU 527
(h) Whole -block commercial development, composed of outright permitted
uses, where the entire block void -of .liievRIrtm zned,.properties
on the back half of the block, provided that the backside of the
block is landscaped, for use of individual sewage disposal systems,
and a landscaped buffer is maintained between the commercial
establishment(s) and adjacent residentially zoned areas.
(i) Utility substations, and pumping stations, subject to provisions of
,;: .2fi.
(4) Height Regulations. No building shall be hereafter erected, enlarged,
or structurally altered to exceed a height of 45 feet.
(5) Lot Requirements. Lot requirements for each CO District use will be
determined by spatial requirements for sewage disposal, and associated
landscaped areas, and off street parking requirements.
(a) Side Yard. No requirement, providing fire prevention provisions
are designed into the building, and except when the side lot line
is abutting a lot in an R- designated zoning district, and then the
side yard will be a minimum of 15 feet. T! .40 required side yard
will be increaded by one foot for each foot by which the building
height exceeds 20 feet.
(b) Rear Yard. No requirement, providing fire prevention provisions
are designed into the building, and except where the rear lot line
is allowed by conditional use, to encroach into an R- designated
zoning district, and then the rear yard will be a minimum of 15
feet. If utilized for on -site sewage disposal, the rear yard
will be landscaped and maintained. The required rear yard shall
be increased by one foot for each foot by which the building
height exceeds 20 feet.
(c) Lot Coverage. No lot coverage requirements, provided spatial
requirements for parking sewage disposal and open space are satisfied.
(6) Off Street Parking and Loading. Off street parking and loading space
shall be provided as required by Section 32
Section 13. Highway Commercial District -CH.
(1) Purpose. This district is intended to provide for those uses which
have large site requirements, and are oriented to highway' access, or provide
service to the travelling public; and to present an architecturally designed
commercial area which promotes the historic/frontier theme which is im-
portant both to the community identity, and as a tourism attractor.
22
VOL r 32 PAGE 528
(2) Permitted Uses. The following uses are permitted outright in the
CH district, subject to design review for architectural design compliance,
and to the provisions of Sections 29 and 31.
(a) Motel.
(b) Eating or drink establishments, including drive -in restaurant.
(c) Service station.
(d) Gift Shop consisting of tourist - oriented goods.
(e) Ski Shop.
(f) Commercial recreation facility.
(g) Car wash.
(h) Office space incidental to,outrigIt uses.
(i) Temporary Saturday, or Farmer's Market facilities in parking lots.
(j) Drug store.
(k) Planned unit development.
(1) Signs, by provision of Section 31.
(m) Grocery stores.
(3) Conditional Uses. The following conditional uses may he permitted,
subject to Conditional Use Permit, by quasi - judicial hearing, by the
provisions of Section 20.
(a) Business or professional offices.
(b) Theater.
(4) Height Regulations. No building or structure shall be hereafter
erected, enlarged, or structurally altered to exceed a height of 30 feet.
(5) Lot requirements. Lot requirements for each CH District will be
determined by spatial requirements for sewage disposal, and associated
landscaped areas, and off street parking requirements.
(a) Side Yard. No requirement, except when a side lot line is abutting
a lot in an R- designated zoning district, and then the side yard will
be a minimum of 15 feet, with landscape and buffer requirements
installed.
23
VOL 32 FACE 529
(b) Rear Yard. No requirecsit , ;egnteO it%ilhareLa._rear ltt iitteabutsas,
"` R7411.41gnated zoning district, and then the rear yard will be.a
minimum of 15 feet, with landscape and buffer requirements in-
stalled. If utilized for on -site sewage disposal, the rear yard
will be landscaped and maintained.
(c) Lot Coverage. No lot coverage requirements, provided spatial
requirements for parking sewage disposal and open space are satisfied.
(6) Off Street Parking and Loading. Off street parking and loading space
shall be provided as required by Section 32.
Section 14. Commercial - Industrial Combining District -CI.
(1) Purpose. This district is intened to provide for a broad mixing
of commercial uses that because of their spatial requirepenbstthateareetitber
process, or storage related, or are not a character consistent with the
historic /frontier architectureal theme, and for wholesale and heavier
commercial uses. This district also served as a buffer between an R-
designated district, and an industrial district. This district shall be of
relatively -low people per area density, consistent with potential hazard
associated with an airport appraach zone.
(2) Permitted Uses. The follwing uses are permitted outright in the CI
district, subject to the provisions of Section 2°.
(a). Auto parts sales (new).
(b) Automobile sales.
(c) Truck sales, service and repair.
(d) Wholesale business, storage, warehousing, transfer company, and
trucking company.
(e) Public buildings and public utility structures.
(f) Contractor`s office and equipment and materials storage yard, or
storage and rental of equipment commonly used by contractors,
(g) Major or radvfor automotive repair and towing services, provided all
storage is &conducted with a building or within a sight - obscuring
fence.
(h) Cold storage plant,including storage and office.
(i) Bakery, creamery, soft drink bottling plar,laundry, dry cleaning,
laundromat, dying, Or rug cleaning.
24
tVOL 32 PAGE 530
(7) Off - Street Parking. Off - street parking shall be provided
as required in Section 32
(8) Other Required Conditions. See Section 26 applying to
Special Uses where applicable.
31
vas 32 PACE 531
(j) Feed, seed, and fuel stores conducted wholly within a completely
enclosed building.
(k) Farm and industrial equipment sales or rental. .
i) Secondhand storel,-otaexated completely within an enclosed building.
(m) Building materials, either retail or wholesale.
(n) Carpenter, electrical, plumbin, sheet metal, welding, electroplating,
heating and sign shops, auto and furniture upholstery shops,
printing, publishing, and lithography shops, and paint shops operated
entirely within an enclosed building.
(o) Planned unit development.
(p) Mini - storage warehousing.
(q) Accessory uses and buildings cusomarily appurtenant to a permitted
use.
(r) Technical or trade schools.
(s) Tire sales stores.
(3) Conditional Uses. The following conditional uses may be permitted,
subject to Conditional Use Permit, by quasi - judicial searing, , by the
pprovisions. of Section 21a. °
(a) Outside storage for any outright permitted use, pro-
viding sight- obscuring screening is utilized and main-
tained.
(b) Reduction from building separation requirements, upon
findings that building structural design is appropriate
for proportional reduction, for fire safety.
(4) Height regulations. No building or structure hhall here-
after be erected, enlarged, or structurally altered, to exceed
a height of 30 feet.
(5) Lot requirements. Lot requirements for each CI District
use will be determined by spatial requirements for sewage dis-
posal and associated landscaped areas, and off - street parking
requirements.
(a) Side yards. A minimum of 10 feet, except when a side lot
line abuts an R- designated district, then the side yard
requirement will be a minimum of 20 feet. The required
side yard will be increased by one foot for each foot
by which the building height exceed 18 feet.
(b) Rear yard. A mimimum of 10 feet, except when a rear
25
VOL 32 FADE 532
lot line abuts an R- designated district, then the rear
yard requirement will be a minimum of 20 feet, with land-
scape and buffer requirements installed. If utilized for
on -site sewage disposal, the rear yard will be landscaped
and maintained. The required rear yard will be increased
by one foot for each foot by which the building height
exceeds 18 feet.
(c) Lot coverage. No requirements, provided spatial
requirements for parking, side and rear lot clearance,
and sewage disposal are satisfied
(6) Off- street parking and loading. Off- street parking and loading
space shall be provided as required by Section 32. `
Section 15. Industrial, Light District - IL.
(1). Purpose/ This district is intended to provide for areas
for light, and heavier industrial uses essential to the development
of a balanced economic base in an industrial environment, with a
minimum of conflict between industrial and other uses.
(2) Permitted uses. The following uses are permitted outright
in the IL district, subject to the provisions of Section29.
(a) Scientific research or experimental development of ma-
terials, methods, oirproducts, including engineering and
laboratory research.
(b) Light manufacturing, assembly, fabricating, or packaging
of products from previously prepared materials, such as
cloth, plastic, paper, leather, wood, precious, or semi-
precious metals or stones.
(c) manufacture of electric, electronic, or optical instru-
ments or devices.
(d) Manufacturing of food products, pharmaceuticals, and the
like, including the processing of fish or meat, or fer-
mented foods and beverages, provided that pollution of
air, water, or vision are mitigated.
(e) Planned -unit developments.
(f) Public buildings and structures and yards, including out-
side equipment and /or material storage.
(g) Boat building, and associated sales and service.
(h) Fuel oil distributors.
(i) Light fabrication an?d repair shops, such as blacksmith,
cabinet, electric motor, heating, machine ,sheet metal,
sign, stone masonry, and welding.
26
VOL 32 Act 533
(j) Manufacture of concrete products, and ceramic products
using only previously pulverized clay.
(k) Asphalt plant or concrete batch plant.
(1) Wrecking yard or junk yard.
(m) Any retail or wholesale use associated directly with
a permitted use in :the IL District.
(3) Conditonal Uses. Conditional use hearing, and permit, by
quasi- judicial hearing, will show findings for mitigation of impact
o'h housing space demand, provision of public facilities and services,
transportation, and description of second - generation impacts, for
any allowed use employing between 26 - 100 persons, combined on
all shifts during the busiest period.
(4) Height regulations. No building or structure shall here-
after be erected, enlarged, or structurally altered to exceed a
height of 30 feet.
(5) Lot requirements. Lot requirement for each IL District use
will be determined by spatial requirements for sewage disposal and
associated landscaped areas, off - street parking requirements, and
structural clearance for fire safety to walls and roof.
(6) Off- street parking and loading. Off- street parking and
loading space shall be provided as required in Sectionaa.
(7) Other requirements. For large permitted uses, employing more
than 100 persons, on all shifts during busiest periods, legis-
lative hearings will be required for approval, with a complete envir-
onmental, economic, and service impact statement being required,
with implementable programs developed, and with bonded guarantees
for those programs. Appropriate findings and hearings and proced-
ural requirements will be required, to satisfy legislative decision -
making quality as outlined in the statutes and case law for the
State of Oregon.
Section 16. Floodplain District FP.
(1) Purpose. This district is intended to identify those sections
of the urban area subject to the hazards of periodic stream flooding,
and to preclude future development or redevelopment that may suffer
a loss of life or property int the subject areas; and to provide
for a 100 foot setback from 100 year floodprone areas, to prevent
possible lateral flow of effluent into the riparian habitat of the
floodplain zone.
(2) Permitted uses.
(a) Open space, excluding farming activities that require
•ground breaking.
(b) Parks.
27
voi 32 rig 534
(c) Camping associated with parks, providing the camping does
not occur during flood prone periods, and that waste dis-
posal sites are at least 100 feet set back from the 100
year floodplain.
(d) No existing structure shall be enlarged, or structurally
altered, nor shall the use be changed unless decreasing
in intensity to the allowed uses of this zone.
(e) Geothermal exploration and development, and developed
energy appurtenances _ , providing air, water, and noise
pollution are mitigated.
Section 17. Landscape Management District - LM
(1) Purpose. The LM District is intended to recognize the unique
scenic character of the Sisters area, by providing treed buffers,
or large areas of open spaces without trees, between high ddnsity
vehicular travel and residential areas, scenic foregrounds for
residents,and visitors, and as buffers between other, conflicting
uses
(2) Permitted uses.
(a) Open space.
(b) Parks.
(c) Golf courses or riding areas with no buildings or high -
density control structures like intensive fencing or
corrals.
(d) Subsurface sewage disposal for adjacent residential, com-
mercial, or industrial uses, with landscape maintenance
required.
(e) Managed, multi -aged, retention commercial forest areas.
(f) Access to adjacent residential, commercial, or industrial
uses, with collector standard intersections, with access
no less than one -half mile apart.
(g) High quality, indirectly lighted sighs, no more than
50 square feet in area, indicating adjacent residential,
commercial, or industrial areas, one sigh per access;
by site plan review4- as provided in Sections 29 and 31.
(h) Scenic vista turnouts, with kiosks for area information
and explanation facilities, and non- conflictn}ggroadside
rest area facilities, all by site plan review.
(3) Conditional uses.
(a) Truck scales facility, provided that architectural design
compliance will be approved by site plan review, and upon
findings that location will be best possible, with maximum
reduction of traffic hazard.
28
VOL 32 PAGE 535
Section 1$. Urban Area Reserve Zone - UAR -10.
(1) Purpose: To serve as a holding category and to provide
opportunity for tax differentials as urban growth takes
place elsewhere in the planning area, and to be pre-
served as long as possible as useful open space until
needed for orderly growth.
(2) Permitted Uses. The following uses are permitted:
a. Farm uses as defined in this Ordinance.
b. Single - family dwelling.
c. Kennel or animal hospital_.
d. Home occupation subject to Subsection (14) of Section 26.
e. Other accessory uses and accessory buildings and
structures customarily appurtenant to a permitted use
subject to Subsection (2) of Section 27.
f. Day Care Center facilities subject to site review -
Section 24 and Section 26(16).
(3) Conditional Uses. The following conditional uses may be
permitted subject to a conditional use permit and the pro-
visions of Section 20
a. Dude or guest ranch.
b. Commercial riding stable
c. Livestock sales yard.
d. Commercial livestock feeding yard.
e. Mining, quarrying, or other extraction, processing,
or refining of ore or other natural resource material
f. Cemeteries and mausoleums, crematories, columbariums,
and mortuaries within cemetaries provided that no
mortuary or crematorium is within 100 feet of a boun-
dary street, or where no street borders the cemetary,
within 200 feet of a lot in a residential district.
g. Churches.
h. Community buildings, lodge, and fraternal organizations,
except those carried on as a business for profit.
i. Public, parochial, and private schools, but not in-
cluding business, dancing, trade, technical or simi-
lar schools.
29
J
VOL J� FAUE J00
Parks and recreation facilities, fire stations, li-
braries, museums; but not including storage or repair
yards, warehouses, or similar uses.
k. Recreation facility, public or private; but not in-
cluding such intensive commercial recreation uses as
a race track or amusement park.
1. Utility .substations or pumping stations with no equip-
ment storage and sewage treatment facilities.zubject
m. Double -wide mobile home as a single family dwelling
n. Kennel or animal hospital, subject to Section 26(2).
(4) Height Regulations. No building or structure shall be
hereafter erected, enlarged, or structurally altered to
exceed 30 feet in height.
(5) Lot Requirements. The following requirements shall be
observed:
a. Lot Area: Each lot shall have a minimum area of
Ten (1 7.,) acres.
b. Lot Width: Each lot shall have a minimum average
width of 300 feet with a minimum street frontage of
150 feet.
c. Front Yard: The front yard shall be a minimum of
50 feet from the existing street right -of -way line or
the ultimate street right -of -way as adopted on the
Comprehensive Plan or Official Map, except that any
lot of record less than one acre is size lawfully
created prior to (effective date of this ordiance)
shall have a minimum front yard of 30 feet.
d. Side Yard: There shall be a minimum side yard of 10 feet.
e. Rear Yard: There shall be a minimum rear yard of 50 feet.
(6) Signs
a. One non - illuminated nameplate or home occupation sign
not exceeding one -and- one -half (1') square feet in
area for each dwelling unit.
b. One non - illuminated temporary sign not exceeding
six (6) square feet in area advertising the sale,
lease, or rental of the property on which it is
located.
c. One non - illuminated sign not exceeding twenty -five (25)
square feet in area identifying a conditional use on
the property. Said sign shall be set back at least
ten (10) feet from a property line.
30
t V L 32 PAGE 537
Secticn 19. Nonconforming Uses. A use lawfully occupying a structure
or site en the effective date of this Ordinance or cf amendments thereto,
which does not conform to the use regulations for the district in which it
is located, shall be deemed to be a nonconforming use and may be continued,
subject to the following regulations:
(1) Routine maintenance and repairs may be performed on structures or sites,
the use of which is nonconforming.
(2) No structure, the use of which is nonconforming, shall be moved, altered
or enlarged unless required by law or unless the moving, alteration or
enlargement will result in the elimination of the nonconforming use.
(3) No structure partially occupied by a nonconfor'rling use shall be moved,
altered ar enlarged in such a way as to permit the enlargement of the
space occupied by the nonconforming use:.
(4) The Planning Commission may grant an application fora change of use,
filed in accordance with the provisions of section424 and /or 29 and•-.1,
if, oa the basis of the application and'the Pvidehce trtbmit.ted,7they .°
make.. the following findings:
(a) That the proposed use is classified it a more restrictive category
than existing or pre - existing use by the district regulations of
this Ordinance. The classifications of a nonconforming use shall
berdetei'm&ned1 on' th&sbatis" of therd, istricth3.nw}.;.cli.,ifiistfmrst
m t t: permitted; provided 'thatedeConditional' Useest aItl:: 3ie dee;aied::rn he
in a less restrictive category than a permitted use in the same
district.
(b) That the proposed use will not more adversely affect the character
of the district in which it is proposed to be located that the
existing cr pre - existing use.
(c) That the change of use will not result in the enlargement of the space
occupied by a nonconforming use, except that a nonconforming use
of a building became nonconforming provided that no structural
alteration, except those requried by law, are made.
(5) If a nonconforming use has been changed to a conforming use, or if the
nonconforming use of a building, structure or premises ceases for the
period of one year or pore, said use shall be considered abandoned, and
uses permitted as a matter of right or as a Conditional Use in the
district ineVhich - tels'.Ioda*_ed . * :. _.
(6) If a structure containing a nonconforming use is destroyed by any cause
to extent exceeding 60 percent of the appraised value of the structure as
determined by the records of the County Assessor for the year preceding
32
1 111111 1 111 1
(7)
destruction, a future structure or use on the property shall conform to
the regulations for the district in which it is located.
Nothing, contained in this Ordinance shall require any change in the
plans, constuction, alteration, or designated use of a structure for
Which a valid permit exists prior to the adoption of this Ordinance
and subsequent amendments thereto, except that if the designated use
will be nonconforming, it shall for the purposes of subsection j- of
Section' 22be abandoned use if not in operation within one year of
the date of issuance of the building permit.
(8) If a building or structure, in existence on the effective date of this
Ordinance and subject to any yard, location or coverage restriction
imposed by this Ordinance,`fails to comply with such restriction, such
building or structure may, be enlarged or altered to the extent that
such alteration or enlargement does not itself encroach upon a required
yard or violate a location restriction or so increase the area of the
building or structure that it violates that coverage restriction;
but this right shall be subject to all other restriction contained in
this Ordinance.
(9) If an existing nonconforming use, or portion thereof, not housed or
enclosed within a structure, occupies a'portion of a lot or parcel
of land on the effective date hereof, the area of such use may not
be expanded, nor shall the use, or any part thereof, be moved to any
other portion of the property not theretofore regularly and actually
occupied by such use; provided, that this shall not apply where such
increase in area is for the purpose of increasing an off- street parking
or loading facility to the area specified further that this shall not be
construed as permitted unenclosed commercial activities where otherwise
prohibited by this Ordinance.
(10) A use which was lawful by reason of a variarce may he conducted only
on the term of the original permit or variance granted and subject to
all limitations under which the permit or variance was awarded.
Section 20. Conditional Use Permits.
(1) Purpose. In certain districts, Conditional Uses may be permitted
subject to the granting of a Conditional Use Permit. Because of their
unusual characteristics, or the special characteristics of the area in
which they are to be located, Conditional Uses requre special consideration
so that they may be properly located with respect to the objectives
of this Ordinance and their effect on surrounding properties.
(2) Planning Commission Authority. The Planning Commission shall have the
authority to approve, approve with conditions, disapprove, or revoke
Conditonal Use Permits subject to the provisions of this section.
Ge►reral Conditional Use Permit Criteria. A Conditioanl Use Permit may
be granted only upon findings by the Planning Commission that the
proposal meets all of the criteria in this section, as well as all
other applicable criteria contained in the Ordinance. The general
criteria are:
(3)
r VOL 32 PAGE 539
(a) That the location, size, design and operation, characteristics
of the proposed use are such that it will have minimal adverse
impact on the property value, livability and permissible develop-
ment of the surrounding area.. Consideration shall be given to
compatibility in terms of scale, coverage, and density, to the
alteration of traffic patterns and the capacity of surrounding
streets; and to any other relevant impact of the proposed use.
(b) That the site planning of the proposed use will, as far
as reasonably possible, provide an aesthetically pleasing and
functional environment to the highest degree consistent with the
nature of the use and the given setting.
(c) If the use is permitted outright in another zone, that there
is substantial reason for locating the use in an area where it
is only conditionally allowed, as opposed to an area where it is
permitted outright.
(dy That the proposed use will be consistent with the purposes
of this ordinance, the Comprehensive Plan, Statewide Gals, and
any other statutes, ordinances or policies that may be applicable.
(4) Application. A request for a Conditional Use may be initiated by a
property owner or his authorized ageny by filing an application with the
Planning Director. The application shall be accompanied by a site
plan, drawn to scale, showing the dimensions and arrangement of the
proposed development. The Planning Commission may request other
drawings or material essential to an understanding of the proposed
use and its relationship to the surrounding properties.
(5) Public Hearings. Before a Conditional Use is permitted, the proposed
Conditional Use shall be considered by the Planning Commission at a
public hearing. Notice of said hearing .hall b„ given as provided in
section 2 3
(6) Action: by the Planning Commission. The Planning Commission may approve,
approve with conditions, or disapprove the application for a Con-
ditional Use Permit subject to the standard procedures of section_
In permitting a Conditional Use the Planning Commission may impose in
addition to regulations and standards expressly specified in this
Ordinance, other conditionsfeaundnneeessarytto2 .,pro etti.hhebest :.interests
of the surrounding property or neighborhood, or the Urban Area as
a whole. Any future enlargement or alteration of the use shall be
reviewed by the City and new conditions may be imposed.
(a) In order to grant any Conditional Use, the Planning Commission
must find that the establishment, maintenance or operation of the
use applied for will not, under the circumstances of the par-
ticular case., be detrimental to the health, safety or general
welfare of persons residing or working in the neighborhood of
such proposed use, or be detrimental or injurious to the property
andimprovements in the neighborhood or to the general welfare
of the Urban Area.
34
VOL 32 FA&E 540
(b) A conditional Use Permit shall become void after one year after
approval, or after such greater or lesser time as may be specified
as a conditon of approval, unless within that time the required
building construction, alteration or enlargement has been commenced
and diligently pursued or, if no such construction, alteration or
enlargement is ie:quired, unless the permitted activity is being
regularly conducted on the premises. The Planning Commission may
extend the permit for a period of one year.
(7) Effect. No building or other permit shall be issued in any case where a
Conditioanl Use Permit is required'. bytthettermsocifthhisoftd .naneeunttil
five days after the approval of the'Conditioaal Use by the Planning
gotimisliionllrAntapptirl fremaanactien'.-lifIthelismittiitrCogymmth ktiont Shall
automatically cs.tay the,; thearieeuofce bmildingi.di othernphratitounti.l
spehaaptsealhtia by foinplebed . co-71.p:,.ete ...
(8) Violation of Condition. The Planning Commission, on its own action,
may revoke any Conditional Use Permit for noncompliance with conditions
set forth in the granting of said permit after first holding a public
hearing and giving notice of such hearing as provided in section_
The foregoing shall not be the exclusive remedy, and it shall be
unlawful and punishable hereunder for any person to violate any
condition imposed by a Conditional Use Permit.
(9) Special Requirements. The request for a building to exceed 30 feet in
height shall be considered in light of the Fire Department's fire fighting
'apparatus and the location of that apparatus. The community should have
adequate apparatus before taller structues are allowed.
(10) Notification of Action. The Planning Commission shall notify the
applicant for a Conditional Use in writing of the Planning Commissions
action within ten days after the decision has been rendered.
Section 21. Variances. Where practical difficulties, unnecessary hardships
and results inconsistent with the general purposes of this Ordinance may
result from the strict application of certain provisions therof, variances
may be granted as provided in this section. This section shall not be used
to allow a use that is not permitted by this Ordinance for the district
in which the land is located.
(1) Authorization to Grant or Deny Variances. The Planning Commission
may authorize variances from the requirements of this Ordinance
where it can be shown that, owing to special and unusual circumstances
related to a specific piece of property, the literal interpretation of
this Ordinance would cause an undue or particular hardship, except that
no variance shall be granted to allow the use of property for purposes
not authorized within the district in which the proposed use would
be located. In granting a variance the Planning Commission may attach
conditions which it finds necessary to protect the best interests of
the surrounding property or neighborhood and to otherwise achieve the
purposes of this Ordinance.
35
1111111 1 11
vot. 32 PAUF 541
(2) Conditions for Granting a Variance. A variance may be granted if, on
the basis of the.application, lnvest.gation and evidence submitted,
the Planning Commission makes the following findings:
(a) That strict or literal interpretation and enforcement of the
specified regulation would result in practiacal difficulty or
unnecessary physical hardship inconsistent with the objectives
of the zoning ordinance.
(b) That there are exceptional or extradrdinary circumstances or
conditions applicable to the property involved or to the intended
use of the property which do not apply generally to other proper-
ties classified in the same zoning district.
(c) That strict or literal interpretation and enforcement of the
specified regulation would deprive the appliQant of privileges
enjoyed by the owners of other properties classified in the same
zoning district.
(d) That the ,ranting of the variance will nbtccoastitrate :aggrantobf
special privilege inconsistent with the limitations on other
properties classified in the same zoning distt.ictt.
(e) That the granting of the variance will not be detrimental to the
public health, safety or welfare or materially injurious to
properties or improvements in the vicinity.
(3) Conditions from Granting a Variance to Off- Street Parking or Loading
Facilities. The Planning Commission may grant a variance to a regulation
prescribed by this Ordinance with respect to off- street parking
facilities or off - street loading facilities as the variance was applied
for or in modified form, if, on the basis of the application, in-
vestigation and the evidence submitted, the Planning Commission makes
the findings prescribed in subsection (2) above, and the following
additional findings:
(a) That neither present nor anticipated future traffic volumes
generated by the use of the site or use of sites in the vicinity
reasonably require strict or literal interpretation and enforce-
ment of the specified regulation.
(b) That the granting of the variance will not result in the parking
or loading of vehicles on public streets in such a manner as
to interfere with the free flow of traffic on the streets.
(c) That the granting of the variance will not create a safety hazard
or any other condition inconsistent with the objectives of the
zoning ordinance.
(4) Application for Variance. A request for a variance may be initiated by
a property owner or his authorized agent by filing an application wiht
the City Planning Director. The application shall be accompanied by
a site plan, drawn to scale, showing the dimensions and arrangement of
the proposed development. The Planning Commission may request other
drawings or material essential to an understanding of the proposed
use and its relationship to the surrounding properties.
36
VOL 32 PAGE 542
(5) Public Hearings. Before a variance is permitted, the proposei variance
shall be considered by the Planning Commission at a public hearing.
Notice of said hearing shall be given as provided in section
(6) Action of the Planning Commission. The Planning Commission may
approve, disapprove or approve with conditions the application subject
to the standard procedures of section . The Planning Commission
shall notify the applicant, in writing, cf the Planning Commission's
action within ten (10) days after the.decision has been rendered.
The Planning Commission may attach conditions to an authorized variance
which it feels are necessary to protect the public interest and carry
out the purpose of this Ordinance.
(7) Time Limit on Approval of a Variance. Authorization of a variance shall
be void after one year unless a building permit has been issued and
substantial construction has taken place. However, the authorization
may be extended for an additional year on request to and approval by
the Planning Commission.
Section 22. Revocation of Permits or Variances.
(1) Revocation of Permits, Automatic if not Used. Any Conditional Use
Permit or Variance granted in accordance with the terms of this Or-
dinance shall be deemed revoked if not used within one year from
the date of approval or such time as specified by the Planning Commission.
Said permit shall not be deemed used until the applicant has actually
obtained. a building permit and commenced construction thereunder,
or has actually commenced the permitted use on the premises.
(2) Revocation for Noncompliance with Conditions. Any Conditional Use
Permit or Variance granted in accordance with the terms of this Or-
dinance may be revoked if any of the conditions or terms of such permit
or variance are violated, or if any law or ordinance is violated in
connection therewith. If, after notice and hearing, any permit is
revoked for a substantial violation of any of its conditons, the City
Council may reconsider any zone change granted in connection with teh
permit and restore the zoning existing prior to the permit, notwith-
standing improvements constructed prior to such revocations, but any
such proposed change of zone shall follow the procedures otherwise
specified for zone changes herein.
(3) Public Hearing. The Planning Commission shall hold a public hearing on
any proposed revocation after giving written notice to the permittee
and to other owners of property as set forth in section The Planning
Commission shall render its decision with 45 days after the conclusion
of the hearing. In case the permittee is not satisfied with the action
of the Planning Commission, he may appeal the decision to the City
Council in the manner provided in this section and section
37.
vat 32 ra 543
Section 23. Amendments. This Ordinance may be amended by changing the
boundaries of districts or by chaning any other provisions thereof, when -
ever the public necessity and convenience and the genral welfare requires
such an amendment. Such a change may be proposed by the City Council on
its won motion or by motion of the Planning Commission, or by petition as
hereinafter set forth. Any such proposed amendment or change shall first
be submitted to the Planning Commission and the Planning Commission shall,
within 40 days after a hearing, recommend to the City Council approval,
disapproval or modification of the proposed amendment.
(1) Application. An application for amendment by a property owner or
his authorized agent shall be filed with the Planning Director. The
application shall be made on the forms provided by the City.
(2) Public Hearing on an...Amendment. Before taking final action on a proposed
amendment, the Planning Commission shall hold a public hearing thereon.
The Planning Commission shall follow the procedures set forth in Section 23
for map changes. For amendments to the text, notice of the time and
place of the proposed amendment shall be given by three publications
in a newspaper of general circulation in the Urban Area not less than
five days Dior more than ten days prior to the date of the hearing.
(3) Standards for Zone Change. The burden of proof is upon the one seeking
change. The degree of that burden increases proportionately with the
degree of impact of the change which is sought. The applicant shall in
all cases establish:
(a) Conformance with the Comprehensive Plan.
(b) Conformance with all applicable statutes.
(c) Conformance with statewide planning goals wherever they are
determined to be ,applicable.
(d) That there is a public need for a change of the kind in question.
(e) That need will be best served by changing the classification of
the particular piece of property in question as compared with other
available property..
(f) That there is proof of a change of circumstance or a mistake in
the original zoning.
(g) That annexation to the City of Sisters will accompany zone change.
(4) Action by the City Council and County Commission. Thn_ City Council
and County Commission may enact an ordinance granting the zone change
or amendment, or may, by motion deny the granting of the zone change
or amendment. ,
(5) Recordo6£'Amethrb ehts. The signed copy of each amendment to the text
and the map of this Ordinance shall be maintained on file in the office
of the County and City Recorders. A record of such amendments shall be
maintained in a form convenient for the use of the public.
(6) Re;;olution of Intent to Rezone. If, from the facts presented and
findings and the report and recommendations of the Planning Commission,
as required by this section, the City Council and County Commission
determines that the public health, safety, welfare and convenience
will be best served Thy a proposed change of zone, the City Council and
County Commission may indicate its general approval in principal of
the proposed rezoning by the adoption of a "resolution of intent to
rezone:. This resolution shall include any conditions, stipulations
38
r VOL 32 PACE 544
or limitations, which the City Council and County Commission may feel
necessary to require in the public interest as a prerequisite to
final action, including those provisions which the City Council and
County Commission may feel necessary to prevent speculative holding of
the property after rezoning. The fulfillment of all ccnditions, stip-
ulations and limitations contained in said resolution, on the part
of the applicant, shall make such a resolution a binding commitment on
the City Council and County Commission. Such a resolution shall not
be used to justify spot zoning; to create unauthorized zoning cate-
gories by excluding uses otherwise permitted in the proposed zoning.
Upon completion of compliance action by the applicant, the Cicy
Council and County Commission shall by ordinance effect such rezoning.
The fialure of the applicant to meet any or all conditions, stipulations,
or limitations ccntained in the resolution, shall renderibkne resaittio.n
of intent to rezone null and void, unless an extension is granted by
the City Council and County Commission upon recommendation of. the
Planning Commission.
(a) Content of Site Plan. Where a site plan is requered pursuant
to section g9- it shall include location of existing and proposed
buildings, structures, accesses, off street parking and loading
spaces and landscaping, topography, existing and proposed, me-
chanical roof facilities if subject property is so oriented as
to become part of the view from adjacent properties, architectural
perspective, layout and all elevations drawn without exaggeration
except where noted, including 1pcations, area and design of
signs, all landscag; _a4d adjacent streets And facilities.
(b) Resolution on Intent Binding. The fulfillment of all conditions,
stipulations and limitations contained in the resolution of
intent, on the part of the applicant, shall make the resolution
binding on the City Council and County Commission. Upon compliance
with the resolution by the applicant, the City Council and County
Commission shall by ordinance effect such reclassification.
(c) Resolution of Intent Void Upon Failure to Comply. The failure
of the applicant to substantially meet any or all conditions,
stipulaitons or limitations contained ir. a resolution of intent,
including the time limit placed in the resolution, shall render
said resolution null and viod, unless an extension is granted by
the City Council and County Commission upon recommendation of the
Planning Commission',
Section 24. Appeals. Appeals shall. follow the procedures established by
DeschutesGounty -Ordinance No. Pi -9 excepts that within the city limits the hearing
shallbe held by the City'Council.
Section 25. Procedures. The City Council shall provide, by resolution,
an administrative procedure for =the processing of land use actions and
establish fees for such land use actions.
39
1111111111 III II I I
voi 32 PAGE 545
Section 26. Enforcement and Penalties.
(1) Enforcement. It shall be the duty of the Planning Director to enforce
this Ordinance. All departments, officials and public employees of
the City of Sisters, vested with the duty or authority to issue permits
shall conform to the provisions of this Ordinance and shall issue
no permit, certificate or license for any use, building or purpose
which violates or fails to comply with conditions or standards imposed
by this Ordinance. Any permit, certificate or license issued in
conflict with the provisions of this Ordinance, intentionally or
otherwise, shall be void.
(2) Penalties for Violations. Any person, firm or corporation, whether
as principal, agent, employee or otherwise, violating or causing the
violation of any of the provisions of this Ordinance shall be guilty of
a misdemeanor, and upon conviction therof shall be punishable by a fine
of not more than $200 or by imprisonment in the County Jail for a
tern, not to exceed 100 days or both such fine and imprisonment. Such
perosn, firm or corporation shall be deemed guilty of a separate offense
for each and every day during any portion of which any violation of
this Ordinance is committed or continued by such a person, firm or
corporation and shall be punishable as herein provided.
(3) Injunctive Relief. The foregoing sanctions shall not be exclusive, and
where the public health, safety, morals, or genreal welfare will be
better served thereby, the Planning Director may institute such pro-
ceedings for injunctive relief ,against a continuing violation as may be
authorized by the statutes of the State of Oregon. In the enforce-
ment of provisions prohibiting nuisances caused by odor, sound, vibration
and the like, the Planning Director may seek injunciton against the
specific device, activity, or practice causing the nuisance.
(4) Evidence. In any prosecution for causing or maintaining any condition
or use of, or activity on, or constructing, moving or maintaining any
structure on, any premises in violation of this Zoning Ordinance, a
person in possession or control of the premises, as owner or lessee at the
time of the violation, or continuance thereof, shall be presumed to be
the person who constructed, moved, caused or maintained the unlawful
activity, use condition or structure. This presumption shall be re-
buttable and either the City Council or the defendant in such prosectution
shall have the right to show that the offense was committed by some
person other than, or in addition to, an owner or lessee or other
persons in possession or control of the premises; but this shall .not be
construed as relieving a person in possession and control of property
from any duty imposed upon him by this taxed according to the records
of the Deschutes County Assessor shall be prima facie the person in
possession or control of the. premises. Where premises on which the
violation is committed are commercial or industrial premises on which
a sign is situated identifying the commercial or industrial activity
conducted thereof, the same shall constitute prima facie evidence that
the person whose name is thus displayed is in possession or control
of the premises as owner or lessee, but this shill nbt be con-
strued to.releive from responsibility any agent, manager, employee or
other person who actually committed'the violation.
nu>pp�p� 40
ll, II II III II
vat 32 PAGE 546
(5) Abatement. Where, because of the absence of the responsilbe person,
or persons from the County of from the State, as the case may be, the
courts of Deschutes County or the State of Oregon,.cannot secure
effective jurisdiction over the person or persons responsible for the
cause or continuation of a structure or condition ercted or maintained
in violation of the Ordinance, or where the County Commission and
City Council deems it important to the public interest that the
unlawful structure or condition, and if such removal or correction
is not effected within the time prescribed in the order, the Planning
Director shall cause such abatement, going upon the premises with such
men or equipment as may be necessary, and the City Council and County
Commission shall thereafter by ordinance assess the cost of abatement
against the real property. The lien of the assessment shall be enforced
in the same manner as in the case of street improvement liens. Notice
of hearing shall be sufficient if given 30 days in advance of the hearing,
either by persor..al delivery or by mailing the same to the last known
address of the owner of the property as shown by the County Assessor's
records. The order shall be served upon the owner or responsible
person in the manner pre scribed for the notice of hearing, and the owne
or responsible person shall have such period of time after service of the
order but not less than 3C days, as the County Commission and City
Council may deers to be reasonably necessary to accomplish the require=
ments of the order. The notice of hearing and the abatement order shall
contain a notice to the property owner, or other person served, that
the City of Sisters or Deschutes County shall not be responsible for
the condition or storage of the ccmponent parts of, or
personal property situated within, the structue following abatement by
the City of Sisters or the County. The remedy of abatement shall be
in addition to, and not in lieu of, the other remedies prescribed in this
section.
Section 27. Severability and Validity. If any section, subsection, sentence,
clause or phrase of this Ordinance is for any reason held by a court of
competent jurisdiction to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council for
the City of Sisters hereby declares that it would have passed this Ordinance,
and each section, subsection, sente-ace, clause and phrase thereof, irres-
pective of the fact that any one or more sections, subsections, sentences,
clauses or phrases might 'be declared invalid.
41
VOL 32 PACE 547
Section 28. Rrovisiona :Applying to Special Uses. In addition to the
standards of this Ordinance, the following special uses shall comply
with the provisions of this section:
(1) Automobile Service Stations - Minimum standards:
(a) Subject to site plan review minimum lot size - The
minimum lot size for a service station site shall he 12,000
square feet. The minimum street frontage on the major traffic
carrying street of a corner lot shall be 100 feet. The
minimum street frontage for a service station site on an
interior lot shall be 100 feet.
(b) Setbacks- Service stations shall set back from property
lines not less than 10 feet. Attached or free - standing
canopies may not extend closer than 10 feet to the property
line. The minimum 10 foot distance between property line and
building shall be landscaped, as a continum of the service
station's required landscaping.
(c) Landscaping - Landscaping shall be installed and main-
tained, occupying a 5% minimum of the station sites net. area.
Plans for landscaping shall be approved during site plan
review.
(d) Screening -A sight obscuring fence, or wall, not _less
than 6 feet, or more than 8 feet, and an evergreen hedge
planted, at most, at 4 feet, and capable of obtaining 6
feet in height shall be provided between the service station
and abutting property in a residential zone. Said wall or
fence, and hedge shall be reduced to 21 feet in vision
clearance areas. A screened trash enclosure shall be provided
on each station site.
(e) Lighting - Lighting shall be of such illumination, direction,
color, and intensity as not to create a nuisance on adjacent
property, or to create a traffic hazard. Wiring for the
business and its signs and fixtures shall he underground.
(f) Other Requirements -No storage of inoperative auto-
mobiles, or parts thereof, shall be permitted except in
enclosed structures for any period exceeding 72 hours. Off
street parking spaces shall be provided for each attendant
of the largest shift. Sales, storage, and display of mer-
chandise shall be conducted within a building, except for
gasoline, oil, windshield wiper blades, and other accessories
of like size. Use of property may include minor auto repair,
like sale and installation of accessories, tuneups, tire repair,
emergency vehicle repair, and any other sale, service or
activity customarily incidental to the operation of a service
station where such other sale, service, or activity would
otherwise be permitted withing the zone. Where service
42
VOL 32 PAGE 548
station has individual sewage disposal system, on the same
lot, that area will he landscaped and maintained, and shall
not be considered a part of the 5% net area landscape re-
quirement. The individual, or community disposal systems
for sewage shall not be used for disposal of petroleum based
products. They shall be stored separately, and disposed of
at least every 72 hours.
(g) Abandonmnet-Whenever a service station is not used for
such for a continuous period of nine months, all structures
and facilities above and below ground shall be removed by
the owner. Operation for at least 90 consecutive days shall
be required to interrupt a continuous nine months. All
service stations wich are unused•for'a period of nine months
asproviced above are-hereby declared to be nuisances and
subject to abatement as provided in nuisance procedures.
(2) Churches, or other religious institutions, or hospitals. In
residential districts, all such uses shall he located, subject tb
site plan review, on an arterial street, with appropriate off street
parking requirements, all buildings set hack a minimum of 30 feet
from a side or rear lot line, no sign exceeding 10 square feet in
area, nor internally illuminated, off street parking screened
from abutting residential property, and where on site sewage dis-
posal is utilized, the affected area shall he landscaped and
maintained.
(3) Community buildings, Social Halls, Fraternal Organizations, and Cluhsf
Subject to site plan review in a residential district, all such
uses shall be located on an arterial street, with off street parking
screened from abuttin residential property, no sign exceeding
10 square feet in area, nor internally illuminated, all buildings
shall be set back a minimum of 30 feet from side or rear lot lines,
no external evidence of any incidental commercial activities taking
place within the building, and design of a type that conforms with
the type of allowed residential use adjacent to it, if located in
a residential district. If on site sewage disposal is utilized, the
affected area shall be landscaped and maintained.
(4) Nursery Schools. and Kindergartens. Subject to site plan review: Shall
have a minimum site size of '10,000 square feet, shall provide
and thereafter maintain outdoor play areas at a minimum ratio of
100 square feet per child of total capacity. A sight obscuring,
noise lessening fence of at least 4 feet shall he provided, sep-
arating the play area from abuttin lots. Off_ street parking and
loading areas will he required. -Where on site sewage disposal
is utilized, the affected area will be landscaped and maintained.
(5) Housing for the Elderly and Nursing Nomes. Subject to site plan
review.
(a) Lot area requirements will be based on land needed to accom-
odate individual sewage disposal systems; or where off site
.sewage disposal is provided,-+ by :themaximum'densityIstandards for
the residential district in which they are located.
vol. 32 SAGE 549
(b) Where on site sewage disposal is utilized, the affected
area shall be landscaped and maintained.
(c) Off street parking will he provided as follows: Total
off street parking area shall be .75 space per dwelling unit;
with one space for each employee on the largest shift. As
long as multuple family dwellings serve as housing for the
elderly, in terms of the original intent for the development,
the smaller parking requirement shall apply. During site
plan review, any applicant must provide a site plan showing
the total off street parking area, including access and
parking spaces in the event the: development ceases to serve
as housing for the elderly. In case of change from housing
for the elderly, the change will be considered to he a change
of use, with subsequent additional requirements according
to the provisions for the allowed use in the respective
zoning district being required upon such change.
(6) Home Occupation. An occupation carried on within a dwelling
by members of the family occupying the dwelling, with no servant,
employee, or other person being engaged, provided the occupation
is conducted in such a manner as not to give an outward appearance,
nor manifest any characteristic of a business, in
meaning of the term, nor infringe upon the rights
residents. Such occupations shall be secondary us
and shall:
(a) Not to exceed 25 % of the ground floor of the dwelling;
or occupy no more than 500 square feet of a garage, either
attached or detached; or occupy no more than 500 square feet
of any other out building:
(b) Parking for the-business to be same as for the normal
residential occupancy, with no additional parking for the
establishment, either on, of off street.
(c) No visual signs specifically indicating the home occu-
pation is anything more than a residential occupance.
(d) Building standards for the home occupation in compliance
with fire, life, and safety requirements, structural, sanitary,
and mechanical code requirements.
(e) provision for noise, air, visual, and electrical
pollution related to the process of the home occupation;
and home occupation neither infringes upon, nor requires
more area for density requirement for on site sewage disposal
for the residence.
Mobile Eome Standards. Mobile homes not meeting uctural
criteria as established in this Ordinance, and allowed on individual
lots, mobile home subdivisions or planned unit developments, or in
mobile home parks, shall meet the following minimum requirements.
(a) Insignia of Compliance. The mobile home shall conform s'
to the current Oregon State electrical, plumbing, heating
and structural codes for mobile homes, whose conformance
shall be signified by the display of the "Insignia of Com-
pliance" of the State of Oregon, pursuant to, and under
provisions of ORS 446.002 and ORS 446.200, and all sub-
sequent amendments theretc.4
the ordinary
of neighboring
e of the premises,
va 32 Pic 550
(b) Skirting. All non - permanent mobile homes shall have
continious skirting of non - decaying, non - corroding, rodent
proof material. Skirting shall be vented, and insulated to
an R -value as reguired for foundation insulation for a modular,
or on site built home. An 18x24 inch access shall he provided
in the skirting. Skirting shall be installed within 60
days of the date of issuance of the building permit.
(c) Foundations. All mobile homes not meeting the4atruct
Ural criteria as outlined in the Ordinance, placed on in-
dividual lots, or in mobile home subdivisions or planned
unit developments, as a permanent location, shall be placed
on a foundation constructed to, or exceeding Oregon and
Deschutes Couty Structural Codes for footings and foundations,
and insulation, and permanently attached to a non- corrosive,
non - decaying plate that is integrated as a part of that
foundation.
(d) Permits. A building permit shall be obtained from the
Building Official prior to construction of any footings
and foundations, or prior to moving in and locating of any
mobile home on any tract of land. Said permits shall
include other site constructed buildings or structures.
(e) Additions to Mobile Homes. No additions to mobile homes
will be allowed that would extend residential space of the
original dwelling. A canopied porch(s), or patio(s) will be
allowed at each entrance, only if the canopy material is of
a type that is identical to the construction of, or covering
of, the mobile home, or of materials that enhance the
design of the mobile home.
(f) Storage and Accessory Requirements. Each mobile home
shall be provided with an accessory building which encloses a
minimum of 70 square feet, for accessory storage. No storage
will be allowed under the mobile home, nor in unscreened,
or enclosed areas. The accessory storage building shall be
constructed to Uniform Building Code Standards. Construction
of the required storage building shall be completed within 60
days of the date of issuance of the building permit.
(g) Special Setbacks. Special setbacks, as determined by
the Planning Commission as an element of Site Plan Review,
Conditional Use, or Variance hearing, amy be required in
areas with scenic impact, and in all areas designated for
Landscape Management or open space on the Comprehensive Plan
Map. Also, special setbacks and landscape requirements
may be required where subject property adjoins frame dwelling,
or modular home, residential units.
(h) Spatial Requirements. The lot size requirements for
mobile homes, either on individual lots, mobile home sub-
divisions, or planned unit developments, or in mobile home
parks, shall be the same as for standard residential units,
45
VOL ° 32 PAt551
or modular homes in the same residential district, those
standards being based on the spatial requirement for individ-
ual, on site sewage disposal systems. If eventually connected
to community sewerage, the mobile home density shall not
exceed the allowed housing unit density ascribed to the
residential district within which they are located.
(i) Temporary Mobile }Tome Permits. Temporary use permits
for mobile homes may be authorize by the Planning Commission in
the following circumstances, upon such terms and conditions as-
prescribed by the Planning Commission:
(1) Temporary use permits may be granted to schools for
a specified time;
(2) Temporary use permits may be granted in residential
zones for blood reatives of the family residing on
- the-.ptsyperty;'.if the mobile home will be used because of
a medical problem requiring the use of such a unit. The
existence of a medical problem shall be certified by
a Medical Doctor, with description that such a location,
for minimum nursing and /or care, will be beneficial to
the patient. The permit shall not exceed one year and
may only be renewed with another certificate from a
Medical Doctor. Sucha a mobile home placement shall
not infringe upon the spatial requirement for individual
on site sewage disposal systems, nor their assigned
replacement area, for the long term residential unit
on the property;
(3) Temporary use permits may be granted in connection
with construction projects including temporary residence,
commercial use associated with other facilities being
constructed at the site. The duration of such permits
shall not continue beyond the construction period and
the permit shall terminate upon occupancy of the building
being constructed. Set up requirements for such per-
mitted temporary location mobile homes shall he by the
standard for non - permanent mobile homes, as outlined in
this Ordinance, and the Oregon building, electrical,'
plumbing, and structural codes for mobile homes.
(8) Mobile Home Parks.
(a) The minimum.area for a mobile home park shall be 5 acres.
(b) The average area for mobile home sites within a mobile
home park can be no less than the density requirement per
dwelling unit allowed in the Standard Residential District.
That density is determined by the spatial requirement for on -.
site sewage disposal. With provision for, and utilization of
off -site sewage disposal. The allowed density shall he no
more than would be allowed in the Standard Residential District
46
1111 1 11 1111 I
vas 32 PAGE 552
under similar conditions.
(e) In all cases, the area used for sewage disposal and treat-
ment, either on -site, in common areas, or in adjacent or nearby
landscape-management or open areas, will be landscaped and
maintained.
(d) A sight obscuring fence and evergreen hedge capable of
reaching not less thn 6 feet tall shall completely enclose the
mobile home park, except at points of entry and exit.
(e) Entry and exit points for mobile home parks shall be by
controlled access, with school bus turnriluts-either arteri:a1;,
or urban highway designated streets.
(f) Two parking spaces shall be provided for each mobile home
site, at the site. In addition, guest parking spaces shall be
provided in every mobile home park, within 200 feet of the
mobile home sites served, at a ratio of one parking space for
each two mobile home sites.
(f) Parking of recreational vehicles such as boats, motor
homes, camper, trailers, off -road vehicles, and the''like will
not be permitted at the mobile home sites. They shall he
kept either in enclosed garages, or in screened storage areas
within the bounds of the mobile home park.
(g) Clustering of mobile homes within mobile home parks will
he encouraged during design review, with adequate space
provided for each mobile home site so as to allow for a
density ratio of no less than 3,000 square feet for each mobile
home, excluding the parking area requirement, -to gskveaa eatsr'.
greater perception of open space within the mobile home park.
Those areas gained as open area, whether or not utilized for
sewage disposal and treatment, shall be landscaped and main-
tained. An enclosed area within the open space reserve should
be developed with playground facilities, or other recreational
facilities-for the park's residents.
(h) During design review, mobile home park plans should
include description of, and provisions for ease in mobile home
movements and placement for set up.
Section 29. Site Plan Approval:'
(1) Purpose. The purpose of Site Plan Approval is to insure
compliance with the objectives and provisions of this Ordinance
and the Comprehensive Plan, where development may cause a conflict
between uses in the same, or adjoining districts, by creating un-
sightly, unhealthful, or unsafe conditions, thereby adversely
affecting the public health, safety, and general welfare. In
considering a site,plan, the Commission shall take into account the
impact of the proposed development on nearby properties, on the
capacity and circulation of the street system, on the capacity of
of the utility and service systems, on land value and development
vot 32 FAG€ 553
potential of the area, and on the appearance of the street and the
community. The Conmission may require ,the following, in addition to
the minimum requirements and standards-of this Ordinance, as a
condition to the Site Plan Approval..
(a) An increase in building separation, to afford greater
fire resistance, based on building structural, and fire flow
requirements.
(b) An increase in buildings separation, to afford improve-
ment in light reception or air circulation.
(c) Additional off street parking, according to specific
requirements for the type of development.
(d) Screening of the proposed use by a fence, or landscaping,
or a combinantion thereof.
(e) Limitations on the size, location, and number of exterior
lights.
(f) Limitations on the number, and_locat;ion of curb cuts,
for ingress /egress, for traffic safety and improved circulation.
(g) Dedication of land for the creation or enlargement of
streets, where the existing street system will be impacted hy,
or inadequate to handle the additional burden caused by the
proposed use.
(h) Improvement, including but not limited to paving, curbing,
installing traffic control facilities, and constructing side-
walks, drainage facilities, or the street system which serves
the proposed use, where the existing street system will be
burdened by the proposed use.
(i) Improvement or enlargement of utilities serving the
proposed use, where existing facilities serving the proposed
use, where existing facilities will be burdened by the
proposed use.
(j) Landscaping, or increases in landscaping requirements for
the site.
(k) Limitations on the number and size of signs.
(1) Review of, and adjustihents in design for conformance
with the historic architectural design theme.
(m) Any other limitations or conditions it considers necessary
to achieve the purposes of this Ordinance and the Comprehensive
Plan.
4 $
vat 32 PACE 554
proposed new buildings and uses (except standard built single family
residences), outdoor sales, storage and /or parking areas, enlargement
of existing buildings, conversion of buildings to a more intensive
use, or changes in use of buildings or land, and all Conditional Uses
and Variances. During site plan review, the Site Plan Committee will be
governed by the purposes and objectives of this Ordinance and Comprehensive
Plan. Any decision of the Site Plan Committee may be appealed to the
Planning Commission or City Council, as outlined by the provisions
of the Procedures Ordinance.
(3) Procedure.
(a) Before any building permit shall be issued for any develop-
ment subject to Site Plan Approval, a site plan for the
total subject parcel, or development shall be prepared and
submitted to the Planning Camission for approval. The site
plan shall provide such information as determined by the
Planning Co to be necessary to satisfy the purposes and ob-
jectives of this Ordinance and Comprehensive Plan.
(b) Within 30 days after fhe submission of a complete site plan,
the Planning - Carmission shall conduct a meeting to review
the proposal. When sufficiently satisfied that all pertin-
ent information as might be required relative to the pro-
posal, its design, its impacts, or any other necessary
information for decision making has been provided to the
Planning - Cc*sSion shall make a decision to approve,
disapprove, or to approve with conditions. A final decision
shall be made within 30 days of completion of review. In
approving, disapproving, or conditional approval of the plan,
the Planning Co. shall make a finding(s) related to the provisions,
purposes, and objectives of this Ordinance and Comprehensive
Plan. Such findings shall specifically address, buy not be
limited to: all buildings and facilities, access points,
parking and loading facilities, lighting, walls and /or fences
and hedges, are so arranged that traffic congestion is avoided,
pedestrian and vehicular safety and welfare are protected,
that there is no adverse effect on surrounding property, and
that fire safety, provision of community services, and community
facilities are not adversely impacted. The decision of the
Committee shall be final, unless the decision, including the
findings are appealed to either the Planning Commission or
City Council by the provisions of the Procedures Ordinance.
(4) Revisions. Revisions made by the applicant to an approved site plan
shall be made pursuant to the procedures set forth in this section.
Where required Site Plan Approval has been granted, it shall be
unlawful for any person to cause, or permit to be caused, the pro-
posed construction, alteration, improvement, or use, in any manner
except in complete and strict compliance with the approved site plan.
49
*VOL 32 FACE 555
Section 30. Planned Unit Developemnt Approval. The purpose of
Planned Unit Development Approval is to allow and to make possible
greater variety and diversification in the relationshops between
buildings and open spaces in planned building groups, while insuring
compliance with the purposes and objectives of the various zone
regulations and the intent and purpose of this Ordinance.
(1) Hearings Body - Approval Required. Where use is made of the
Planned Unit Development process as provided in this section,
no building or other permit shall be issued for such development
or part thereof until the Hearings Body, has approved said
development.
(2) Application. The owner may file an application for Planned
Unit Development Approval with the Planning Department. The
application shall be accompanied by a filing fee in the amount
established by the County Commission.
(3) Minimum Size for Planned Unit Developments. No application
shall be made for an area of less than 10 acres in an SR or
R Zone,or for an area of less than 4 acres in any other Zones.
(4) Limitation on Application. No application shall be accepted
_or a _s which will require a change of Zone unless accompanied
by a:. - _- _cation for a Zoning amendment.
(5) Plan Required. All applications shall be accompanied by a
general development plan drawn to scale showing the use or uses,
dimensions and locations of proposed structures and of areas
to be reserved for vehicular and pedestrian circulation, parking,
public uses, landscaping and other open spaces, and drawings
and sketches demonstrating the design and character of the pro-
posed uses and the physical relationships of the uses. Such
other pertinent information shall be included as may be considered
necessary by the Hearings Body, to make a determination that
the contemplated arrangement or use makes it necessary and de-
sirable to apply regulations and requirements differing from
those ordinarily applicable under this Ordinance and the Sub-
division Ordinance.
(6) Public Hearing. A public hearing shall be held by the Hearings
Body on a Planned UnitDevelopment. Notice for this hearing
shall be given as set forth in Section 4.5.
(7) Standards for Approval. In granting approval for Planned Unit
Deveopments the Hearings Body shall satisfy itself that:
(a) The applicant has, through investigation, planning and
programming, demonstrated the soundness of his proposal
and his ability to carry out the project as proposed and
that the construction shall begin within six months of the
conclusion of any necessary action or within
such longer period of time as may be established by the
Hearings Body.
(b) The proposal conforms with the general plans of the Urban
Area in terms of location and general development standards.
voi 32 PAGE 556
(c) The project will accrue benefits to the Urban Area and
the general public in terms of need, convenience, service
and appearance sufficient to justify any necessary excep-
tions to the regulations of the Zone and Subdivision
Ordinance.
(d) The project will satisfactorily take care of the traffic
it generates by means of adequate off - street parking,
access points and additional street right -of -way and
improvements and any other traffic facilities required.
(e) The project will be compatible with adjacent developments
and will not adversely affect the character of the area.
(f) The project will satisfactorily take care of sewer and
water needs consistent with UGB policy and plans.
(g) A Planned Unit Development shall not be approved in any
"R" Zone if the housing density of the proposed development
will result in an intensity of land use greater than per-
mitted by the Comprehensive Plan.
(8). Standards and Requirements. Approval of a request for a Planned
Unit Development is dependent upon the submission of an accept-
`__ r_- an and satisfactory assurance that it will be carried
-- . =__v f� li.owing minimum standards and requirements shall
apply:
(a) A dwelling use permitted in the Zone in question may be
permitted in a PUD.
(b) A mobile home may be permitted in a PUD.
(c) Developments which either provide for or contemplate
private streets and ways and common areas which will be
or are proposed to be maintained by the owners of units
or lots within a development must organize and maintain
an owner's association. The owner's association shall
consist of all the owners of units or lots within the
development and membership in the association must be
required of all owners; adopt and record bylaws as pro-
vided by ORS 91.555; adopt bylaws that contain the provi-
sions required by ORS 91.560; and have the power to
create a lien upon the unit or lot for services, labor or
material lawfully chargeable as common expenses as provided
in ORS 91.580. The association's power to create such a
lien shall exist whether or not the property is submitted
to the Oregon Unit Ownership Law (ORS 91.505- 91.675).
(d) If the property is not submitted to the Unit Ownership Law
the association shall also create by contract the right to
claim a lien upon any unit or lot for services, labor or
material chargeable as common expenses. This lien may be
created by convenants between the association and the
property owners and shall supplement the lien created by
(c) above, be approved by the County and require all owners
of units or lots within the development to consent to and
pay the reasonable value of services, labor or material
VOL 32 PACE 557
expended by the city for common e- xpense where such.
County expenditures are made because the owners or the
owner's association does not provide the necessary services,
labor or material for common expenses. No Planned Develop-
ment shall permit a use which is not listed as a permitted
use within that Zone.
(e) Streets and roads in PUD designated developments which
are to be dedicated _ - • -shall be public roads
and ways developed to A.:-,Urban standards.
(f) Pedestrian walkways shall be provided for adequate pedestrian
and bicycle traffic; shall be constructed with Portland
cement or asphaltic concrete to Urban. : standards except as
varied by the provisions of this Section or by the Hearings
Body.
(g) All utility facilities shall be installed underground and
in accordance with County standards.
(h) The design of all PUD projects shall provide direct access
for all units and lots to open space areas and facilities.
(9) Hearings Body Action. The Hearings Body shall act upon the appli-
=h_- 90 days, excl•2.a_nc, such time as may be required
_- any necessary Zoning amendment. In taking action,
the Hearings Body may approve, approve with conditions, or deny
an application as submitted. Any Planned Unit Development as
authorized shall be subject to all conditions imposed and shall
be excepted from other provision of this Ordinance only to the
extent specified in said authorization. Any approval of a Planned
Unit Development granted hereunder, shall lapse and become void
unless, within 12 months after the final granting of approval or
within such other period of time as may be stipulated by the
Hearings Body as a condition of such approval, construction of
the buildings or structures involved in the development has begun
and been diligently pursued. The Hearings Body may further impose
other conditions limiting the time within which the development
or portions thereof must be completed. The decision of the
Hearings Body shall be final unless appealed to a higher Hear-
ings Body according to the procedures set forth in Section 35.
(10) Violation of Conditions. The Hearings Body on its own action
may revoke any Planned Unit Development approval for noncompliance
with the conditions set forth in the order granting the said
approval, after first holding a public hearing and giving notice
of such hearing as provided in Section The foregoing shall
not be the exclusive remedy, and it shall be unlawful and an
offense punishable hereunder for any person to construct any
improvement in violation of any condition imposed by the order
granting the Planned Unit Development Approval.
52
vot. 32 PACE 558
Section 31. Design Development Minimum Standards.
(1) Purpose. The purpose of this Section, is to provide a frameworkd
or required and /or suggested standards for development which will,
when provided by the developer(s), during site plan review, eventually
to be implemented in the subject development, be in conformance with
the purposes, provisions, and objections of this Ordinance and
Comprehensive Plan.
(2) 1880's Architectural Design Theme. This design theme will
apply to all new, reconstructed, or remodeled commercial and
outright allowed uses in the General Commercial and Bighway
Commercial Districts. Each establishment is subject to design
review, for compliance with the central architectural theme. The
following,inumbered sections are keyed to subsequent illustrations,
to exemplify methodology of use of materials and construction
techniques.
1.00 Materials
1.10 Structure: Light wood framing, post and beam and masonry hearing
walls are typical structural systems. Light wood framing may be
achieved through current construction practices utilizing Ballon
Framing and /or Western or Platform Framing with light wood
framing details, up to two and three stories in height. Pere
attention will have to be given to building code requirements
for fire resistive construction and building separation. Masonry
bearing wall construction, particularly in brick or stone,
provides an alternative with inherent fire protective benefits.
1.20 Roof: Roof systems may be supported by a standard rafter system
or pre- fabricated light wood trusses. Typical roof coverings
may be realized with shingles or shakes at a minimum slope of
four inches in one foot. Alternative coverings are metal with
stading or batten /ribbed seams or asphaltic shingles.
1.30 Exterior Finishes: Typical materials are varieties of horizonta
wood drop sideing, vertical board and batten (rough sawn or surfaced
four sides) and cedar shingles, with the later particularly
applicable to ornamental patterns on residential structures.
Brick or stone masonry provides additional choices of. material.
1.40 Windows: Wood sash windows are typical, to include double hung,
casement, horizontal sliding and fixed sash. Availability of
currenly manufactured stock in styles keeping with the period,
is limited as to capturing the period window style. This is
particularly true for large expanses of glass in commercial store
fronts and will undoubtedly require special fabrication.
53
vol. 32 rA&E 559
1.50 Doors: Combination glass and wood panel doors are typical and
are available in certain standardtt pesi ,nst3.pg,e1aadd.'.di. Wdd
glass lights. To approach the vardetyobf, period j.domrsSt es. 4il1
require modification of standard door types, particularly in
arrangement of glass lights or necessitate special. manufacture.
1.60 Ornamentation and Trim: The principal features of period orn-
amentation are concerned with the revival of elements of classical
architectural orders. This primarily concerns the entablture
or the upper section of wall or story that is usually supported
on columns of pilasters and consists of the architrave, the
lowest division of the entablature resting immediately on the
capital or top of the column and the molding around a door or
other rectangular wall opening; frieze or the part of the
entablature between the architrave and cornice (top), the richly
ornamented band; and the cornice or the molding and projecting
horizontal member that crowns the architectural composition.
In addition, this revival was manifest in the use of wood columns
supporting the porch or covered entrance along the front of a
building, reminisant of the classical portico or colonnaded
building entrance. This architectural embellishment also em-
braced the use of balustrade or "fence" between columns and at
the periphery of second story porches.
1.70 Exterior Surface Finishes: Depending upon the intended longevity
of a particular structure and the quality of exterior finish
materials, period structures present variety within the basic
construction practices of the era.
Rough sawn or milled board and batten surfaces were unfinished
to oiled and /or stained to protect the surface materials. This
is practical with the use of Cedar or Redwood which bothe contain
natural oils that protect the wood. As a practical matter for
extended protection of any board and batten surface, the use of a
sealer or oil base of solid color stain is warranted. The same
is true of vertical surfaces finished with Cedar shingles.
Horizontal wood drop siding was normally finished with paint,
however in many instances, no finish was applied. Here a sealer
or stain would be appropriate, in lieu of a painted surface.
In consideration of providing boardwalks in lieu of concrete
sidewalks, only pressure treated wood members should be used.
1.80 Color: Rough sawn or milled board and batten, particularly Cedar
and Redwood, may be retained in a natural finish which ultimately
weathers to silver -gray in color.
54
VOL 32 PAGE 560
During the period, th@rewlusaalia6kodelitkhlIess finishes,
therefore color applications were generally flat in nature.
Tb= upslieatelthis, charatfer flat or low gloss products currently
on the market should be utilized.
Applied surface colors were predominantly flat white for most
buildings, particularly the exposed surfaces of porches or covered
walkways and ornamentation attached to brick masonry buildings.
Large area surface colors other white, were primarily flat earthy
ochres, yellows, browns and reds. These colors are generally
contrasted with white trim at the cornice, vertical corner
trim of the building, windows and doors, porch and balustrade.
Modern interpretation of color application has tended toward a
broader color selection in keeping with the white -dark contrast,
by adding deep blues, blue - greens and red - oranges.
Color availability and selection for stains is readily obtained
from product manufactures. One example of such product used
extensively in the Northwest is Olympic stain, particularly the
solid color stains. There stains offer a fairly broad range of
color selection and provide a flat, deep colored finish in
keeping with the period.
Latex base paints also produce a flat finish color and low -
gloss oil enamels offer additional applications fro colored
finishes. Color selection samples are readily available from
paint manufactures such as Glidden, Sherman - Williams, Fuller or
Pittsburg.
2.00 Methods of Construction
2.10 General: Adherance to presently accepted methods of construction
and compliance with applicable building codes and development
ordinances is recommended as the minimum standards. Fire and
life safety are of particular concern.
As the majority of new construction and existing building reno-
vation is adjacent to public walkways, attention to good construction
safety practices is necessary. This is particularly true of the more
congested commercial area.
2.20 Standard False Front Commercial Structure: The following graphic
illustrations keyed to this numbered sub - section illustrate
standard approaches to the construction of this element.
von 32 PAGE 581
2.30 Construction Details: See the following graphic illustrations for
examples.
2.40 Ornamentation: See the following graphic illustrations for examples.
3.00 Miscellaneous
3.10 Fences: See the following graphic illustrations for examples.
3.20 Gates: See the following graphic illustrations for examples.
3.30 Signs: Signing was generally haddIed'by7pa ting`bhes§2gndirettly
on the' "facade of the building, either directly on the finish
material or on a sign board which was subsequently affixed to
the building. Ornamentation is achieved at the edge of the sign
board by its particular shape and the application of edge molding
or individually cut raised?.fiettersutztiliadd-Ffor reliefaarld:catitnatt.
Oth a- Othetnsignithemethodsr'anoludecpio, .edtingedauble faeedrbGafdBec"
affixed high on the facade of the building and structurally
supported by wires.
:Fzreenhanging sign boards attached, under covered porches were
also utilized.
Lettering was generally ornamental and /or shaded and painted
in contrasting colors on flat white surfaces. Examples of lettering
are provided in the following graphic illustrations keyed to this
sub - section. Individual cut -out letters applied to the sign
surface and routed lettering provide additional acceptable
techniques for signing.
56
L 1
111111 IIII 11' .. .. 1 1
VOL 32 PACE 562
EXAMPLES OF 1880 ARCHITECTURAL TECHNIQUES
STORE BUILDING - CROOK CITY,
Dakota Territory
(1877)
Cornice
(1.60)
Board & Batten
(1.30)
Double -Hung -
Window
(1.40)
Sign
(3.30)
Fixed -Sash
Window
(1.40).
Shingle Roof
(1.20)
E.1
■
•
•
False.
Store
Front
(2.20)
OLD MOLSON BANK
Matson, Washington (1908)
Shingle Roof
(1.20)
Board Walk (1.70)
". "•';`-'.177.1?•e..'11',7..4-'' •
, • . -.••• •.;.!•••'• '
••• • • 4"?•.:'"g '
14, ;
• • ; ; 1,
'• -"` f -
•;. ;-",•t• 4
" 1 •
4 ,
STORE FRONT — UNION, OREGOtst
(c. 1880)
Cornice
(1.60)
(4....--- Projecting Sign
(3.30)
:4:
_
False Front
(2.20)
----••••••-•---...„:"..41.11111.4.4•-•••••••-••••••••••■•
59.
•
COLUMBUS HOTEL
WADSWORTH, NEVADA
(c. 1868 -78)
Cornice
(1.60)
lean -Tt Rotf
--
SECTION
.4)
Ornament
(2.40)
PORCH COLUMN &
ORNAMENTATION -- Chamfered
Column
(1.60)
WINDOW DETAIL
SILVER CITY, NEVADA
(1892) (1.40)
1
STRAP HINGE
(1.50 & 3.20)
(Board Walk or
,,/" Porch (1.70)
TYPICAL HORIZONTAL WOOD DROP SIDING (1.30)
VERTICAL BOARD & BATTEN SIDING (1.30)
EXTERIOR CORNER DETAIL
(2.30)
COLUMN DETAIL AT PORCH ROOF
BLOOMFIELD'S GENERAL STORE
BLOOMFIELD, CALIF. (c.1851-84)
(1.60)
Ornamentation
(1.60 & 2.40)
Drop Siding
(1.30)
FALSE FRONT CORNICE DETAIL
(1.10, 1.20, 1.30, 2.20, 2_0
& 2.40)
u iitii "Ifliiir rrrrrfi'"""-""'""
Balustrade
(1.60)
Building Face
Roof (1.20)
��Column (1.60)
Board Walk
> (1.70)
--1.1A----A_____......_psi
COLUMNED PORCH
6 TURNED COLUMN: & BALUSTER BANK OF CALIFORNIA
GOLD HILL BAR & HOTEL GOLD HILL, NEVADA
GOLD HILL, NEVADA (1868 -88) (c.1862)
sit
FENCE DETAIL
6 3 (3.10)
J
.i 1
Column (1.60)
64
Door Window
(1.50) (1.40)
SHANIKO 'HOTEL
S HAN I KO, OREGON
(c.1878)
°Ili° d;,ll:a!II
TYPICAL 1880 LETTERING (3.30)
65
v�k 32 FACT 571
(3) Signs. Design criteria for signs in the C$, and CH districts shall
be by the architectural design theme outlined in Subsection 2
of Section 31. Signs in residential districts are as prescribed in
the zoning regulations for those districts. The Landscape
Management District regulations in this Ordinance give general
design standards far signs" in _tl atistfict. - Indirect lighting,
use of native wood materials, non - conflicting color themes, and
utilization of native stone as sign base /foundation will be
stressed during design review.
Fbr hepparpos €stbfsth:stsentien, a "street sign" is more specifically
any letter, symbol, number or combination of these, which can be
seen from the right -of -way of a street or highway, or any private
thoroughfare which is open to the public. "Street signs" include
signs, other than public information signs displayed by public
agencies, but do not include buildings.
COMMERCIAL INDUSTRIAL DISTRICT
Wall Signs Ground Signs
Area* Height Area Height
30% ** 15 ft.2 5 ft /max.
for commercial
INDUSTRIAL DISTRICT
Wall Signs Ground Signs
Area* Height Area Height
30% 2Oft. 25ft.2 16 ft.
*to a maximum of 30 square feet.
* *see section following, on wall. signs.
(a) Ground Signs. Any activity not otherwise indicated
in this Ordinance may display one or more ground signs,
subject to the following provisions:
(1) The activity is accessible to automobile and has
off street parking on the premises.
(2) The edge of the building or structure in which the
activity is conducted is set back at least twenty -five
(25) feet from the edge of the adjacent street right -of -way.
(3) A ground sign which is six square feet or more in
area may be displayed only on a frontage of one hundred
(100) feet or more, and may not be closer than fifty (5C)
feet from any other ground,.:sign -which is. six =square
feet or more in size..
(4) An activity may have both ground and projecting signs
if only one of these graphics is six square feet or more
in area, or the area of the ground sign may be no larger
than: 35 square feet, Commercial, 50 square feet, In-
dustrial; or the height of the ground sign may he five (5)
feet in commercial, and fifteen (15) feet in industrial.
(b) Wall and Roof Signs. Subject to the requirements in, or
where otherwise indicated by this Ordinance, any activity
11
66
vol. 32 PAGE 572
may display wall signs. Wall signs may be attached flat to,
written on, or pinned away from the wall, and may not project
from the wall by more than twelve (12) inches. The above
table indicates the maximum percentage of the signable area
of the building or structure which may be utilized for wall
signs. The person displaying the wall sign may determine
the signable area by choosing one such area on the building
facade. In calculating the signable wall area of a building
which may be used for wall signs, the .f.ollowirg provisions
also apply:
(1) If the -:sign is enclosed by a box or outline the
total area of the sign, including the background, is
counted as part of the signable area. If the sign
consists of indivival letters, the area enclosed by an
i-r:- := .imagiraryartatangle orauquatd khioh1dobkddbewdrawn.und the
irbtind,::the letttrs is counted as the signable area.
(2) If individual letters, or a box sign is placed
between window spandrels, the height of the letters
or-:boxrmAy° note -=.dxtaedtt vathifdt' -•of'-t:he'heightl-afst:hedrel.
spandrel.
(3) A sign may not cover or interrupt major architect-
ural features.
(4) Wall signs are subject to the following height
limitations: a. wall signs placed in the space between
windows may mot exceed 'in " height marethan two th.irds
of the distance between the top of a window and the
sill of the window p aboee.00v - major arhhsitettlivaltdttails
related thereto; and, bn" "wai nsignp mayvAextendLto thefroof
line. (Note: Major architectural features means any
feature such as a beam, building line, or structural
feature on a building or structure.)
(c) In the following special situations, the Planning Commission
shall use the following additional provisions in
determining compliance with this Section:
(1) Building in join1l occupancy or multiple use. When a
building is occupied by a single occupant who carries on
more t har oha- :activity,' within kthenabui.idiu1W4tgtherbhiiding'.z':a:ati;
contains two or more activities carried on by different
occupants, the building shall be assigned to only one of
the activity categories. The owner of the building shall
determine to which' activity category the building shall be
assigned, or, the allowable sign area shall be assigned
proportionately to the individual occupants, on the buildings
-, owner's discretion,, for Design Review.
VOL 32 FACE 573
(2) Street signs may be displayed on the side of rear of
a building adjacent to an off - street parking area, if the parking
area is forty (40) feet or more in width. The side or rear
of the building adjacent to the off street parking area may
not be included when calculating the signable wall area
allowable to wall signs..
(3) If a building has frontage on, or access to two or more
streets, highways, etc., each side of the building is to be
separately considered for purposes of determining compliance
with this section. Area allowances for street signs may be
utilized only on the side of the building from which they
are calculated.
(d) Auxillary Design Elements.
(1) Awnings, canopies, and marquees are permitted for all
activities. Any letter or number over three inches in
height which are displayed on an awning or canopy are not
allowed. Awnings and canopies may extend to within one
foot of the vertical plane formed by the curb, or the
right -of -way line.
(2) Time and temperature devices are permitted in all ac -_
tivities. They may be ground, projecting, or wall signs, and
shall be subject to the regulations applicable to each of
these types of street signs.
(3) Sidewalk showcases are permitted for all commercial
activities, but must be so placed as not to interfere with
pedestrian traffic.
(4) Temporary window signs are permitted in all activities.
They may not exceed thirty percent of the window area in
which they are displayed.
(5) Banners are permitted only for commercial and institu-
tional activities located in areas recommended by the Site
Plan Review Committee.
(e) The following are not subject to design review, by the
provisions of this Section, if the signs are in compliance with
the provisions of this Section.
(1) Repainting, cleaning, or other normal maintenance or
repair of a street sign or street signs structure for which -'
a Design Review approval has been given, so long as the street
sign structure design, color, material, etc., or content is
not modified in such a way as to conflict with the intent
of the Ordinance.
(2) The changing of the advertising copy of message on a_
readerboard, or theater marquee.
(3) Temporary window signs.
vai 32 FACE 574
(4) Construction signs which identify the architects, en-
gineers, contractors, and other individuals or firms in-
volved in the construction, but not including any advertise-
ment of any product, and signs announcing the character
of the building enterprise or the purpose for which the building
is intended, during the construction period, to a maximum
area of sixteen (16) square feet for each firm. The signs
shall be confined to the site of the construction, and shall
be removed within fourteen (14) days of the beginning of the
intended use of the project.
(5) Real estate signs advertising the sale or lease of the
property, or part of the property on which the signs are
displayed, up to a total area of twelve square feet. Such
signs shall be removed within fourteen days of the sale or
lease, or expiration of the listing.
(6) Signs directing traffic movement onto a premises or within
a premises, not exceeding three square feet for each sign.
(7) Signs not exceeding two square feet in area, in resi-
dential districts, attached flat against the building,
stationary and not illuminated, announcing only the names,
or occupations of the building tenant.
(8) Governmental or offical notices, flags, emblems, or
insignia.
(9) Religious, or holiday decorations.
(10) Political campaign signs.
(k1). Garage sale, or yard sale signs of a temporary nature,
to be removed not later than 48 hours after the related
activity ceases.
(12) Temporary direction signs.
Section 32. Off Street Parking and Loading.
(1) Compliance. No building or other permit shall be issued until
„'plans atth.,evidenoe-a.recTredented•„ba thuwthowt iepotLestp,aetig rkidg
";_and loading requirements are to be fulfilled and that property is
- and will be available for .extenve use as off - street parking ,and
loading space. The subsequent use of the property for which the
permit is issued shall be conditional upon the unqualified con-
tinuance and availability of the amount of parking and loading
space required by this Ordinance.-
(2) Off- Street Loading. Every use for which a building is erected or
structurally altered to the extent of increasing the floor area
to equal a minimum floor area required to provide loading space, and
which will require the receipt or distribution of materials or
merchandise by truck or similar vehicle, shall provide off- street
loading space on the basis of minimum requirements as follows:
69
I II I 1111'
vol. 32 PAGE 575
(a) Commercial, industrial and public utility uses which have a
gross floor area of 5,000 square feet or more shall provide
truck loading or unloading berths in accordance with the following
table:
Square Feet of Floor Area Number of Berths Required
Less than 5,000 0
5,000 - 30,000 1
30,000 - 100,000 2
100,000 and Over 3
(b) Restaurants, office buildings, hotels, motels, hospitals
and institutions, schools and colleges, public buildings,
recreation,or entertainment facilities and any similar use
which has a gross floor area of 30,000 square feet or more shall
provide off - street truck loading or unloading berths in ac-
cordance with the following table:
Square Feet of Floor Area Number of Berths Required
Less than 30,000 0
30,000 - 100,000 1
100,000 and Over 2
(c) A loading berth sahll contain space 10 feet wide, 35 feet long
and have a height clearance of 14 feet. Where the vehicles
generally used for loading and unloading exceed these dimen-
tions, the required length of these berths shall he increased.
(d) If loading space has been provided inconnection with an
existing use is added to an existing use, the loading space
shall not be eliminated if elimination would result in less
space than is required to adequately handle the needs of the
particular use.
(e) Off- street parking areas used to fulfill the requirements of this
Ordinance shall not be used for loading and unloading
operations except during periods of the day when not required
to take care of parking needs.
(3) Off Street Parking. Off- street parking spaces shall be provided and
maintained as set forth in this section for all uses in all
zoning districts except the CO District. Such off- street parking
spaces shall be provided at the time a new building is hereafter
erected or enlarged or the use of a building existing on the
effective date of this Ordinance is changed.
(4) Number of Spaces Required. Off- Street parking shall be provided
as follows:
70
Use
(a) Residential
One, two and three family
dwellings:
Multi- family dwelling
containing four or more
dwelling units:
Studio or Efficiency
1 Bedroom Unit
2 Bedroom Unit
3 Bedroom Unit
4 Bedroom Unit
voi 32 PAGE 576
Requirement
2 spaces per dwelling unit
.75 space per unit
1.00 space per unit
1.50 space per unit
2.25 space per unit
2.50 space per unit
Apartment- hotel, rooming
or boarding house: .50 space guest parking per
dwelling unit
Quad or Quint dwelling: 4.5 spaces per quad and 5.5
sppces per quint
(b) Commercial Residential
Hotel: 1 space per guest.roomplus
1 space per 2 employees
Motel:
Club or Lodge:
1 space per guest room or suite
plus 1 additional space for the
owner or manager
Spaces to meet the combined ..
requirements of the uses being
conducted such as hotel, restau-
rant, auditorium. etc.
Fraternity, sorority or
dormitory: 1 space for each 6 student beds
(c) Institutions
Welfare or correctional
institution: 1 space per 3 beds for patients
and inmates.
7i
1
Usk
Convalescent hospital,
nursing home, sanitarium,
rest home, home for the
aged:
Hospital:
(d) Places of Public Assemb1v
Church
a :-Library, • reading room,
museum, art gallery:
Pre- school nursery or
Kindergarten:
Elementary or Junior High
School:
High School:
College or commercial
school for adults:
Other auditotium_or
meeting room:
(e) Commercial Amusements
Stadium, arena or theater:
Bowling alley:
voi 32 fACE 577
Requirement
1 space per two beds for patients
or residents
1.5 spaces per bed
1 space per 4 seats or 8 feet of
bench length. in the main auditorium
1 space per 400 square feet of
floor area plus 1 space per 2 employees
2 spaces per teacher
1 space per employee or 1 space
per 4 seats or 8 feet of bench
length in auditorium or assembly
room, whichever is greater
1 space per employee plus 1
space for each 6 students or 1
space per 4 seats or 8 feet of
bench length in the main audit-
orium, whichever is greater
1 space per 3 seats in classrooms
1 space per 4 seats or 8 feet of
bench length. If no fixed seats
or benches, 1 space per 60
square feet of floor area
1 space per 4 seats or 8 feet of
bench length
6 spaces per land plus 1 space
per 2 employees
Use
Dance Hall or skating
rink:
(f). aCommercial
Retail store except
stores selling bulky
merchandise and grocery
stores 1,500 square feet
gross floor area or less:
Supermarkets, grocery
stores 1,501 to 4,000 square
feet:
4,001 square feet and over:
voL 32 PAGE 578
Requirement
1 space per 100 square feet of
floor area plus 1 space per 2
employees
1 space per 300 square feet of
gross floor area.
1 space per 150 square feet of
gross floor area
1 space per 100 square feet of
gross floor area
Service or repair shops,
retail stores and oulets.
selling furniture, auto-
mobiles or other bulky mer-
chandise where the operator
can show the bulky merchandise
occupies the major area of 1 space per 600 square feet of
the building: gross floor area
Bank or office (except
medical and dental) :
1 space per 600 square feet of
gross floor area
Medical and dental office
or clinic: 1 space per 300 square feet of
gross floor area
Eating or drinking
establishments:
(g) Industrial
1. space per 100 square feet of
gross floor area
Manufacturing establish 1 space per employee on the two
ment:
largest working shifts
73
Use
Storage warehouse, whole-
sale establishment, 'rail
or trucking freight term-
inal:
vot. 32 PAGE 5?9
Requirement
1 space per 2,000 square feet of
floor area
(h) Other uses not specifically listed above shall furnish
parking as required by the Site Plan Review Committee. The
Site Plan Review Committee shall use the above list as a
guide for determining requirements for said other uses.
(5) General Provisions Off- Street Parking.
(a) More Than One Use on One or More Parcels. In the event several
uses occupy a single structure or parcel of land, the total
requirement for off - street parking shall be the sum of the
7,- •.'regtirem€ntb of the §everal ^uses ` cdmputed -separate:y.
(b) Joint Use of Facilities. The off - street parking requirements
of two or more uses, structures or parcels of land may be
satisfied by the same parking or loading space used jointly to
the extent that it can be shown by the owners or operators
of the uses, structures or parcels that their operations and
parking needs do not overlap in point of time. If the uses,
structuresoorppareascabetundetrupparAteoomnerahlkintthwrOght
to joint use of the parking space must be evidenced by a
deed, lease, contract or other appropriate written document
to establish the joint use.
(c) Location of Parking Facilities. Off- street parking spaces
for dwellings shall be located on the same lot with the dwelling.
Other required parking spaces shall he located on the same
parcel or on another parcel not farther than 500 feet from
the building or use they are intended_to-serve,measured in
a straight line from the building in a commercial or in-
dustrial zone. Such parking shall be located in a safe and
functional manner as determined during Site Plan Approval.
The burden of proving the existence of such off — premise
parking arrangements rests upon the person who has the
responsiblity of providing parking.
(d) Use of Parking Facilities. Required parking space shall
be available for the parking of operable passenger automobiles
of residents, customers, patrons and employees only, and
shall not be used for the storage of vehicles or materials or
for the. parking of trucks used in the conducting of the_bueiness
or use. •
(e) Parking, Front Yard. Unless otherwise provide, required
parking and loading spaces for multi- family dwellings, com-
mercial and industrial use shall not be located in a required
front yard, but such space may be located within a required
side or rear yard.
74
VOL 32 fiitt 58
(6) Development and Maintenace Standaidstfiar %Of €‘Strett-Parking Areas.
Every parcel of land hereafter used as a public or private parking
area, including commercial parking lots, shall be developed as
follows:
(a) Any lighting used to illuminate the off - street parking areas
shall be so arranged that it will not project light rays
directly upon any adjoining property in an "k" District.
(b) Except for single- family and duplex dwellings, groups of
more than two parking spaces shall be so located and served
by a driveway that their use will require no backing movements
or other maneuvering within a street or right -of =way other than
an alley.
(c) Areas used for standing and maneuvering of vehicles shall be
paved with either AC paving or .09 oil mat material and the
surfaces maintained ademafeej'y finr All weather -use add so
drained as to contain any flow of water on the site.
(d) Except for parking to serve residential uses, parking and
loading areas adjacent to or within residential zones or
adjacent to residential uses shall be designed to minimize
disturbance of residents.
(e) Access aisles shall be of sufficient width for all vehicular
turning and maneuvering.
(f) Service drives to off - street parking areas shall he designed
and constructed to facilitate the flow of traffic, provide
maximum safety of pcdess-°and7egress-and maxit umFgAfetg bf^
pedestr'iansr,and- vehicular traffic on the site. The number
of service drives shall be limted to the minimum that will
accommodate and serve the traffic anticipated. Service drives
shall be clearly and permanently marked and defined through
the use of rails, fences, walls or other barriers or markers.
Service drives to drive -in establishments shall be designed
to avoid backing movements or other maneuvering within a
street other than an alley.
(g) Service drives shall have a minimum vision clearance area
formed by the intersection of the driveway center line, the
street':Ai//it-of -way line and a straight line joining said
lines through points 30 feet from their intersection.
(h) Parking spaces along the outer boundaries of a parking area
shall be contained by a curb or bumper rail so placed to prevent
a motor vehicle from extending over an adjacent property line
or a street right of way.
(7) Off- Street Parking Lot Design. All off - street parking lots shall
be designed in accordance with City standards for stalls and
aisels as set forth in the following drawings and table:
75
A
B
C D E F
9' -0" 9.0 12.0 22.0 30.0
00 9' -6" 9.5 12.0 22.0 31.0
10' -0" 10.0 12.0 22.0 32.0
9' -0" 19.8 13.0 12.7 52.5
45° 9' -6" 20.1 13.0 13.4 53.3
10' -0" 20.5 13.0 14.1 54.0
9' -0" 21.0 18.0 10.4 60.0
60° 9' -6" 21.2 18.0 11.0 60.4
10' -0 21.5 18.0 11.9 61.0
9' -0" 21.0 19.0 9.6 61.0
70° 9' -6" 21.2 18.5 10.1 60.9
10' -0" 21.2 18.0 10.6 60.4
9' -0" 20.0 24.0 9.0 64.0
90° 9' -6" 20.0 24.0 Q.5 64.0
10' -0" 20.0 24.0 10.0 64.0
IOL PAK581
A. Parking Angle
B. Stall Width
C. 20' Stall
D. Aisle Width pne way*
E. Curb Length per car
F. Bay Width
* 24' minimum for two
way traffic
(a) For one row of stalls use "C" + "D" as minimum bay width.
(b) Public alley width may be include as part of dimension "D ",
but all parking stalls must be on private property, off the
public right of way.
(c) For estimating_ available parking area, use 300 -325 square feet
per vehicle for stall, aisle and access areas.
(d) For narrow lots equivalent size stalls and aisles may be
approved by the Site Plan Review Committee.
(e) For large parking lots exceeding 20 stalls, alternate rows may
be designed for compact cars provided that the compact stalls
do not exceed 30 per cent of the total ,fregdlredstnills. :A
compacts stalLAhali be -8' fett. in-. 4i.dhh ?and 117 `fettlin ` l.engbh
with appropriate aisle width.
76
voi 32 fint 582
(8) Provisions for Parking in the General Commercial District. The
same spatial requirements for parking for allowed uses inotber Commercial
District shall apply as required by this Section. Where, during
site plan review, the applicant can show the existence of unre-
served, diagoanl "on- street" parking area, on streets not desig-
nated either as urban highway or arterial, - within 30L-feet from the
site of the proposal, the applicant will be allowed to consider, upon
development of an impervious surface to the standars of this
Section, with parking bumpers, sidewalk, and curbing, a portion
of his parking area requirement as being satisfied, upon approval
by the >,.. , .,; 5 f .F ..-
(9) Provisions for Reductions in Spatial Requirements for Off- Street
Parking due to Landscaping. Where landscaping is to be provided
in parking areas, to reduce the starkness generally associated
with such parking areas, the Site. Plan Review Committee shall
consider the following:
(a) Where general landscaping, utilizing ground covers, raised
beds, or low shrubbery, all of evergreen nature are utilized
around parking area borders, or required screening around
borders, or as traffic control structures within parking areas,
or as general landscaping within parking areas, the parking
area gross spatial requirement will be reduced proportion-
ately, up to a total of 5 per cent.
(b) Where native trees and brush are incorporated for retention
in new parking facilities, or where utilized as newly es-
tablished landscaping within, or surrounding required parking
areas, the dripline perimeter around that vegetation shall
not be imperviously covered, -and reductions_proportion.ate to
the area involved, up to a total of 10 percent of the required
parking area will be allowed. The drip -line perimeter areas,
if designed as "sumps ", with drill holes to provide for
drainage, will be allowed as meeting drainage requirements
for impervious surfaces, proportional to their areal carrying
capacity for that purpose, to the requirements for drainage for
the area, upon approval by the Site Plan Review Committee.
Section 33. Landscaping Requirements.
(1) Purpose. The purpose of this Section is to provide for minimum
standards for landscaping as a means to implement the provisions,
purposes, and objectives of this Ordinance and Comprehensive Plan.
Landscaping requirements for new, redeveloping, or change of use
applications will be considered by the"�� *<
(2) Areas Subject to Landscape Requirements. All use types P4 allowed
in the particular zoning districts, and subject to site plan
review shall meet the provisions of this Section.
(a) Single - family Residential - no landscape requirement.
(b) Multi- family Residential _ landscape required.
(c) General Commercial - landscape required.
(d) Highway Commercial - landscape required.
(e) Commercial Industrial - landscape required.
1101 32 PAGE 583
(f) Industrial - landscape required.
(g) Landscape Management - landscape required.
(h) Floodplain - landscape required'in developed areas.
(i) Other Landscape Areas. All areas utilized for subsurface
sewage disposal and treatment, except for single - family
residences are required to be landscaped, and maintained.
(3) Landscape Areal Requirements. Structural landscape requirements
for each building shall be a minimum five per cent of the gross
building area, and does not incl}ide landscaping in or around off -
street parking areas`, Jbut £tot ?£.maintained lafdscapedareas are
h __.
associated with subsurface-disposal-or treat*^eut.,. Areas subject,._1
to structural._landscape xequirements are:
(a) Foundations of structures
(b) Areas between structures ..ad.&.suffacedawdlkweYs :u
(c) Areas between structures and off-street parking areas
(d) Areas between buildings, the separation determined by fire
safety standards
(e) Areas around ground signs
(f) Areas between buildings and streets
(4) Landscape Type and Maintenance. Landscaped areas for structural
landscape, parking area, and subsurface sewage disposal and
treatment will be constantly maintained in a healthful, aesthetic
state. Utilization of native species, where appropriate will be
emphasized, where those species are normally associated with the
landtype being landscaped. Perennial groundcovers, shrubs, and
trees will be integrated into the landscape plan, to accomodate
a multi =storied vegetational succession. Ecologically adapted
species will be incorporated where native species utilization will
not provide the desired aesthetic response, or where more dense
vegetation is required for screening, or design purpose.
Section 34. Drainage of Impervious Surfaces. For Stte ”aa Review,
an applicant will supply a plan showing , surface drainage provision,
to compensate for infiltration losses due to impervious surfaces on the
subject property. Mitigation will be required at least for roof,
and off - street parking areas, to accomodate disposal of one inch depth
water for all impervious surfaces, by unfrozen ground. A surface
drainage system of channels will be required, to carry excess water
from fapid snow melt or intense thunderstorms, with more than one inch
depth of water, to a gravity -flow water disposal system, designed as
an integral part of the street /curb system.
Section 35. Remedies.
(1) Penalty. Any person violating a provision of this Ordinance shall,
upon conviction, be punished by imprisonment for not more than 30
78
VJL 32 pc 584
days, or by a fine of not more than $100, or both, for each offense.
A violation of this Ordinance shall constitute a separate offense
each day that the violation continues, pursuant to ORS 215.990.
(2) Enforcement - Alternative Remedy. In case a building or other
structure is, or is proposed to be located, constructed, maintained,
repaired, altered, or used, or land is or is proposed to be used
in violation of this Ordinance, the building or land thus in
violation of this Ordinance, shall constitute a nuisance, and the
County may, as an alternative to other remedies that are legally
available for enforcing this Ordinance, institute injunciton,
abatement, or other appropriate proceedins to prevent, enjoin,
temporarily or permanently, abate, or remove the unlawful location,
construction, amintenance, repair, alteration, or use.
Section 36. Emergency Clause. In that the Land Conservation and Develop-
ment Commission of the State of Oregon has required Deschutes County
to adopt a Zoning Ordinance for the Bend Area by May 31, 1979, in or-
der to be in compliance with Statewide planning goals affecting the
health, safety and general welfare of the public, an emergency is de-
clared to exist, and this Ordinance, pursuant to ORS 203.045(9) shall
take effect upon adoption.
ADOPTED By the City of Sisters City Council on
L
ATTEST:/
City Recorder
date
W94
Mayor -`2e0 /L5/'
Adopted by the Board of County Commissioners on
ATTEST:
County C1ert..
79
/. ?
date ' /
C�i�(an
Commissioner
Commissioner