Loading...
HomeMy WebLinkAboutOrdinance 014 - Farm Stands PAGE 1 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) Chapter 19.88. PROVISIONS APPLYING TO SPECIAL USE STANDARDS 19.88.010. Automobile Service Stations-Minimum Standards. 19.88.020. Kennels, Riding Academies and Public Stables. 19.88.030. Cemetery, Crematory or Mausoleum. 19.88.040. Churches, Hospitals or Other Religious Institutions. 19.88.050. Community Buildings, Social Halls, Lodges, Fraternal Organization and Clubs. 19.88.060. Drive-In Theaters. 19.88.070. Keeping of Livestock. 19.88.080. Repealed. 19.88.090. Temporary Permits For Manufactured Homes. 19.88.100. Mines, Quarries, Gravel Pits or Gravel Removal Sites. 19.88.110. Repealed. 19.88.120. Utilities. 19.88.130. Rear Lot Permits. 19.88.140. Home Occupation. 19.88.150. Landing Strips for Aircraft and Heliports. 19.88.160. Day Care Facility. 19.88.170. Housing for the Elderly. 19.88.180. Plant Nursery. 19.88.190. Hydroelectric Facilities. 19.88.200. Repealed. 19.88.210. Solar Setbacks. 19.88.220. Solar Access Permit. 19.88.230. Time-Share Unit. 19.88.240. Fill and Removal. 19.88.250. Dwelling Groups. 19.88.260. Bed and Breakfast Inn. 19.88.270. Temporary Use. 19.88.280. Manufactured Homes. 19.88.290. Farm Stands 19.88.010. Automobile Service Stations-Minimum Standards. A. Location. No portion of any service station shall hereafter be constructed within 1,500 feet of any part of a building housing another service station, except where such other service station is abandoned and subject to removal under DCC 19.88.010. This shall not prevent the remodeling of an existing service station. DCC 19.88.010(A) shall not apply to any service station which includes as part of its operation on the site a retail grocery store and a restaurant which provides indoor service and seating for restaurant customers. B. Minimum Lot Size. The minimum lot size for a service station site shall be 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 120 feet. The minimum lot depth shall be 100 feet. C. 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 appropriately landscaped as a continuation of the service station's required landscaping. PAGE 2 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) D. Screening. A sight-obscuring fence or wall not less than six feet or more than eight feet or an evergreen hedge planted at four feet and capable of obtaining six feet in height shall be provided between the service station and abutting property in a residential zone or used for residential purposes. Said wall, fence or hedge shall be reduced to 2.5 feet in vision clearance areas. A screened trash enclosure shall be provided on each station site. E. Landscaping. Landscaping shall be installed and maintained, occupying a minimum of five percent of the station site's net area. Plans for landscaping shall be approved during site plan review. F. 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 light fixtures shall be underground. G. Other Requirements. No storage of inoperative automobiles or parts thereof shall be permitted, except in enclosed structures, for any period exceeding 72 hours. Off-street parking space shall be provided for each attendant of the largest shift. Sales, storage and display of merchandise shall be conducted within a building, except for gasoline, oil, windshield wiper blades and other accessories of like size. Use of property for service station may also include the sale and installation of motor vehicle accessories, minor vehicle repairs (such as tune-ups, tire repair and the like), emergency vehicle repairs and any other sales, service or activity otherwise permitted within the zone. H. Abandonment. Whenever a service station is not used as such for a continuous period of nine months, all structures and facilities above and below the ground shall be removed by the owner. Operation for at least 90 consecutive days shall be required to interrupt a continuous nine-month period. All service stations which are unused for nine months as provided above are hereby declared to be nuisances and subject to abatement as provided in DCC Title 19. (Ord. 90-038 §1, 1990; Ord. 87-031 §1, 1987) 19.88.020. Kennels, Riding Academies and Public Stables. In an UAR-10 or SR 2 1/2 zone, kennels, riding academies and public stables shall be located not less than 200 feet from any property line, shall provide automobile and truck ingress and egress and also provide parking and loading spaces so designed as to minimize traffic hazards and congestion. Applicants shall show that odor, dust, noise and drainage shall not constitute a nuisance, hazard or health problem to adjoining property or uses. (Ord. 90-038 §1, 1990) 19.88.030. Cemetery, Crematory or Mausoleum. A cemetery, crematory or mausoleum shall have its principal access on a major street or road with ingress and egress so designed as to minimize traffic congestion and shall provide required SR or off-street parking space. Cemeteries located within any R zone or abutting such zone shall establish and maintain appropriate landscaping and screening to minimize the conflict with abutting residential uses. (Ord. 90-038 §1, 1990) 19.88.040. Churches, Hospitals or Other Religious Institutions. In any residential zone, churches, hospitals or other religious institutions may be located on an arterial or collector street. Such uses may also be located on a local street provided that there is sufficient access to arterial or collector streets and that such uses do not unduly impact residential areas. Access and required off-street parking shall be designed to minimize impact on existing traffic patterns and adjoining properties. All buildings shall be set back 30 feet from side and rear lot lines and all off-street parking facilities shall be screened from abutting properties. No sign shall exceed 10 square feet in size or be internally illuminated. (Ord. 88-044 §1, 1982) 19.88.050. Community Buildings, Social Halls, Lodges, Fraternal Organization and Clubs. All buildings shall be set back a minimum of 30 feet from a side or rear lot line. There shall be no external evidence of any incidental commercial activities taking place within the building. All such uses shall be located on a major street or road and be able to provide access without causing traffic congestion on local residential streets. PAGE 3 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) (Ord. 90-038 §1, 1990) 19.88.060. Drive-in Theaters. Drive-in theaters shall be located only on a major street or road, shall provide ingress and egress designed to minimize traffic congestion, shall be so screened from any residential zone or dwelling that any noise shall not disturb residents or prospective residents, shall maintain signs and other lights only in such a way as not to disturb neighboring residents and shall be so designed that the screen will be set back from and shall not be clearly visible from any highway. (Ord. 90-038 §1, 1990) 19.88.070. Keeping of Livestock. The Planning Commission may authorize the keeping of livestock as a conditional use in an RS, SR or R zone, subject to the following standards: A. One horse, cow, goat, sheep, swine or other livestock shall have a corral or pasture with a usable area of at least 7,500 square feet; two horses, cows, goats, sheep, swine or other livestock, at least 10,000 square feet; and for each additional horse, cow, goat, sheep, swine or other livestock, at least 5,000 square feet, but in no case shall the above use be allowed on any parcel of land less than one acre in size. B. No enclosure for horses, cows, goats, sheep, swine or other livestock shall be located closer than 100 feet to a neighboring dwelling. C. Fences erected in connection with the keeping of livestock shall be of lumber or other standard fencing material (not including barbed wire or electric fence), shall be kept in good repair and shall be at least four feet in height. A fence shall meet the setback requirements of the zone. (Ord. 90-038 §1, 1990) 19.88.080 (Repealed by Ord. 90-038 1990) 19.88.090. Temporary Permits for Manufactured Homes. Temporary use permits for manufactured home or trailer house type units may be authorized by the Planning Director in the following circumstances upon such terms and conditions as prescribed by the Planning Director. A. Temporary use permits may be granted in favor of schools for a specified time. B. Temporary use permits may be granted in residential zones for relatives of the family residing on the property if the manufactured home will be used because of a medical problem requiring the use of such a unit. The existence of a medical problem shall be supported by the certificate of a medical doctor. The permit shall not exceed one year and may only be renewed with another certificate from a medical doctor. C. Temporary use permits may be granted in connection with construction projects. The duration of such permits shall not continue beyond the construction period and the permit shall terminate upon occupancy of the building being constructed. The Building Official may issue such permits. (Ord. 90-038 §1, 1990) 19.88.100. Mines, Quarries, Gravel Pits or Gravel Removal Sites. Extractions from deposits of rock, stone, gravel, sand, earth, minerals or building or construction materials shall not be construed to be a permitted use in any zone of DCC Title 19 (except as outlined in DCC 19.16 for permitted uses in an SM zone) unless a conditional use permit shall first have been obtained as provided in DCC 19.100, except for on-site excavation and grading in conjunction with a specific construction or improvement project. The Planning Commission shall have the power to grant conditional use permits, which are valid for a specific period of time or are revocable, to permit extractions from deposits of rock, stone, gravel, sand, earth, minerals or building or construction materials. Odors, dust, noise or drainage shall not be permitted to create or become a nuisance to surrounding property. (Ord. 90-038 §1, 1990) 19.88.110 (Repealed by Ord. 90-038, 1990) PAGE 4 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) 19.88.120. Utilities. The erection, construction, alteration or maintenance by public utility or municipal or other governmental agencies of underground, overhead, electrical, gas, steam or water transmission or distribution systems, collection, communication, supply or disposal system, including poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but excluding buildings, may be permitted in any zone. Utility transmission and distribution lines, poles and towers may exceed the height limits otherwise provided for in DCC Title 19. However, in considering an application for a public utility use, the Hearings Body or Planning Director shall determine that the site, easement or right of way is located to best serve the immediate area, and in the case of a right of way or easement, will not result in the uneconomic parceling of land. As far as possible, transmission towers, poles, overhead wires, pumping stations and similar gear shall be located, designed and installed to minimize their effect on scenic values. (Ord. 90-038 §1, 1990) 19.88.130. Rear Lot Permits. A. Purpose. The purpose of DCC 19.88.130 to permit development of deep lots in residential areas which are incapable of being subdivided or otherwise developed under the strict application of DCC Title 19. No deep lots or other larger parcels of land may be developed under DCC 19.88.130 if the property is physically capable of being subdivided, either separately or in conjunction with adjacent properties, either now or in the future. Any property proposed to be developed under DCC 19.88.130 shall comply with all of the following eligibility and development requirements. B. Eligibility. Property must be less than four acres in area. Property must be so situated that further subdivision or segregation under terms of other applicable county ordinances and regulations is not possible, either individually or in conjunction with any other adjacent property. Minimum Area: Twice that required by the applicable zone. Minimum Depth: 200 feet. Minimum Width: As required by applicable zones. C. Development Standards. Provided the eligibility requirements are met, a permit may be issued subject to the following standards and criteria: 1. Front Parcel: Minimum Lot Width: Ten feet less than required by applicable zones. Minimum Lot Depth: 100 feet. Yard Requirements: Same as required in applicable zones. 2. Rear Parcel: Access Way Minimum: Twenty feet for first 150 feet; 30 feet if access way is greater than 150 feet. Maximum Access Way Width: Thirty feet. Yard Requirements: No building shall be erected within 10 feet of any property line. Area of rear lot shall be within 15 percent of the area of the front lot. Access way shall be paved and shall be an integral part of the rear lot. Development of property is subject to approval by the Planning Director or Hearings Body. Applicant shall submit a site plan for all buildings, structures and other improvements, such as roadways, walks and parking facilities to the Planning Director or Hearings Body for approval. All improvements made on the property shall conform to the plans as approved by the Planning Director or Hearings Body. (Ord. 90-038 §1, 1990) 19.88.140. Home Occupation. An occupation carried on within a dwelling by members of the family occupying the dwelling with no servant, employee or other persons being engaged, provided the occupation is conducted in such a manner as not to give an outward appearance nor manifest any characteristics of a business in the ordinary meaning of the term nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes. Such occupations shall be a secondary use on the premises, shall not occupy more than 25 percent of the floor area of one floor of the dwelling and there shall be no stock in trade stored or displayed or goods sold upon the premises. Signs shall be permitted according to the provisions of the sign ordinance. For purposes of DCC Title 19, nursery schools and kindergartens shall not be considered home occupations in residential zones. PAGE 5 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) (Ord. 90-038 §1, 1990) 19.88.150. Landing Strips for Aircraft and Heliports. All landing strips and heliports for aircraft shall be so designed and facilities so oriented that the incidence of aircraft passing directly over dwellings during their landing or taking off pattern is minimized. They shall be located so that traffic, both land and air, shall not constitute a nuisance to neighboring uses. The proponents shall show that adequate controls or measures will be taken to prevent offensive noise, vibrations, dust or bright lights. New landing strips and heliports shall not be construed to be a permitted use in any zone established by DCC Title 19 unless and until a conditional use permit has been secured therefore. (Ord. 90-038 §1, 1990) 19.88.160. Day Care Facility. Day care facilities shall have a minimum site size of 5,000 square feet and shall provide and thereafter maintain outdoor play areas with a minimum area of 100 square feet per child of total capacity. All outside play shall be enclosed by a fence of at least four feet but not more than six feet in height. Day care facilities and nursery schools shall provide adequate off-street parking and loading spaces and may be required to provide a driveway designed for continuous forward flow of passenger vehicles for the purposes of loading and unloading. (Ord. 88-042 §37, 1988) 19.88.170. Housing for the Elderly. The purpose of DCC 19.88.170 is to establish standards for housing developments for the elderly within the RH zone. Housing developments for the elderly shall be exempted from applicable zone regulations only insofar as the provisions in DCC 19.88.170 conflict with appropriate regulations. A. The minimum lot area for single and two-family dwellings shall be 5,000 square feet. For each additional dwelling unit, the original lot's area shall be increased by 360 square feet provided that more than 50 percent of the dwelling units shall be studio apartments. For the purpose of DCC 19.88.170, a studio apartment is defined as an apartment with one principal room and having no bedrooms. B. The combined lot coverage of all structures shall not exceed 50 percent of the lot area. C. Off-street parking shall be provided as follows: Total Off-Street Parking Area - .75 space per dwelling unit. Improved Off-Street Parking Area - .33 space per dwelling unit. As long as the multiple-family dwelling serves as housing for the elderly in terms of the original intent for the development, the smaller parking requirement shall apply. 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 or requires additional parking. In the event that the development ceases to serve as housing for the elderly in terms of the original intent of the development, and the larger off-street parking area does not meet the parking needs of the development, the Planning Commission may require development of the total or larger off-street parking area. (Ord. 90-038 §1, 1990) 19.88.180. Plant Nursery. A plant nursery deals primarily with raising and selling shrubs, trees, ornamental bedding plants and the like. Such a use may be approved in a UAR, SR 2 1/2, RS or RL zone upon compliance with the following standards: A. Location on an arterial street. B. If the proposed location is on a major highway, such as 97 or 20, then access to the site shall be from a frontage road or secondary street. C. Since these operations are commercial in nature, they shall be permanently and well landscaped, respecting the character of a residential area or entrance into the community. D. Site plan review shall consider the need for a subdued use of lights, the need for adequate parking, berms, screens, etc., for separation of parking and other activities from existing and future residences. (Ord. 90-038 §1, 1990) PAGE 6 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) 19.88.190. Hydroelectric Facilities. Low-head hydroelectric generating facilities shall be considered a conditional use in all zones subject to the procedures of DCC 19.100 and the following standards: A. No new hydroelectric facilities shall be constructed, and no existing hydroelectric facilities shall be enlarged or expanded in size of area or generating capacity on the following rivers and streams within the Bend Urban Growth Boundary: Tumalo Creek. B. Hydroelectric facilities are allowed as a conditional use on the Deschutes River within the Bend Urban Growth Boundary (from River Mile 171 below Lava Island Falls downstream to River Mile 160). Such conditional use within the Bend Urban Growth Boundary shall be governed by the conditions set forth in DCC 19.100. (Ord. 86-017 §15, 1986) 19.88.200. (Repealed by Ord. 99-001, 1999) 19.88.210. Solar Setbacks. A. Purpose. The purpose of DCC 19.88.210 is to provide as much solar access as practical during the winter solar heating hours to existing or potential buildings by requiring all new structures to be constructed as far south on their lots as is necessary and feasible. B. Standards. Every new structure or addition to an existing structure shall meet the following standards except as provided in DCC 19.88.210(C): 1. South Wall Protection Standard. The south wall protection standard is established in Appendix A, and all new structures or additions shall meet this standard if feasible. If it is not feasible due to physical constraints of the lot, including but not limited to, rock outcroppings, septic systems, existing legal restrictions or lot dimensions as determined by the Planning Director, then the structure or addition must be located as far to the south on the lot as feasible and must meet the standard set forth in DCC 19.88.210(B)(3)(b). 2. South Roof Protection Standard. All new structures or additions to existing structures shall meet the standard for south roof protection set forth in Appendix B. 3. Exceptions. The south roof protection standard shall not apply only if the applicant establishes: a. That the structure cannot be located on the lot without violating the requirements contained in Appendix B of Ordinance No. 83-041; and b. That the structure is built with its highest point as far to the south as feasible; and i. That the structure is a single-family residence with a highest point less than or equal to 16 feet high; or, if not a single-family residence; ii. That it is a permitted or conditional use for the lot. C. Exemptions. 1. The governing body may exempt from the provisions of DCC 19.88.210 any area which it determines unfeasible for solar use because the area is already substantially shaded due to heavy vegetation or steep north facing slopes and any area or zone in which taller buildings are planned. 2. The Planning Director shall exempt a structure from the provisions of DCC 19.88.210 if the structure will shade only a protected area in which solar uses are not feasible because the protected area is already substantially shaded at the time a request for exemption is made and approved by the Planning Director. 3. The Planning Director shall exempt a structure from the provisions of DCC 19.88.180, if the structure is in conformance with a solar height restriction as provided in Ordinance 81-043, Deschutes County Subdivision/Partition Ordinance, as amended. (Ord. 83-041 §3, 1983) 19.88.220. Solar Access Permit. A. Purpose. The purpose of DCC 19.88.220 is to provide solar access to productive solar collectors by establishing limitations, on a case-by-case basis, for the growth of vegetation on certain lots in the vicinity of a productive solar collector. PAGE 7 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) B. Application for Solar Access Permit. 1. Any owner may submit an application for a solar access permit to provide solar access for a productive solar collector located on the owner's real property. 2. The application for a solar access permit shall be on forms prescribed by the county and shall contain, at a minimum: a. A legal description of the applicant's lot, including a statement that the applicant is the owner of the lot, and a description of the nature of the applicant's interest in the lot. b. Documentation to show that the solar collector is or will be a productive solar collector within one year of application. c. Descriptive drawings of the solar collector showing its dimensions and precise location. d. A sunchart and a statement of the solar heating hours for which solar access is sought. e. A statement that there is no reasonable alternative location for the solar collector that would result in a lesser burden on a neighboring lot. f. A statement that trimming the vegetation on the applicant's lot will not permit an alternative location that would lessen the burden on a neighboring lot. g. A list of the lots that are within 150 feet to the south, southeast or southwest of the solar collector, including streets, alleys and other unbuildable areas; a legal description for each such lot; the owner of record and his address; the exempt vegetation located on the lot and any existing nonexempt vegetation likely to encroach on the protected area. h. A statement that none of the lots impacted are located on a north-facing slope with a grade that exceeds, on average, 15 percent. i. A plot plan showing the location of and delineating all exempt and nonexempt vegetation as shown on the sunchart photograph as well as any nonexempt vegetation not shown on the sunchart which may encroach on the protected area in the future. The plot plan shall also include: i. The exact site of the solar collector, its height and its orientation. ii. Scale. iii. An indication of true north. iv. A survey of the lot. 3. The solar access permit application shall be approved if: a. The solar collector is or will be a productive solar collector. b. The protected area to be created by the solar access permit is reasonably located. A solar access permit shall be denied under DCC 19.88.220(B)(3)(b) if the applicant could trim his own vegetation to permit an alternative location that would be less burdensome upon a burdened neighboring lot. A solar access permit shall also be denied under DCC 19.88.220(B)(3)(b) if there is an alternate location that would impose a lesser burden on a neighboring lot or lots. c. The applicant requests solar heating hours no greater than two hours before and after the solar zenith from September 22 to March 21, and three hours before and after the solar zenith from March 22 to September 21. d. The solar access provided by the permit does not burden any lot with a north-facing slope with a grade that exceeds, on average, 15 percent or which is more than 150 feet from the solar collector. 5. The application is accurate and complete. C. Solar Access Permit Issuance and Recordation. 1. Upon the approval of an application, the County shall issue and acknowledge a solar access permit creating the solar access requested in the application. 2. Upon receiving such a permit, the County Clerk shall: a. Record the solar access permit in the chain of title of the applicant's lot and of each neighboring lot identified in the application; and b. Keep a copy of the approved application on file in County Records. PAGE 8 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) 3. The form of the solar access permit shall be as prescribed by the County and shall contain at a minimum: a. A legal description of the applicant's lot and each neighboring lot to be burdened by the solar access created by the solar access permit. b. A complete description of the solar access restrictions applicable to each neighboring lot, including the solar heating hours during which solar access is provided and a sunchart showing the plotted skyline, including vegetation and structures, and a scaled drawing showing the size and location of the protected area and its orientation with respect to true south. c. A reference to where the approved application may be obtained. D. Obligation Created by Solar Access Permit. The owner of any lot burdened by a solar access permit shall trim any vegetation not exempted on the burdened lot that shades the protected area created by the solar access permit provided that there is no vegetation on the lot benefited by the solar access permit that also shades the protected area. The cost of such trimming shall be borne by the owner of the benefited lot if the vegetation existed at the time of permit application as shown on the plot plan, and for all other vegetation, by the owner of the burdened lot. Before any trimming is required, the collector owner must certify that the collector is still productive. E. Termination of Solar Access Permit. 1. The Planning Director shall terminate the solar access permit with respect to all or part of the neighboring lots burdened by the solar access permit if a petition for termination is submitted by the applicant or the applicant's successor in interest or the collector is not productive for 12 consecutive months. 2. The County Clerk shall record the termination of the solar access permit in the chain of title of each lot affected by the termination. (Ord. 83-041 §4, 1983) 19.88.230. Time-Share Unit. Purpose. The purpose of DCC 19.88.230 is to establish standards for time-share uses within the applicable zoning district in DCC Title 19. A. Any time-share unit shall have its primary access on a collector street that does not pass through an existing developed residential area or on an arterial. B. Time share units in any residential zone and the UAR-10 zone: 1. New time-share units may be developed in vacant areas in applicable zoning districts provided that such development complies with DCC 19.88.230(A) and the following: a. That the density of the development shall not exceed that of the existing predominant density pattern within 500 feet of the site. b. That such development is appropriately buffered by the use of yards, landscaping, etc., from adjoining properties as determined during site plan review considering the need for privacy and the effects of noise. 2. Development of time share units in the RM or RH zones may be allowed provided they comply with DCC 19.88.230(A) and are buffered from adjacent residentially zoned neighborhoods by yards, landscaping, berms or other similar features. 3. The Hearings Body or Planning Director may require bonds to assure installation and maintenance of landscaping, parking and facilities that are part of the buffering scheme. It may also require that an adequate mechanism will exist, such as an owners' association, that will assure maintenance of such required facilities. C. Each time-share unit shall be landscaped and buffered. The landscape and buffering plan shall be determined by site plan review giving consideration to the need for privacy and the effects of noise. D. No structure shall be utilized as a time-share unit unless all the units in a development or project are used as time-share units for this purpose. (Ord. 83-045 §12, 1983) PAGE 9 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) 19.88.240. Fill and Removal. Except as otherwise provided in DCC Title 19, no person shall fill or remove any material or remove any vegetation, regardless of the amount, within the bed and banks of any stream or river, or in any wetland, unless such fill or removal is approved as a conditional use in accordance with the following standards: A. An application shall be filed containing a plan with the following information. 1. A detailed explanation of the planned fill or removal including the amount of material to be filled or removed. 2. An explanation of why the fill or removal is necessary. 3. A site plan, drawn to scale and accompanied by such drawings, sketches and descriptions as are necessary to describe and illustrate the proposed fill or removal. The site plan shall, at a minimum, include: a. An inventory of existing vegetation. b. The proposed modifications, if any, to the vegetation. c. Existing and proposed site contours. d. Location of property lines, easements and high-water marks. e. Other site elements or information which will assist in the evaluation of the proposed fill or removal. B. Public facility and service uses, such as construction or maintenance of roads, bridges, electric, gas, telephone, sewer or water transmission and distribution lines and related facilities controlled by public utilities or cooperative associations shall not be granted conditional use permits to fill or remove unless the following findings are made: 1. That all necessary state and federal permits will be obtained as a condition of approval of the conditional use. 2. That the roads, bridges, transmission and distribution lines and related facilities cannot, as a practical matter, be located outside of the wetland or bed and bank of the stream or river. 3. That the construction or maintenance requiring the fill or removal will be done in a manner designed to minimize the adverse impact upon the wetland, stream or river. 4. That erosion will be adequately controlled during and after construction. 5. That the impacts on fish and wildlife habitat from the fill or removal will be minimized to the greatest extent practical. The Oregon Department of Fish and Wildlife will be requested to review and comment on the application. C. Fill or removal required for public park and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, public boat launching ramps, public docks and public walkways shall not be allowed as a conditional use unless the following findings are made: 1. That all necessary state and federal permits will be obtained as a condition of approval of the conditional use permit. 2. That only the minimum removal of vegetation or material and dredging or excavation necessary for construction and maintenance will be done. 3. That the specific location of the site will require the minimum amount of disturbance to the natural environment, considering alternative locations in the area and methods of construction. 4. That such construction and maintenance is designed and done in such a manner as to minimize the adverse impact on the site. 5. That erosion will be adequately controlled during and after construction. 6. That the impacts on fish and wildlife habitat by the fill or removal will be minimized to the greatest extent practical. The Oregon Department of Fish and Wildlife will be requested to review and comment on the application. D. Except for uses identified in DCC 19.88.240(B) and (C), an application for a conditional use permit for activity involving fill or removal of material or vegetation within the bed and banks of a stream, river or wetland: 1. Shall be granted only after consideration by the Planning Director of the following factors: PAGE 10 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) a. The effects on public or private water supplies and water quality. b. The effects on aquatic life and habitat and wildlife and habitat. The Oregon Department of Fish and Wildlife will be requested to review and comment on the application. c. Recreational, aesthetic and economic values of the affected water resources. d. Effects on the hydrologic characteristics of the water body, such as direction and velocity of flow, elevation of water surface, sediments transportation capacity, stabilization of the bank and flood hazards. e. The character of the area, considering existing stream bank, stabilization problems and fill or removal projects which have previously occurred. 2. Shall not be granted unless all of the following conditions are met: a. That all necessary state and federal permits will be obtained as a condition of approval of the conditional use. b. That there is no practical alternative to the proposed project which will have less impact on the surrounding area, considering the factors established in DCC 19.88.240(D)(1). c. That there will be no significant impacts on the surrounding area, considering the factors established in DCC 19.88.240(D)(1). d. That erosion will be adequately controlled during and after the project. e. That vegetation will maintain the essential character, quality and density of existing growth. Additional vegetation shall be required if necessary to protect aquatic life habitats, functions of the ecosystem, wildlife values and aesthetic resources or to prevent erosion. f. That the proposed fill or removal activity will be consistent with all relevant goals and policies of the Deschutes County Comprehensive Plan. g. That a conservation easement, as defined in DCC 19.04.040 shall be conveyed to the County which provides, at a minimum, that all elements of the project will be carried out and maintained as approved, in perpetuity, for the regulated fill or removal area, and all real property on the same lot within 10 feet of any wetland, river or stream. (Ord. 86-058 §2, 1986) 19.88.250. Dwelling Groups. Purpose. DCC 19.88.250 is intended to make possible a more desirable living environment than would be possible through a strict application of the provisions of DCC Title 19. It is intended to encourage reservation of a greater proportion of open space for visual and recreational uses; to encourage efficient, aesthetic and desirable uses of land; and to encourage greater diversity and variety in the physical development pattern of the County. A permit may not be issued for the erection of a dwelling group unless such dwelling group conforms to all of the following conditions and requirements: A. The area of the lot on which the dwelling group is to be erected shall be at least 20 percent greater than the aggregate of the minimum lot areas otherwise required for the individual dwellings in the group. B. Each building containing a dwelling in the group shall front either on a street or other public open space at least 50 feet wide or on a common yard or outer court, public or private, not less than 50 feet wide. C. The distances between two principal buildings shall not be less than the average of their heights and the distance between any principal buildings and the nearest lot line other than a front lot line shall not be less than the height of the building. D. Every building containing a dwelling in the group shall be within 60 feet of an access roadway or drive having a right of way of at least 20 feet in width providing vehicular access from a public street. E. Such dwelling group shall conform to all of the requirements of DCC Title 19 for the district in which it is to be located, except as provided in DCC 19.88.250. F. All dwelling groups shall be subject to site plan approval as provided in DCC 19.76. (Ord. 88-042 §36, 1988) PAGE 11 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) 19.88.260. Bed and Breakfast Inn. The inn shall be subject to an annual review for at least the first three years of operation after which time the Planning Director or Hearings Body, after public hearings, may approve a permanent permit for the inn. The following minimum standards shall also apply: A. All inns shall be owner-occupied. B. Each guest room shall have one off-street parking space, in addition to the parking required for the dwelling by the provisions of DCC 19.80. C. All inns shall be inspected and approved by the County Building Official prior to the issuance of an occupancy permit. Inspection is limited to egress and fire protection. Dwellings must meet all requirements for egress as defined in the State of Oregon Uniform Building Code. A fee shall be paid for inspections. D. Only rooms designed as sleeping rooms shall be used for guest rooms. Guest rooms shall be protected by a smoke detector as required by state code. E. There shall be at least 400 feet of separation along the same street between inns. F. Signing shall be in accordance with the County Sign Ordinance. G. The bed and breakfast inn shall maintain an up-to-date guest register listing all guests. H. If an approved inn is not established within one year of the approval date, or if the use of the residence as an inn lapses for over one year, the approval shall automatically expire and a new application will be required. I. All inns shall comply with the provisions of the County's Transient Room Tax Ordinance, where applicable. (Ord. 88-042 §36, 1988) 19.88.270. Temporary Use. Temporary structures and uses are permitted only after obtaining a temporary use permit from the Planning Director, and as follows: A. In the CC, CL, CG, CH and CB zones: 1. Christmas tree sales from November 26 to December 31. 2. Fireworks sales from June 23 to July 5. 3. Nonprofit organizations' fund-raising sales if the nonprofit status of said organization is recognized by the Internal Revenue Service, not to exceed 15 days in any 60-day period. B. In the CH zone, other temporary uses may be allowed for a period not to exceed 15 days in any 60-day period. Use of a parcel for more than one temporary use in any 60-day period shall be subject to site plan review in accordance with all standards of DCC Title 19. C. All temporary uses allowed by DCC 19.88.270(A) and (B) shall satisfy the following standards: 1. All necessary permits shall be obtained from the county Environmental Health and Building Divisions. 2. All signs shall not exceed a combined total of 32 square feet or a sign permit shall be obtained in accordance with the county sign ordinance. 3. All material employed in the temporary use, such as produce, shelters and debris, shall be removed by the applicant or property owner at the end of the activity. 4. Access and parking shall be adequate for the use. (Ord. 88-042 §36, 1988) 19.88.280. Manufactured Homes. A. General Provisions. 1. Manufactured home parks are permitted with site plan review approval in the RM and RH zones in accordance with the standards of DCC 19.88.280 and the standards for site plan approval. 2. In addition, manufactured home parks and subdivisions may be planned under the provisions for planned developments, which may be used to provide for individual ownership of manufactured homes and sites and common ownership and maintenance of other lands and facilities. PAGE 12 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) 3. Manufactured home subdivisions for Class A manufactured homes are permitted with site plan approval in the RS zone in accordance with the standards in DCC 19.88.280 and all other provisions of DCC Title 19. Manufactured home subdivisions for Class B manufactured homes are permitted as a conditional use in the RS zone in accordance with the standards of DCC Title 19. 4. Nothing in these provisions shall be interpreted as superseding deed covenants or restrictions. 5. Except as otherwise provided by DCC 19.88.280, the standards for subdividing and developing land within manufactured home parks and subdivisions shall be the same as for all other developments in accordance with the provisions of DCC Title 19. 6. State Requirements. Where standards for manufactured home developments are established by state law or Department of Commerce Administrative Rule, such requirements shall be in addition to the provisions of DCC 19.88.280. 7. Manufactured Housing Construction and Safety Standards Code (also referred to as the HUD Code). Title VI of the 1974 Housing and Community Development Act (42 U.S.C. 5401 et seq), as amended (previously known as the Federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder (including information supplied by the home manufacturer, which has been stamped and approved by a Design Approval Primary Inspection Agency, and agent of the U. S. Department of Housing and Urban Development pursuant to HUD rules), and regulations and interpretations of said code by the Oregon Department of Commerce, all of which became effective for manufactured home construction on June 15, 1976, shall be utilized as the minimum construction standard of the County with which all manufactured home placements shall comply, except as may be exempted by DCC 19.88.280. 8. Definitions. For purposes of DCC 19.88.280 only, the definitions of terms used herein and not defined in DCC 19.04.040 shall be as defined in ORS Chapter 446 or Oregon Administrative Rules Chapter 918, Division 500, as amended. B. Manufactured Home Classes. For purposes of these regulations, manufactured homes are divided into the following types: 1. A Class A manufactured home shall: a. Have more than 1,000 square feet of occupied space in a double section or larger multisection unit; b. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above grade; c. Have wheels, axles and hitch mechanisms removed; d. Have utilities connected in accordance with the requirements of the Building Codes Agency and the manufacturer's specifications; e. Bear an insignia of compliance with the Manufactured Housing Construction and Safety Standards Code; f. Have composition, shake, shingle or tile roofing materials. The roof pitch shall be a minimum of 3/12; g. Siding materials and trim shall be similar in appearance or complementary to other homes in the area, including the type, color and horizontal or vertical placement of materials; h. A garage or carport shall be constructed in conjunction with the placement of the manufactured home. It shall be of like materials and color to the dwelling; i. The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards equivalent to those required for single-family dwellings under the state building code as defined in ORS 455.010;. 2. A Class B manufactured home shall: a. Have more than 750 square feet of occupied space in a single, double, expando or multisection unit (including those with add-a-room units); b. Be placed onto a permanent foundation as required in DCC 19.88.280(C)(2); c. Have wheels, axles and hitch mechanisms removed; PAGE 13 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) d. Have utilities connected in accordance with manufacturer's specifications and Oregon Department of Commerce requirements; e. Bear an insignia of compliance with the Manufactured Housing Construction and Safety Standard Code as of June 15, 1976; f. Have composition, shake, shingle or tile roofing materials and a minimum pitch of 2/12; g. Have nonreflective siding materials and trim typical of new conventional built homes within the community; h. Have a carport or garage of like materials and color; 3. A Class C manufactured home shall: a. Have more than 320 square feet of occupied space in a single, double, expando or multisection unit (including those with add-a-room units); b. Be placed onto a support system in accordance with approved installation standards as specified in DCC 19.88.280(C)(2); c. Be enclosed with foundation siding/skirting in accordance with approved installation standards as specified in DCC 19.88.280(C)(2); d. Have utilities connected in accordance with manufacturer's specifications and Oregon Department of Commerce requirements; e. Bear an insignia of compliance with the Manufactured Housing Construction and Safety Standards Code as of June 15, 1976; f. Be in good repair and free of structural, electrical, mechanical and plumbing defects, any of which must be corrected prior to placement. 4. A Class D manufactured home is any manufactured home built prior to June 15, 1976, and under ORS Chapter 446 is not defined as a recreation vehicle. For purposes of determining appropriateness for placement, Class D manufactured homes shall: a. Have more than 320 square feet of occupied space; b. Be placed onto a support system in accordance with approved installation standards as specified in DCC 19.88.280(C)(2); c. Be enclosed with foundation siding/skirting in accordance with approved installation standards as specified in DCC 19.88.280(C)(2); d. Have utilities connected in accordance with manufacturer's specifications and Oregon Department of Commerce requirements; e. Be in good repair and free of structural, electrical, mechanical and plumbing defects, any of which must be corrected prior to placement. C. Manufactured Home Placement Standards. All manufactured homes placed within the Bend Urban Area after the effective date of DCC Title 19 shall comply with the following: 1. As defined in DCC 19.88.280(B), each manufactured home shall be classified as Class A, B, C or D, and shall be permitted within the following areas: a. Class A - Permitted in the UAR-10, SR 2 1/2, RS, RL, RM and RH zones, in manufactured home parks and as replacement to existing nonconforming manufactured homes. b. Class B - Permitted in manufactured home subdivisions approved as a conditional use in the RS zone and manufactured home parks, also permitted as replacements for existing nonconforming manufactured homes which would be classified as Class B, C or D. c. Class C - Permitted in all manufactured home parks. Also allowed as replacements for existing nonconforming manufactured homes in a manufactured home subdivision or park for units which would be classified as Class C or D and as replacements to any other Class D unit. d. Class D - Permitted only in manufactured home parks. 2. Foundations/Skirting Support Systems. a. All load-bearing foundations, supports and enclosures shall be installed in conformance with the regulations of the Building Codes Agency and with the manufacturer's installation specifications (reference Oregon Administrative Rules Chapter 814, Division 23). PAGE 14 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) b. All Class A and Class B manufactured homes outside of manufactured home parks shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above grade. The underfloor area shall contain a 24" X 30" exterior access for maintenance of utilities. c. Class A and B manufactured homes located in manufactured home parks and Class C and D manufactured homes must have enclosed perimeters as specified above or be installed with an approved foundation siding/skirting enclosing the entire perimeter of the home. Foundation siding/skirting and backup framing shall be weather-resistant, noncombustible or self-extinguishing materials which blend with the exterior siding of the home. Materials below grade level and for a minimum distance of six inches above finish grade shall be resistant to decay or oxidation. The siding shall be installed in accordance with manufacturer's recommendation or approved equal standards. 3. Except for a structure which conforms to the state definition of a manufactured home accessory structure, no other extension shall be attached to a manufactured home, except a garage or carport constructed to the Oregon State Structural Specialty Code. 4. All manufactured home lots and spaces shall be provided with storm drainage, sanitary sewer, electric, telephone and potable water utility services with easements dedicated where necessary to provide such services. All such utilities shall be located underground unless waived by the Planning Director where underground service would require an exception to local prevalent conditions. 5. Manufactured homes shall not be used for living purposes unless connected to local water, sewers and electrical systems. D. Manufactured Home Subdivisions. 1. Lot Size and Dimension Requirements. The minimum lot area and dimensions within a manufactured home subdivision shall be the same as that allowed within the zone. 2. Permitted Uses. Manufactured home subdivisions may contain manufactured homes and related accessory structures. 3. Setbacks. Setbacks for manufactured homes, modular homes and accessory structures shall be the same as provided in the zone, except that no manufactured home shall be located within 15 feet of another manufactured home. E. Manufactured Home Parks. 1. Minimum Area Required. All manufactured home parks shall consist of a minimum area of five acres. 2. Density. The maximum number of manufactured homes allowed within a manufactured home park shall not exceed 10 units per acre. The average area of a manufactured home site shall not be less than 4,000 square feet, excluding roadway, recreation areas and other accessory facilities. No manufactured home site shall be less than 2,000 square feet in area. 3. Access. Manufactured home park accesses shall be located on public streets improved to a minimum width of 36 feet and which are improved to a point intersecting a collector or arterial street. 4. Permitted Use. Manufactured home parks may contain manufactured homes and accessory structures permitted in DCC 19.76, community laundry and recreation facilities and other common buildings for use by park residents only, and one residence which may be other than a manufactured home for the use of a caretaker or a manager responsible for maintaining or operating the property. 5. Minimum Site Requirements. a. Park Streets. The minimum surfaced width of the roadway within an accessway shall be 24 feet if there is no parking allowed and 30 feet if parking is allowed on both sides. The first 50 feet of the accessway, measured from the public street, shall be surfaced to a minimum width of 30 feet and shall be connected to the existing public street according to plans approved by the County Public Works Department. PAGE 15 OF 15 – EXHIBIT “B” TO ORDINANCE 2008-014 (03/31/2008) b. Improvement Standards. The improvement of driveways, walkways, streets, drainage and other utilities shall conform to adopted state standards for such or shall conform to the county's standard specifications manual, whichever is more restrictive. (Ord. 91-001 §§6-10, 1991, Ord. 88-042 §36, 1988) 19.88.290. Farm Stands. Farm stands may be permitted within the UAR-10 zone subject to DCC 19.76, provided the following special use standards are also established: A. The minimum lot size of the subject parcel is at least ten (10) acres; B. The subject parcel is receiving non-exclusive farm use agricultural tax deferral; C. The subject parcel is improved with a single-family dwelling; D. The structures are designed and used for the sale of farm crops or livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area, including the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand if the annual sale of incidental items and fees from the promotional activity do not make up more than 25 percent of the total annual sales of the farm stand; and E. The farm stand does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops or livestock and does not include structures for banquets, public gatherings or public entertainment. (Ord. 2008-14, §3, 2008)