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HomeMy WebLinkAboutSunriver Amend - OrdinanceREVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 18, of the Deschutes County Code Zoning Code, and Declaring an Emergency. * ORDINANCE NO. 2008-015 WHEREAS, on May 17, 2007, SilverStar Development submitted an application to amend the Deschutes County Code ("DCC"), Title 18, zoning regulations for the Sunriver Urban Unincorporated Community ("UUC") to create a new Town Center District; and WHEREAS, the proposed amendments would create a new Town Center zoning district within the Sunriver UUC; and WHEREAS, on this same date, the Board of County Commissioners ("Board") adopted Ordinance 2008-013 amending DCC Title 23 to provide for the new Town Center District; and WHEREAS, the Planning Commission held public hearings on September 27, November 8 and December 13 and, on January 10, 2008, forwarded to the Board of County Commissioners ("Board") a recommendation of approval with proposed conditions; and WHEREAS, the Board considered this matter after public hearings on April 9 and April 30 and June 4 and June 25, 2008 and concluded that the public will benefit from changes to the zoning regulations; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.04.030, Definitions, is amended to read as described in Exhibit "A" attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in sti4lEethrettgh. Section 2. AMENDMENT. DCC 18.108, Urban Unincorporated Community Zone in Sunriver, is amended to read as described in Exhibit "B" attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. This is the version submitted by the applicant. Section 3. AMENDMENT. DCC 18.116, Supplementary Provisions, is amended to read as described in Exhibit "C" attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stethr. Section 4. AMENDMENT. DCC 18.124, Site Plan Review, is amended to read as described in Exhibit "D" attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stFilEethretigh. Section 5. FINDINGS. The Board adopts as its findings Exhibit "B", attached to Ordinance 2008-013 and incorporated by reference herein. PAGE 1 OF 2 - ORDINANCE NO. 2008-015 (6/25/08) Section 6. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: DENNIS R. LUKE, CHAIR TAMMY (BANEY) MELTON, VICE CHAIR Recording Secretary MICHAEL M. DALY, COMMISSIONER Date of 1st Reading: day of , 2008. Date of 2"d Reading: day of 2008. Record of Adoption Vote Commissioner Yes No Abstained Excused Michael M. Daly Dennis R. Luke Tammy (Baney) Melton Effective date: day of , 2008. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2008-015 (6/25/08) NOTE: *** denotes code provisions not amended by this ordinance. Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS 18.04.030. Definitions. As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030. "Below -grade parking garage," for purposes of DCC 18.108.055, is a parking garage where the floor of the garage is below the average finished grade of a building, and: A. For a Mixed Use Structure, the level above the garage provides the primary point of pedestrian access to commercial uses in the building. B. For all other structures, the floor level directly above the garage level is less than six feet above the average level of the adjoining grade. "Health and fitness facility" means a building or series of buildings within which recreational amenities are included. Such facilities typically include, but are not limited to, any combination of the following recreational amenities and uses: swimming pool, basketball court, racquetball court, weight room, exercise room or tennis court, and instruction and counseling related to health and fitness. "Height of building" means the vertical distance from grade to the highest point of the roof. "High-value farmland" means land in a tract composed predominantly of the following soils when they are irrigated: Agency loam (2A and 2B), Agency sandy loam (1A), Agency -Madras complex (3B), Buckbert sandy loam (23A), Clinefalls sandy loam (26A), Clovkamp loamy sand (27A and 28A), Deschutes sandy loam (31A, 31B and 32A), Deschutes-Houstake complex (33B), Deskamp loamy sand (36A and 36B), Deskamp sandy loam (37B), Era sandy loam (44B and 45A), Houstake sandy loam (65A, 66A and 67A), Iris silt loam (68A), Lafollette sandy loam (71A and 71B), Madras loam (87A and 87B), Madras sandy loam (86A and 86B), Plainview sandy loam (98A and 98B), Redmond sandy loam (104A), Tetherow sandy loam (150A and 150B) and Tumalo sandy loam (152A and 152B). In addition to the above described land, high- value farmland includes tracts growing specified perennials as demonstrated by the most recent aerial photography of the Agricultural Stablization and Conservation Service of the United States Department of Agriculture taken prior to November 4, 1993. For purposes of this definition, "specified perennials" means perennials grown for market or research purposes including, but not limited to, nursery stock, berries, fruits, nuts, Christmas trees or vineyards but not including seed crops, hay, pasture or alfalfa. "Highest shade producing point" means the highest shade producing point of the structure two hours before and after the solar zenith on December 21. "Height of building" m-ans the vertical distance from grade to the highest point of the roof. *** "Hotel/motel unit" means a single room, or suite of rooms, however owned, including but not limited to the condominium form of ownership, within a multiple unit building that provides separately rentable overnight sleeping accommodations on a temporary basis that are not available for residential use. X13 PAGE 1 OF 2 — EXHIBIT "A" TO ORDINANCE 2008-015 (6/25/2008) *** "Live/work dwelling" is a use permitted in the La Pine Urban Unincorporated Community, La Pine Neighborhood Planning Area, and Residential Center District in which a business may be operated on the ground floor. The ground floor commercial or office space has visibility, signage and access from the primary street. To preserve the pedestrian orientation of the commercial or office space, alley access is required for parking. The location of lots where live/work dwellings may be sited shall be specified on the subdivision plat. The live/work housing types are defined below: A. Live/work house: A single-family detached house with no more than 50 percent of the first story of the building available as commercial or office space. B. Live/work town home: A residential, fee simple town home unit in which a business may be operated. The commercial or office portion of the building shall be limited to the ground floor and may not exceed 50 percent of the square footage of the entire building, excluding the garage. "Live/work residence," for purposes of DCC 18.108.055, is a residential dwelling unit, designed for occupancy by one family, in which a commercial business may be operated on the ground floor of the residential unit. *** "Lock -off Area," for purposes of DCC 18.108.055, means a part of one dwelling unit that has all of the following characteristics; (a) a sleeping area that is separated by an interior, locking door that bars access from the sleeping area to the remainder of the dwelling unit; and (b) the separated sleeping area has a separate, external point of access; and (c) is used to provide overnight accommodations on a temporary basis. *** "Mixed Use Structure," for purposes of DCC 18.108.055, is a structure or building that contains residential dwellings and/or resort hotel units that also contains commercial uses. "Townhome," for purposes of DCC 18.108.055, is a multi -story residential fee simple dwelling unit designed for occupancy for one family that shares a common wall with another building. *** (Ord. 2008-015 §1, 2008; Ord. 2007-005 §1, 2007; Ord. 2007-020 §1, 2007; Ord. 2007-019 §1, 2007; Ord. 2006-008 §1, 2006; Ord. 2005-041 §1, 2005; Ord. 2004-024 §1, 2004; Ord. 2004-001 §1, 2004; Ord. 2003- 028 §1, 2003; Ord. 2001-048 §1, 2001; Ord. 2001-044 §2, 2001; Ord. 2001-037 §1, 2001; Ord. 2001-033 §2, 2001; Ord. 97-078 §5, 1997; Ord. 97-017 §1, 1997; Ord. 97-003 §1, 1997; Ord. 96-082 §1, 1996; Ord. 96-003 §2, 1996; Ord. 95-077 §2, 1995; Ord. 95-075 §1, 1975; Ord. 95-007 §1, 1995; Ord. 95-001 §1, 1995; Ord. 94-053 §1, 1994; Ord. 94-041 §§2 and 3, 1994; Ord. 94-038 §3, 1994; Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8, 1994; Ord. 94-001 §§1, 2, and 3, 1994; Ord. 93-043 §§1, 1 A and 1B, 1993; Ord. 93-038 §1, 1993; Ord. 93-005 §§1 and 2, 1993; Ord. 93-002 §§1, 2 and 3, 1993; Ord. 92-066 §1, 1992; Ord. 92-065 §§1 and 2, 1992; Ord. 92-034 §1, 1992; Ord. 92-025 §1, 1992; Ord. 92-004 §§1 and 2, 1992; Ord. 91-038 §§3 and 4, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §1, 1991; Ord. 91-002 §11, 1991; Ord. 90-014 §2, 1990; Ord. 89- 009 §2, 1989; Ord. 89-004 §1, 1989; Ord. 88-050 §3, 1988; Ord. 88-030 §3, 1988; Ord. 88-009 §1, 1988; Ord. 87-015 §1, 1987; Ord. 86-056 §2, 1986; Ord. 86-054 §1, 1986; Ord. 86-032 §1, 1986; Ord. 86-018 §1, 1986; Ord. 85-002 §2, 1985; Ord. 84-023 §1, 1984; Ord. 83-037 §2, 1983; Ord. 83-033 §1, 1983; Ord. 82- 013 §1, 1982) PAGE 2 OF 2 - EXHIBIT "A" TO ORDINANCE 2008-015 (6/25/2008) Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE - SUNRIVER 18.108.010. Purpose. 18.108.020 Standards for All Districts. 18.108.030. Single Family Residential — RS District. 18.108.040. Multiple Family Residential — RM District. 18.108.050. Commercial — C District. 18.108.055 Town Center —TC District 18.108.060. Resort — R District. 18.108.070. Resort Marina — RA District. 18.108.080. Resort Golf Course — RG District. 18.108.090. Resort Equestrian — RE District. 18/108.100. Resort Nature Center — RN District. 18.108.110. Business Park — BP District. 18.108.120. Community General — CG District. 18.108.130. Community Recreation — DR District. 18.108.140 Community Limited — CL District. 18.108.150 Community Neighborhood — CN District. 18.108.160. Airport — A District. 18.108.170 Utility — U District. 18.108.180. Forest — F District. 18.108.190. Flood Plain — FP Combining District. 18.108.010. Purpose. The purpose of the Urban Unincorporated Community (UUC) Zone - Sunriver is to provide standards and review procedures for the future development of the urban unincorporated community of Sunriver. The UUC Zone - Sunriver is composed of 17 separate. zoning districts and one combining zone district, each with its own set of allowed uses and distinct regulations, as further set forth in DCC 18.108. (Ord. 2008-015, §2, 2008; Ord. 2007-019, §2, 2007; Ord. 97-078 §2, 1997) 18.108.020. Standards in All Districts. A. Approval Required. Any use in an RM, C, R, TC, RA, RG, RE, RN, BP, CG, CR, CL, CN, A, U or F District shall be subject to DCC 18.124. All uses listed as conditional uses within the RS District are also subject to the requirements of DCC 18.124. B. Solar Setbacks. The setback from the north lot line shall meet the solar setback requirements of DCC 18.116.180. B. Solar Setbacks. 1. The setback from the north lot line shall meet the solar setback requirements of DCC 18.116.180, with the exception of land in the TC District described in subsection (B)(2), below. 2. The development of land located within the TC District is exempt from the requirements of the solar setback requirements of DCC 18.116.180 unless a proposed building casts a shadow on land: a. Located outside of the C or TC Districts, other than roadway areas; or b. Described in DCC 18.108.050(C)(1) as eligible for residential development. 3. All development shall take advantage of passive solar to the extent practicable. C. Building Code Setbacks. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or Deschutes County under DCC 15.04 shall be met. PAGE 1 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) D. Off -Street Parking and Loading. Off-street parking and loading shall be provided subject to the parking provisions of DCC 18.116. E. Outdoor Lighting. All outdoor lighting shall be installed in conformance with DCC 15.10. F. Excavation, Grading and Fill and Removal. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland shall be subject to DCC 18.120.050 and/or DCC 18.128.270. G. Signs. All signs shall be constructed in accordance with the provisions of DCC 15.08. (Ord. 2008-015, §2, 2008; Ord. 2007-019 §2, 2007; Ord. 97-078 §2, 1997) 18.108.030. Single Family Residential - RS District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Single-family dwelling. 2. Recreational path. B. Conditional Uses Permitted. The following uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Park, playground and picnic and barbecue area. 2. Fire station. 3. Library. 4. Museum. 5. Health and fitness facility. 6. Utility substations or pumping stations with no equipment storage or sewage treatment facilities. 7. Temporary subdivision sales office. 8. Community building. 9. Church. C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height, except as allowed under DCC 18.120.040. D. Lot Requirements. The following lot requirements shall be observed, provided that the Planning Director or Hearings Body may allow smaller lots approved pursuant to DCC Title 18 and consistent with the Comprehensive Plan designations for preservation of forested area or significant rock outcroppings when these lots are internal to the subdivision or after a hearing if they are located on the edge of the new plat. 1. Lot Area. Every lot shall have a minimum area of 6,000 square feet. 2. Lot Width. Every lot shall have a minimum average width of 60 feet, except that a corner lot shall be a minimum of 70 feet. 3. Frontage. Every lot shall have a minimum width at the street of 50 feet, except that on an approved cul-de-sac this may be reduced to 30 feet. 4. Front Yard. The front yard shall be a minimum of 20 feet. 5. Side Yard. A side yard shall be a minimum of five feet for structures up to 21 feet in height. All structures greater than 21 feet in height shall have a minimum side yard of 7.5 feet, including additions thereto. 6 Rear Yard. The rear yard setback for properties which do not have a common area adjoining the rear property line shall be a minimum of 25 feet. The rear yard setback is zero for properties with a rear property line which adjoins a common area that is 50 feet or greater in depth. The rear yard setback for properties which adjoin common area less than 50 feet in depth shall be calculated at six inches for every one foot less than 50 feet. The depth of the common area adjoining the rear yard shall be determined to be the average depth of the common area when measured at 90 degree angles at 10 foot intervals along the entire length of the rear property line. 7 Lot Coverage. Maximum lot coverage by buildings and structures shall be 35 percent of the lot area. PAGE 2 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) 1 (Ord. 2004-013 §11, 2004; Ord. 98-035 §2, 1998; Ord. 97-078 §2, 1997) 18.108.040. Multiple Family Residential - RM District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Two-family dwelling or duplex. 2. Multiple -family dwellings, apartment houses and dwelling groups including townhouses and condominiums. 3. Uses permitted outright in the RS District. 4. Planned unit developments and redevelopment. 5. Recreational path. 6. Residential home. 7. Residential facility. 8. Type 1 Home Occupation, subject to DCC 18.116.280. B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit. 1. Park, playground and picnic and barbecue area. 2. Fire station. 3. Library. 4. Museum. 5. Utility substations or pumping stations with no equipment storage or sewage treatment facilities. 6. Off-street parking lots when contiguous to a less restrictive zoning district. 7. Community center. 8. Church. 9. Temporary sales office for on-site dwelling units. 10. Interval ownership and/or time-share unit or the creation thereof. 11. Health and fitness facility. C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. D. Lot Requirements. The following lot requirements shall be observed: 1. Duplexes, three-plexes and four-plexes: a. Lot Area. Every lot shall have a minimum area of 5,000 square feet for the first dwelling unit, plus the following minimum land area based upon the number of bedrooms per additional dwelling unit in the following table: Studio or Efficiency 750 sq. ft. 1 Bedroom 1,000 sq. ft. 2 Bedrooms 1,500 sq. ft. 3 Bedrooms 2,250 sq. ft. 4 Bedrooms 2,500 sq. ft. The overall density shall not exceed eight dwelling units per acre. b. Lot Width. Every lot shall have a minimum average width of 50 feet. c. Frontage. Every lot shall have a minimum width at the street of 50 feet, except that on an approved cul-de-sac this may be reduced to 30 feet. d. Front Yard. The front yard shall be a minimum of 10 feet. e. Side Yard. There shall be a minimum side yard of five feet and the sum of the side yards shall be a minimum of 15 feet. The side yards shall be increased by one-half foot for each foot by which the building height exceeds 15 feet. PAGE 3 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) f. Rear Yard. There shall be a rear yard having a depth of not less than five feet. The rear yard shall be increased by one-half foot for each foot by which the building height exceeds 15 feet. g. Lot Coverage. Maximum lot coverage by buildings and structures shall be 40 percent of the total lot area. 2. Townhouses, condominiums, zero lot line dwellings and apartments: a. There shall be no minimum lot area for apartments, townhouses, condominium developments or planned unit developments provided, however, that the overall density shall not exceed eight dwelling units per acre. b. Setbacks. Yard setbacks, lot widths and lot coverage shall be determined at the time of site plan approval. 3. Single Family Residences. a. Lot widths, yard setbacks and lot coverage shall be the same as provided in the RS District, provided that the overall density shall not exceed eight dwelling units per acre. E. Off -Street Parking. Off-street parking shall be provided for a minimum of two cars per dwelling unit. (Ord. 2004-002 §22, 2004; Ord. 99-036 §1, 1999; Ord. 97-078 §2, 1997) 18.108.050. Commercial - C District. A. Uses Permitted Outright. Any combination of the following uses and their accessory uses are permitted outright in the C district. 1. Recreational path. 2. Ambulance service. 3. Library. 4. Church. 5. Bus stop. 6. Community center. 7. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Retail/rental store, office and service establishment. b. Art galleries c. Dry cleaner and/or self-service laundry establishment. d. Radio and television sales and service. e. Radio and television broadcasting studios and facilities, except towers. f. Restaurant, bar and cocktail lounge, including entertainment. g. Automobile service station. h. Technical and business school. i. Catering establishment. j. Crafts in conjunction with retail sales (occurring on premises, such as stained glass/pottery, etc.). k. Medical and dental clinic, office and laboratory. 1. Theater not exceeding 4,000 square feet of floor area. 8. Multiple -family residential dwelling units, subject to the provisions of DCC 18.108.050(C)(1). 9. Residential dwelling units constructed in the same building as a commercial use, subject to the provisions of DCC 18.108.050(C)(2). 10. Post Office. 11. Administrative and office facility associated with a community association or community use. 12. Police facility. B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit. 1. Public buildings and public utility buildings and structures. PAGE 4 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) 2. Club, lodge or fraternal organization. 3. Commercial off-street parking lot. 4. Bus passenger station. 5. Interval ownership and/or time-share unit or the creation thereof. 6. Miniature golf. 7. Bed and breakfast inn. 8. Inn. 9. Residential facility. 10. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Bowling alley. b. Car wash. c. Dancing or music school, nursery school, kindergarten and day-care facility. d. Theater exceeding 4,000 square feet in floor area. e. Veterinary clinic or kennel operated entirely within an enclosed building. f. Automotive repair and maintenance garage, or tire store, provided the business is wholly conducted within an enclosed building. C. Use Limits. 1. Multiple -family residential dwelling units, allowed on the nine acres vacant as of December 31, 1997 in the C District, shall be subject to the provisions of DCC 18.108.040(C) and (D), and the following requirements: a. No dwelling unit shall have more than three bedrooms. b. Individual dwelling units shall not exceed 2,250 square feet of habitable floor area. c. One off-street parking space shall be provided for each bedroom within each dwelling unit, with a maximum of two spaces allowed per dwelling unit. 2. Residential dwelling units constructed in the same building as a commercial use developed in the C district shall be subject to the following requirements: a. Residential dwelling units shall be developed above first floor commercial use. b. No dwelling unit shall have more than two bedrooms. c. Individual dwelling units shall not exceed 850 square feet of floor area. d. One off-street parking space shall be provided for each bedroom within each dwelling unit. 3. Uses permitted either outright or conditionally in the C District shall not involve the transport of chemicals which would present a significant hazard. D. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.050(A)(7) or DCC 18.108.050(B)(10) may be allowed in a building or buildings each exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body fords: 1. That the intended customers for the proposed use will come from the community and surrounding rural area, or the use will meet the needs of the people passing through the area. For the purposes of DCC 18.108.050(D), the surrounding rural area shall be that area identified as all property within five miles of the boundary of the Sunriver Urban Unincorporated Community; 2. The use will primarily employ a work force from the community and surrounding rural area; and 3. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor space. E. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. F. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yards shall be a minimum of 10 feet. PAGE 5 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yards shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. (Ord. 2003-026 §1, 2003; Ord. 98-016 §1, 1998; Ord. 97-078 §2, 1997) 18.108.055 Town Center — TC District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the TC District. 1. Park or plaza. 2. Library. 3. Community center. 4. Visitors center. 5. A building, or buildings each not exceeding 8,000 square feet of floor space, unless approved as a Large Scale Use pursuant to DCC 18.108.055(C), including any of the following uses: a. Retail/rental store, office, civic and service establishment. b. Grocery store. c. Art gallery. d. Restaurant, bakery, delicatessen, pub, cocktail lounge, including entertainment. e. Health care service including medical and dental clinic, office, pharmacy, and laboratory but excluding nursing homes. f. Health & fitness facility. g. Barber, beauty shop or spa. h. Child care center, preschool and daycare facility. i. Bank. j. Post office. k. Veterinary clinic (without animal boarding facilities). 1. Crafts in conjunction with retail sales (occurring on premises such as sculpture, stained glass, pottery, etc.). m. Meeting room, convention and banquet facility. n. Property sales, mortgage, management or rental office. o. Movie theater. 6. Multi -family Residential, subject to paragraphs (E)(1) and (2). 7. Developed recreational facilities, outdoors or in a building or buildings each not exceeding 8,000 square feet of floor space, unless approved as a Large Scale Use pursuant to DCC 18.108.055(C), including, but not limited to the following facilities: a. Indoor and outdoor swimming pools. b. Ice skating rink. c. Indoor and outdoor tennis courts. d. Indoor and outdoor basketball court or other ball field. e. Physical fitness facilities. f. Park, playground and picnic and barbeque area. g. Walkways, bike paths, jogging paths. h. Bowling alley. i. Arcade. 8. Hotel with up to 100 hotel units in a single building. PAGE 6 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) 9. Mixed Use Structure, subject to the rules of DCC 18.108.055(E)(3) and a limit of 8,000 square feet of floor space for commercial uses listed in DCC 18.108.055(A)(5) or recreational uses listed in DCC 18.108.055(A)(7), unless said uses are approved as large scale uses pursuant to DCC 18.108.055(C). 10. Residential Facility. 11. Senior housing/assisted living or active adult development, excluding nursing homes. 12. Townhomes, subject to paragraphs (E)(1) and (2). 13. Accessory uses to uses permitted outright, including, but not limited to, parking facilities, private roads, storage facilities, trash receptacles and recycling areas. 14. Similar uses to those allowed outright, provided they are approved by the County in the decision approving the Conceptual Site Plan described in DCC 18.108.055(K). B. Conditional Uses Permitted. The following conditional uses may be permitted pursuant to the provisions of DCC 18.128, Conditional Use Permits. 1. Public buildings and public utility buildings and structures. 2. Bed and breakfast inn. 3. Ambulance service. 4. Fire station. 5. Police station. 6. Bus passenger station. 7. Live/work residence. 8. Stand-alone parking structure. 9. Accessory uses to the above -listed conditional uses. C. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.055(A)(5) or (A)(7) may be allowed in a building or buildings each exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body finds: 1. That the intended customers for the proposed use will come from the Sunriver community and surrounding rural area. The surrounding rural area is the area identified as all property within five miles of the boundary of the Sunriver Urban Unincorporated Community; and/or 2. The use will meet the needs of the people passing through the area. D. Form of Ownership/List of Uses. 1. Any lawful form of ownership is allowed in the TC District. 2. The listing of uses permitted in the TC District is not intended to prohibit other uses allowed elsewhere in Sunriver. 3. When a general use listed in the TC District includes a use or type of ownership that is more specifically described in another zone in Sunriver, the specific listing elsewhere does not prohibit that use from being conducted in the TC District. E. Use Limits. 1. Commercial uses, except for Type 1 home occupations as defined in DCC 18.116.280, are not allowed in Multi -family Residential buildings or Townhomes. 2. Notwithstanding subsection (E)(1), above, the following uses are allowed in Multi -family Residential buildings or Townhomes: a. Live/work residences. b. Lock -off areas. c. Accessory uses to the residential use of the building, such as parking and storage areas. 3. In a Mixed Use Structure, any ground floor unit that has primary frontage along a public plaza approved as part of a Conceptual Site Plan shall be used only for commercial, recreational or community/governmental uses, but not for hotel units. 4 A live/work residence is subject to the following conditions. PAGE 7 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) a. One or more walls of the residence adjoin another residential or commercial building. b. The first floor above the garage is the ground floor, where a parking garage is provided below a residence, below the average finished grade and is completely obscured from view on at least one side of the building. c. The commercial area of the live/work residence may not exceed fifty percent (50%) of the square footage of the entire unit, excluding the garage. d. The commercial area shall not exceed 8,000 square feet in combination with other commercial uses in the same building unless the building has been approved as a part of a Large Scale Use pursuant to DCC 18.108.055(C). F. Building Height Regulations. 1. Except as provided in subsection (2), below, no Mixed Use Structure shall be erected, enlarged or structurally altered to exceed 60 feet in height. 2. One Mixed Use Structure shall be permitted with a maximum height not to exceed 75 feet in height, so long as the building footprint of that portion of said building that exceeds 60 feet in height is not greater than 40,000 square feet of the footprint. 3. Townhomes may not exceed 40 feet in height. 4. Multi -family Residential buildings that are not Mixed Use Structures may not exceed 50 feet in height. 5. The height of all other buildings for uses other than those described in subsections (F)(1)-(4), above, may not exceed 45 feet in height. 6. Where a parking garage is provided beneath buildings or structures described in subsection (F)(1) and (2), above, the height of the building shall be measured from the highest point of the roof to one of the following points: a. A point equal to the elevation of the highest adjoining sidewalk or ground surface within a five foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest elevation adjacent to the building; or b. A point equal to the elevation that is 10 feet higher than the lowest grade from the sidewalk or ground surface described in subsection (i), above, when the sidewalk or ground surface described in subsection (i) is more than 10 feet above lowest grade adjacent to the building. 7. Projections and architectural elements such as chimneys, spires, clock towers, skylights, atriums, flag poles, mechanical equipment and screens and other similar items that do not add habitable interior floor area may be allowed to exceed the height limit by a maximum of 10 feet. 8. Buildings that comply with the height limitations of this subsection also comply with the view protection requirement imposed by DCC 18.124.060(A). G. Lot Requirements. The following lot requirements shall be observed. 1. Front yard: the front yard shall be a minimum of 10 feet. a. Where a lot has more than one front yard, only one front yard must meet the 10 feet minimum. b. Below -grade parking structures that are built under private streets do not need to meet front yard setback requirements. 2. Side yard: 0 feet. 3. Rear yard: 0 feet. 4. Frontage: 0 feet. 5. Road Access. a. Each lot shall have access to any required parking areas and driveways, and to a private road, via a perpetual easement recorded for the benefit of the subject lot. H. District Setback. 1. All development, including structures and sight -obstructing fences over three feet in height, shall be set back from exterior TC District boundaries by the following distances: PAGE 8 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) a. Where the TC District boundary borders an RS or RM District, the minimum setbacks will be: i. 15 feet from the TC District boundary for any portion of a building that is 45 feet or lower. ii. 20 feet from the TC District boundary for any portion of a building that is over 45 feet in height and that does not exceed 50 feet in height. iii. 50 feet from the TC District boundary for any portion of a building that is over 50 feet in height. b. Where the TC District boundary borders a CL District, the minimum setbacks will be: i. Five feet from the TC District boundary for any portion of a building that is 45 feet or lower. ii. 10 feet from the TC District boundary for any portion of a building that is over 45 feet in height and that does not exceed 50 feet in height. iii. 20 feet from the TC District boundary for any portion of a building that is over 50 feet in height and that does not exceed 60 feet in height. iv. 50 feet from the TC District boundary for any portion of a building that is over 60 feet in height. c. Where the TC District boundary borders any other zoning district, the minimum setback will be: i. 10 feet from the TC District boundary for any portion of a building that is 45 feet in height or lower. ii. 15 feet from the TC District boundary for any portion of a building that is over 45 feet in height and that does not exceed 50 feet in height. iii. 20 feet from the TC District boundary for any portion of a building that is over 50 feet in height. 2. Items allowed in the District Setback include, but are not limited to, parking, roads, signage, pedestrian pathways, street trees, planters, driveways, landscaping, and outdoor seating. I. Floor Area Ratio. 1. The maximum Floor Area Ratio in the TC District is 1.0. 2. Floor Area Ratio is determined by dividing the enclosed floor area of all floors of all buildings that are proposed by a Conceptual Site Plan by the land area to be bound by the Conceptual Site Plan. 3. The following areas are not a part of the "enclosed floor area of all buildings": a. Below -grade parking garages and mechanical rooms and storage areas located on the same floor as the parking garage. b. Crawl spaces and attics that are not suited to human occupancy. J. Zone Coverage. 1. The total square footage of the building footprints of buildings and enclosed structures is limited to fifty percent (50%) of the gross acreage bound by a Conceptual Site Plan in the TC District. 2. The total square footage of the building footprints of Multi -family Residential and Townhome buildings allowed by DCC 18.108.055(A)(6) and (12) is limited to a maximum of twenty percent (20%) of the gross acreage of the TC District. 3. When calculating the building footprint, buildings and enclosed structures include any deck that is more than 12 inches above finished grade and all areas within any screened enclosure permanently affixed to the ground. 4. The following are not included as building or structures for purposes of calculating building footprint: a. Eaves and any driveway, road, walkway, deck, patio, plaza, or porch that is 12 inches or less above finished grade (except with affixed improvements that exceed 12 inches); and b. Parking areas on or below finished grade. PAGE 9 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) K. Conceptual Site Plan. 1. Prior to or concurrent with approval of a site plan or conditional use permit, an applicant must file for approval of a Conceptual Site Plan. 2. A Conceptual Site Plan shall provide a master plan that depicts the approximate location of all. of the applicant's proposed land uses. 3. All land owned or controlled by the applicant in the TC District must be shown on and will be bound by the applicant's Conceptual Site Plan. 4. A Conceptual Site Plan application must include all of the following information: a. Types of uses. b. Site circulation. c. Pedestrian Facilities. d. Traffic impact study, as described in DCC 17.16.115. e. The following additional information: i. An analysis of site access points to Abbott Drive and Beaver Drive by a registered professional engineer who specializes in traffic analysis work that describes operational, capacity and sight distance issues of those access points and the impact of Conceptual Site Plan development on those access points. ii. Identification of street system improvements needed to support the proposed development based on the information provided by the reviews required by this subsection (d). iii. A schedule for the construction of needed street improvements, if any, keyed to development benchmarks. f. Approximate location of phase boundaries, if phased development is proposed, and notation of the phasing sequence. g. The projected location and projected range of building or structure size, in square feet, for commercial uses. h. The projected location and projected range of the number of dwelling units for residential use. i. The projected location and approximate size, in square feet, of plazas and public gathering areas. j. Elevations throughout the site that represent general elevations of each use. i Examples of uses for which such elevations should be shown on the Conceptual Site Plan are residential, hotel or commercial structures, pedestrian plazas, parking areas, road intersections, and at length along all roadways. ii Such elevations must show existing and projected finished elevations. k. The projected footprint and location of new buildings or parking areas. The exact footprints and locations of buildings and parking areas shall be determined during site plan review. 1. Existing uses on lands owned or controlled by persons other than the applicant. 5. A Conceptual Site Plan shall be approved if it demonstrates that future development is located on the subject property so that, in addition to the requirements of DCC 18.108.055, the following standards can be met at the time of site plan review: a. DCC 23.40.025; and b. DCC 18.124.060 (A) - (E) and (I); interpreted as described in DCC 23.40.025(E)(1)(d)(3). 6. Approval of a Conceptual Site Plan does not authorize uses or development. 7. An applicant shall commence development within five years of the date of final approval of the Conceptual Site Plan unless an extension of the duration of approval of the Conceptual Site Plan has been granted pursuant to DCC 22.36.010(C). 8. Substantial construction of a Conceptual Site Plan development, for purposes of DCC 22.36.020(A)(2), occurs when the first building authorized by the Plan has been substantially constructed, as defined by DCC 22.36.020(B). L. Application and approval process. PAGE 10 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) 1. A site plan or conditional use application shall be consistent with the Conceptual Site Plan with the following exceptions. a. Existing structures or features can be used or altered to meet the requirements of subsections (5) and (10)-(13) of this subsection. b. If the existing structures or features were included in a site plan approval under DCC 18.108.055 and the existing structures or features are proposed to be altered by subsequent site plan, that subsequent site plan must demonstrate compliance with the requirements of subsections (5) and (10)-(13) of this subsection. 2. A site plan application shall include the number of all uses by type, their ITE code and their pm peak hour trips. 3. Each site plan, cumulatively with any previously approved site plan, shall demonstrate that the development will not generate traffic at a rate that will exceed the number of pm peak hour vehicle trips for residential and commercial uses assumed in the traffic study required by subsection (K)(4) above. 4. Adjustments may be made to building locations, sizes, footprints, unit counts and phase boundaries shown on the Conceptual Site Plan during site plan review if such adjustments do not constitute a change requiring modification of approval of the Conceptual Site Plan pursuant to DCC 22.36.040. 5. An applicant seeking site plan approval shall demonstrate that, when the development that is subject to the site plan approval is complete, a ratio of 150 square feet of commercial space to one dwelling unit will be met. 6. The term "dwelling unit" used in subsection (5), above, includes: a. All hotel and residential dwelling units, including Multi -family Dwellings and Townhomes. b. Lock -off Areas shall be counted as a half dwelling units for purposes of calculating the ratio described in subsection (5), above. 7. The development in the TC District, cumulatively, with any previously approved site plan, must meet the ratio in subsection (5) above. 8. When a second or subsequent site plan is approved a commercial area shown on a prior site plan may be counted toward meeting the required ratio in Subsection (5) above only if construction of the commercial area approved on a prior site plan has been commenced. 9. The site plan shall include the projected finished and existing grade elevations of the site indicating every foot of elevation change on the subject property. 10. Each site plan, cumulatively with all previously approved site plans, shall demonstrate compliance with the fifteen percent (15%) lot area landscaping requirement of DCC 18.124.070(B)(1)(a). a. Landscape areas existing as of the adoption of Ordinance 2008-105 may be used to determine compliance with the fifteen percent (15%) rule as long as the existing landscaping is included in the site plan. b. In the TC District, plazas available to the public may be included to demonstrate compliance with the fifteen percent (15%) landscaping requirement. 11. Each site plan, cumulatively with all previous site plans, shall demonstrate compliance with the FAR requirements of DCC 18.108.055(1). 12. Each site plan, cumulatively with all previously approved site plans, shall demonstrate compliance with the recreation space requirements of DCC 18.124.070(A)(32). 13. Each site plan, cumulatively with all previously approved site plans, shall demonstrate compliance with the zone coverage requirements of DCC 18.108.055(J). 14. Where improved bike paths cross land proposed for site plan development, the applicant shall retain or relocate and rebuild the bike path. (Ord. 2008-015 §2, 2008) PAGE 11 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) 18.108.060. Resort - R District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the R District: 1. Resort facility developed in a building or buildings of any size which house any combination of: a. Meeting room, convention and banquet facility. b. Resort recreation facilities. c. Property sales and rental office. d. Hotel, motel and lodging facility with up to 100 units in a single building. e. Maintenance facility associated with resort and recreation operations. f. Storage building necessary for and associated with resort, recreation and/or property development. g. Administrative offices, support and service facilities commonly associated with resort and recreation development and operations. 2. Restaurant, bar and cocktail lounge including entertainment and catering facilities which are included within the same building as any of the uses listed in DCC 18.108.060(A)(1). 3. Retail sales, rental and repair services commonly associated with and included within the same building as any of the uses listed in DCC 18.108.060(A)(1). 4. Interval ownership and/or time-share unit or the creation thereof. 5. Multiple family residential dwelling units subject to and consistent with the standards of the RM District. 6. Recreational path. 7. Residential home. 8. Residential facility. 9. A building or buildings each not exceeding 8,000 square feet of floor space which conform with the height regulations and lot requirements of the R District and house any combination of: a. New restaurant, bar and cocktail lounge, including entertainment and catering facilities which are not included within the same building as those uses listed in DCC 18.108.060(A)(1). b. New retail sales, rental and repair services commonly associated with uses permitted outright or conditionally in the R District which are not included within the same building as those uses listed in DCC 18.108.060(A)(1). B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Public buildings and public utility buildings and structures as they may be appropriate to the R District. 2. Church, club or fraternal organization. 3. School. C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 40 feet in height. D. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yard shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. PAGE 12 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) 7. Lot Coverage. No requirements. (Ord. 97-078 §2, 1997) 18.108.070. Resort Marina - RA District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the RA District: 1. Marina. 2. Park, playground and picnic and barbecue area. 3. Recreational path. 4. Restaurant, bar and cocktail lounge existing as of March 31, 1998. B. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. C. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yard shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 6 Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. (Ord. 97-078 §2, 1997) 18.108.080. Resort Golf Course - RG District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the RG District: 1. Golf course. 2. Golf course accessory uses. 3. Recreational path. B. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. C. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yard shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 6 Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. (Ord. 97-078 § 2, 1997) PAGE 13 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) 18.108.090. Resort Equestrian - RE District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the RE District: 1. Equestrian facility. 2. Recreational path. 3. Park, playground and picnic and barbecue area. 4. A building or buildings each not exceeding 8,000 square feet of floor space which house any combination of: a. Retail sales, rental and repair services commonly associated with equestrian facilities. B. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. C. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yard shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining the side yard shall be a minimum of 10 feet. The required foot for each foot by which the building height exceeds 20 6. Rear Yard. None, except when a rear lot line is adjoining the rear yard shall be a minimum of 10 feet. The required foot for each foot by which the building height exceeds 20 f 7. Lot Coverage. No requirements. (Ord. 97-078 § 2, 1997) a lot in an RS or RM District, and then side yard shall be increased by one-half feet. a lot in an RS or RM District, and then rear yard shall be increased by one-half eet. 18.108.100. Resort Nature Center - RN District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the RN District: 1. Nature center. 2. Recreational path. 3. Observatory. 4. A building or buildings each not exceeding 8,000 square feet of floor space which conform with the height regulations and lot requirements of the RN District and house any combination of: a. Restaurant and food service commonly associated with and customarily appurtenant to the uses permitted outright in the RN District. b. Retail sales, rental and repair services commonly associated with uses permitted outright in the RN District. B. Use Limits. The following limitations and standards shall apply to uses listed in DCC 18.108.100(A). 1. All structures shall be sited on those portions of the property which contain mature trees. 2. Mature trees shall be retained to the maximum extent possible considering physical constraints associated with developing the property. 3. Development within the treed area shall occur in a manner whereby a minimum of 50 percent of a finished structure will be screened from surrounding properties and portions of the subject property which do not contain mature trees. 4. The Planning Director or Hearings Body may require the establishment of additional landscape material to ensure that 50 percent of a finished structure will be screened from surrounding properties and portions of the subject property which do not contain mature trees. C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. PAGE 14 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) D. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yard shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. (Ord. 97-078 § 2, 1997) 18.108.110. Business Park - BP District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Residential uses existing as of March 31, 1997. 2. Administrative, educational and other related facilities in conjunction with a use permitted outright. 3. Library. 4. Recreational path. 5. Post office. 6. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Retail/rental store, office and service establishment, including but not limited to the following: i. Automobile, motorcycle, boat, recreational vehicle, trailer or truck sales, rental, repair or maintenance business, including tire stores and parts stores. ii. Agricultural equipment and supplies. iii. Car wash. iv. Contractor's office, including but not limited to, building, electrical, plumbing, heating and air conditioning, painter, etc.. v. Construction equipment sales, rental and/or service. vi. Exterminator services. vii. Golf cart sales and service. viii. Lumber yard, home improvement or building materials store. ix. Housekeeping and janitorial service. x. Dry cleaner and/or self-service laundry facility. xi. Marine/boat sales and service. xii. Restaurant, bar and cocktail lounge including entertainment. 7 A building or buildings each not exceeding 20,000 square feet of floor space housing any combination of: a. Scientific research or experimental development of materials, methods or products, including engineering and laboratory research. b. Light manufacturing, assembly, fabricating or packaging of products from previously prepared materials, including but not limited to cloth, paper, leather, precious or semi-precious metals or stones, etc. c. Manufacture of food products, pharmaceuticals and the like, but not including the production of fish or meat products, or the rendering of fats and oils. d. Warehouse and distribution uses in a building or buildings each less than 10,000 square feet of floor area. PAGE 15 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Public buildings and public utility structures and yards, including railroad yards. 2. A dwelling unit for a caretaker or watchman working on a developed property. 3. Law enforcement detention facility. 4. Parking lot. 5. Radio and television broadcast facilities. 6. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Bowling alley. b. Theater. c. Veterinary clinic and/or kennel. 7. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination of: a. Warehouses and distribution uses in a building or buildings exceeding 10,000 square feet of floor area. b. Distillery and beer/ale brewing facility, including wholesale sales thereof. c. Self/mini storage. d. Trucking company dispatch/terminal. e. Solid waste/garbage operator, not including solid waste disposal or other forms of solid waste storage or transfer station. C. Use Limits. The following limitations and standards shall apply to uses listed in DCC 18.108.110(A) or (B): 1. A use expected to generate more than 30 truck -trailer or other heavy equipment trips per day to and from the subject property shall not be permitted to locate on a lot adjacent to or across the street from a lot in a residential district. 2. Storage, loading and parking areas shall be screened from residential zones. 3. No use requiring air contaminant discharge permits shall be approved by the Planning Director or Hearings Body prior to review by the applicable state or federal permit reviewing authority, nor shall such uses be permitted adjacent to or across the street from a residential lot. D. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.110(A)(6) or (B)(6) may be allowed in a building or buildings each exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body fmds: 1. That the intended customers for the proposed use will come from the community and surrounding rural area, or the use will meet the needs of the people passing through the area. For the purposes of DCC 18.108.110, the surrounding rural area shall be that area identified as all property within five miles of the boundary of the Sunriver Urban Unincorporated Community; 2. The use will primarily employ a work force from the community and surrounding rural area; and 3. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor space. E. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 45 feet in height. F. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. Each lot shall have a minimum depth of 100 feet. 4. Front Yard. The front yard shall be a minimum of 25 feet. 5. Side Yard. No side yard required, except when adjoining a lot in an RS or RM District and then the required side yard shall be 50 feet. No side yards are required on the side of a building adjoining a railroad right of way. PAGE 16 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) 6. Rear Yard. No rear yard required, except when adjoining a lot in an RS or RM District and then the rear yard shall be 50 feet. No rear yard is required on the side of a building adjoining a railroad right of way. 7. Lot Coverage. The maximum lot coverage by buildings and structures shall be 50 percent of the total lot area. (Ord. 97-078 §2, 1997) 18.108.120. Community General - CG District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. School. 2. Utility substation, utility equipment storage and repair yard, and pump station. 3. Golf course. 4. Tennis court. 5. Swimming pool. 6. Park, playground and picnic and barbecue area. 7. Nature center. 8. Putting green. 9. Recreational path. 10. Equestrian facility. 11. Boat dock. 12. Health and fitness facilities. 13. Amphitheater. 14. Observatory. 15. Administrative and office facility associated with a community association or community use. 16. Police facility. 17. Fire station. 18. Public works facility. 19. Community center. 20. Church. 21. Warehouse and storage facilities accessory to and in conjunction with any use permitted outright in this district. 22. Residential home. 23. Residential facility. 24. A building or buildings each not exceeding 8,000 square feet of floor space which conform with the height regulations and lot requirements of the CG District and house any combination of: a. Limited food and beverage service customarily accessory to and in conjunction with any use permitted outright or conditionally in this district. b. Retail sales, rental and repair services commonly associated with uses permitted outright or conditionally in the CG District. B. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. C. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yard shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. PAGE 17 OF 23 - EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. (Ord. 97-078 §2, 1997) 18.108.130. Community Recreation - CR District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Park, playground and, picnic and barbecue area. 2. Swimming pool. 3. Tennis court. 4. Basketball court. 5. Ball fields, including but not limited to, football, baseball, softball and soccer. 6. Running track. 7. Health and fitness facility. 8. Racquetball court. 9. Recreational path. 10. Winter sports facilities, including but not limited to ice skating rink and/or cross country ski center. 11. Facilities developed in conjunction with and which are customarily accessory to any use permitted outright or conditionally in this district, including but not limited to restrooms, storage facilities, parking areas and pavilions/shelters. 12. A building or buildings each not exceeding 8,000 square feet of floor space which conform with the height regulations and lot requirements of the CR District and house any combination of: a. Limited food and beverage service customarily accessory to and in conjunction with any use permitted outright or conditionally in this district. b. Retail sales, rental and repair services commonly associated with uses permitted outright or conditionally in the CG District. B. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. C. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yard shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. (Ord. 97-078 §2, 1997) 18.108.140. Community Limited - CL District. A. Uses Permitted Outright. The following uses are permitted outright: 1. Picnic and barbecue areas, including picnic tables and benches. 2. Recreational path. B. Lot Requirements. The following lot requirements shall be observed: PAGE 18 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yard shall be a minimum of 10 feet for bike and pedestrian paths, and picnic tables and benches fixed to the ground. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard for bike and pedestrian paths, and picnic table and benches fixed to the ground shall be a minimum of 10 feet. 6. Rear Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard for bike and pedestrian paths, and picnic table and benches fixed to the ground shall be a minimum of 10 feet. 7. Lot Coverage. No requirements. (Ord. 97-078 §2, 1997) 18.108.150. Community Neighborhood- CN District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. School. 2. Utility substation, pump station and, utility equipment storage and repair yard. 3. Sewage treatment facility. 4. Tennis court. 5. Swimming pool. 6. Park, playground and picnic and barbecue area. 7. Recreational path. 8. Equestrian facility. 9. Health and fitness facility. 10. Amphitheater. 11. Observatory. 12. Church. 13. Residential home. 14. Residential facility. 15. Daycare facility. 16. Administrative and office facility associated with a community association or community use. 17. Community center. 18. Police facility. B. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. C. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yard shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS the side yard shall be a minimum of 10 feet. The required side yard shall foot for each foot by which the building height exceeds 20 feet. 6 Rear Yard. None, except when a rear lot line is adjoining a lot in an RS the rear yard shall be a minimum of 10 feet. The required rear yard shall foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. (Ord. 98-016 §3, 1998; Ord. 97-078 §2, 1997) PAGE 19 OF 23 - EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) or RM District, and then be increased by one-half or RM District, and then be increased by one-half 18.108.160. Airport - A District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Runway, fuel storage and sales and emergency repair. 2. Facilities approved or mandated by the FAA or Oregon State Aeronautics Division. 3. Farm use as defined in DCC Title 18. 4. Related uses which are customarily appurtenant to airports, including but not limited to hangars, tie -down areas and parking facilities. B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Farm accessory buildings and uses. 2. Utility facility necessary for public service, except landfills. 3. Golf course. 4. Park, playground, other recreational site or facility or community service facility. 5. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to DCC 18.120.050 and/or DCC 18.128.270. C. Use Limitations. In an A District, the following limitations and standards shall apply to all uses permitted: 1. The height of any plant growth or structure or part of a structure such as chimneys, towers, antennas, powerlines, etc., shall not exceed 35 feet. 2. In approach zones beyond the clear zone areas, no meeting place designed to accommodate more than 25 persons for public or private purposes shall be permitted. 3. All parking demand created by any use permitted by DCC 18.108.160 shall be accommodated on the subject premises entirely off-street. 4. No use permitted by DCC 18.108.160 shall require the backing of traffic onto a public or private street or road right of way. 5. No power lines shall be located in clear zones. 6. No use shall be allowed which is likely to attract a large quantity of birds, particularly birds which normally fly at high altitudes. D. Dimensional Standards. In an A District, the following dimensional standards shall apply: 1. The minimum lot size shall be determined subject to the provisions of DCC 18.108.160 relative to setback requirements, off-street parking and loading requirements, lot coverage limitations or as deemed necessary by the Planning Director or Hearings Body to maintain air, land and water resource quality, protect adjoining and area land uses and to ensure resource carrying capacities are not exceeded. 2. An airport related use or structure located adjacent to or across the street from an existing residential use or platted residential lot shall not exceed 70 percent lot coverage and shall require off-street parking and loading areas. 3. The minimum setback between any structure and an arterial right of way shall be 100 feet. The minimum setback between any structure and a collector right of way shall be 50 feet. The minimum setback between any structure and all local streets shall be 20 feet. 4. The minimum setback between any structure and a property line adjoining a residential use or lot shall be 50 feet. 5. The minimum lot frontage shall be 50 feet. 6. The minimum side setback between any structure and a property line shall be three feet, and the minimum total of both side setbacks shall be 12 feet. 7. The minimum rear setback between any structure and a rear property line shall be 25 feet. PAGE 20 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) 8. Utility Runway Visual Approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary runway surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline. 9. Runway Larger than Utility with a Visibility Minimum Greater than Three -Fourths Mile Nonprecision Instrument Approach Zone. Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary runway surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline. 10. Transitional Zones. Slopes seven feet outward for each foot upward beginning at the side of and at the same elevation as the primary runway surface and approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits beginning at the sides of and at the same elevation as they approach surface and extending to where they intersect the conical surface. 11. Horizontal Zone. Established at 150 feet above the airport elevation. 12. Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. (Ord. 97-078 §2, 1997) 18.108.170. Utility - U District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Utility substation, utility equipment storage and repair yard, and pump station. 2. Sewage treatment facility. 3. Utility transmission lines. 4. Water treatment facility. 5. Wells, pumping equipment and related facilities for the provision of water within the Sunriver UUC. 6. Public buildings, public utility structures and yards, including railroad yards. 7. Administrative, office and storage facilities appurtenant to a use permitted outright. 8. Irrigation systems and irrigation ponds. 9. Facilities similar to those listed above which are mandated by the Oregon Department of Environmental Quality (DEQ). 10. Cable television facility, including but not limited to office and equipment buildings, satellite dish, antennas, etc. 11. Wireless telecommunications facility. 12. Microwave and radio communication towers. B. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 45 feet in height. C. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yard shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. PAGE 21 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) (Ord. 97-078 §2, 1997) 18.108.180. Forest - F District. A. Uses permitted outright. The following uses and their accessory uses are permitted outright, subject to applicable provisions of DCC 18.36, Forest Use -Fl Zone, and to applicable provisions of the comprehensive plan: 1. Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal of slash. 2 Temporary on-site structures which are auxiliary to and used during the term of a particular forest operation. As used here, temporary structures are those which are portable and/or not placed on a permanent foundation, and which are removed at the conclusion of the forest operation requiring its use. 3 Physical alterations to commercial forest land auxiliary to forest practices including, but not limited to, those made for purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities. Gravel extraction and processing not covered by DCC 18.108.180 is governed by DCC 18.52. 4. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources. 5. Farm use as defined in ORS 215.203. 6. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment which provides service hookups, including water service hookups. 7. Temporary portable facility for the primary processing of forest products. The facility shall not be placed on a permanent foundation and shall be removed at the conclusion of the forest operation requiring its use. 8. Exploration for mineral and aggregate resources as defined in ORS 517. 9. Towers and fire stations for forest fire protection. 10. Widening of roads within existing rights of way in conformance with the transportation element of the comprehensive plan including public road and highway projects as described in ORS 215.283(1)(k) through (n). 11. Water intake facilities, canals and distribution lines for farm irrigation and ponds. 12. Uninhabitable structures accessory to fish and wildlife enhancement. B. Conditional uses permitted. The following uses and their accessory uses may be allowed in the Forest District, subject to applicable provisions of DCC 18.36, Forest Use -F1 Zone, and to applicable provisions of the comprehensive plan: 1. Television, microwave and radio communication facilities and transmission towers. 2. Water intake facilities, related treatment facilities, pumping stations and distribution lines. 3. Reservoirs and water impoundments. 4. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210. New distribution lines (e.g. electrical, gas, oil, geothermal) with rights of way 50 feet or less in width. 5. Forest management research and experimentation facilities as defined by ORS 526.215 or where accessory to forest operations. 6. Disposal site for solid waste, not including a land disposal site, for which the Oregon Department of Environmental Quality has granted a permit or a similar approval, together with equipment, facilities or buildings necessary for operation. Uses permitted under this category are limited to commercial composting, subject to DCC 18.128.015 and 18.128.120. (Ord. 2001-040 §1, 2001; Ord. 98-016 §2, 1998; Ord. 97-078 §2, 1997) PAGE 22 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) 18.108.190. Flood Plain - FP Combining District. A. Designated Areas. The Flood Plain Combining District includes all areas within the Sunriver UUC designated as "Special Flood Hazard Areas" in the report entitled "The Flood Insurance Study for Deschutes County, Oregon and Incorporated Areas," dated September 28, 2007, with accompanying flood insurance rate maps. B. Conditional Uses. Uses permitted either outright or conditionally in the underlying district with which the FP Combining District is combined shall be allowed as conditional uses in the FP Combining District, subject to the provisions of DCC 18.108.190(C) and DCC 18.128 and other applicable sections of this title. C. Use Limits. All uses proposed within the FP Combining District shall be subject to DCC 18.96.060 through 18.96.085 and DCC 18.96.100, 18.96.120 through 18.96.140. D. Height Regulations. The height regulations for the FP Combining District shall be those which are established in the underlying district with which the FP Combining District is combined. E. Lot Requirements. The lot dimension and yard requirements for the FP Combining District shall be those which are established in the underlying district with which the FP Combining District is combined. (Ord. 2007-019 §2, 2007; Ord. 97-078 §2, 1997) PAGE. 23 OF 23 — EXHIBIT "B" TO ORDINANCE 2008-015 (6/25/2008) NOTE: *** denotes code provisions not amended by this ordinance. Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.010. Authorization of Similar Uses. 18.116.020. Clear Vision Areas. 18.116.030. Off -Street Parking and Loading. 18.116.031. Bicycle Parking. 18.116.035. Bicycle Commuter Facilities. 18.116.036. Special Parking Provisions for the Sunriver Town Center District 18.116.040. Accessory Uses. 18.116.050. Manufactured Homes. 18.116.070. Placement Standards for Manufactured Homes. 18.116.080. Manufactured Home or RV as a Temporary Residence on an Individual Lot. 18.116.090. A Manufactured Home as a Temporary Residence for Medical Condition. 18.116.095. Recreational Vehicle as a Temporary Residence on an Individual Lot. 18.116.100. Building Projections. 18.116.200. Repealed. 18.116.120. Fences. 18.116.130. Hydroelectric Facilities. 18.116.140. Electrical Substations. 18.116.150. Endangered Species. 18.116.160. Rimrock Setbacks Outside of LM Combining Zone. 18.116.170. Solar Height Restrictions. 18.116.180. Building Setbacks for the Protection of Solar Access. 18.116.190. Solar Access Permit. 18.116.200. Repealed. 18.116.210. Residential Homes and Residential Facilities. 18.116.215. Family Childcare Provider. 18.116.220. Conservation Easements on Property Adjacent to Rivers and Streams -Prohibitions. 18.116.230. Standards for Class I and H Road Projects. 18.116.240. Protection of Historic Sites. 18.116.250. Wireless Telecommunications Facilities. 18.116.260. Rock Crushing Outside the SM Zone. 18.116.270. Conducting Filming Activities in All Zones. 18.116.280. Home Occupations. *** 18.116.036. Special parking provisions for the Sunriver Town Center (TC) District. A. Required Motor Vehicle Parking. The following motor vehicle parking requirements apply to development in the Town Center (TC) District of the Sunriver UUC in lieu of the requirements of DCC 18.116.030(D): PAGE 1 OF 3 — EXHIBIT "C" TO ORDINANCE 2008-015 (6/25/2008) Use & uirements Townhomes and Multi- 1.00 space per unit family Residential buildings with 8 units or less: Studio or Efficiency 1 bedroom 1.00 space per unit 2 bedrooms 1.50 space per unit 3 bedrooms 2.00 spaces per unit 4 bedrooms 2.00 spaces per unit Mixed Use Structures 1.00 space per unit and Multi -family Residential buildings with more than 8 units: Studio or Efficiency 1 bedroom 1.00 space per unit 2 bedrooms 1.00 space per unit 3 bedrooms 1.50 spaces per unit 4 bedrooms 2.00 spaces per unit Hotel 1.0 space per unit + 1 space per 2 full-time employees Lock Off Areas .5 parking space, in addition to base parking for unit Live/Work Units .5 parking space for work area, in addition to base parking for dwelling unit B. Requirements for Other Uses. The number of spaces required for Town Center (TC) District of Sunriver UUC uses not listed above shall be determined by using the charts provided by DCC 18.116.030 (D). C. Uses not specifically listed in the tables of subsection (A), above or DCC 18.116.030(D) shall be provided with adequate parking as required by the Planning Director or Hearings Body. D. Transportation Demand Management. 1. In the Town Center (TC) District of Sunriver UUC, motor vehicle parking requirements may be reduced based on implementation of a Transportation Demand Management (TDM) plan;. a. The TDM is subject to the approval of the Planning Director or Hearings Body in accordance with the following criteria: 1) -The proposed TDM plan will reduce the need for motor vehicle parking; 2) The reduction is to a level of parking that is lower than the amount of parking required by DCC 18.116.030; and 3) the applicant has demonstrated the County that the TDM measures will remain in place. 2. A TDM plan may include, but is not limited to, the following elements: a. Bicycle Parking: Motor vehicle parking requirements may be reduced in exchange for bicycle parking, as described in 18.16.031 PAGE 2 OF 3 — EXHIBIT "C" TO ORDINANCE 2008-015 (6/25/2008) b. Shuttle Service: Motor vehicle parking requirements may be reduced by up to ten percent where frequent shuttle or transit service connects on-site residential/ employment uses to transportation hubs (including airports) as well as nearby commercial centers and recreational areas. c. Satellite Parking: Parking may be provided at a distance greater than 500 feet when in conjunction with a coordinated shuttle service. E. General Provisions. Off -Street Parking. The following parking requirements apply to development in the Town Center (TC) District of the Sunriver UUC in lieu of the requirements of DCC 18.116.030(E): 1. 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 requirements of the several uses computed separately. 2. Joint Use of Facilities. a. 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 conflict at any point of time. b. Further, the total parking required for two or more land uses may be reduced to reflect pedestrian and internal trips between/among multiple uses in the Sunriver commercial core area. c. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidence by a deed, lease, contract or other appropriate written document to establish the joint use. 3. Location of Parking Facilities. a. Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. b. Other required parking spaces shall be located on the same parcel or 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 industrial zone, except when provided in conjunction with connecting shuttle service, as identified in DCC 18.116.036(D)(2). c. Such parking shall be located in a safe and functional manner as determined during site plan approval. d. The burden of proving the existence of such off -premise parking arrangements rests upon the applicant. 4. 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 conducting the business or used in conducting the business or use. 5 For Multi-famil Residential uses allowed b DCC 18.108.055 A 6 minimum sarkin� requirements may be satisfied through tandem parking, whereby two vehicles are accommodated end-to-end, provided the tandem parking spaces are used to meet the parking requirements for a single dwelling unit only. F. Bicycle Parking. 1. The provisions of DCC 18.116.031(B)(6) may be used to modify the bicycle parking requirements of DCC 18.116.031 and 18.116.035. 2. Subsection (E)(2), above, regarding the joint use of parking facilities shall be applied to determine bicycle parking requirements for the Town Center District of the Sunriver UUC. (Ord. 2008-015, §3, 2008) PAGE 3 OF 3 — EXHIBIT "C" TO ORDINANCE 2008-015 (6/25/2008) i i Chapter 18.124. SITE PLAN REVIEW 18.124.010. Purpose. 18.124.020. Elements of Site Plan. 18.124.030. Approval Required. 18.124.040. Contents and Procedure. 18.124.050. Decision on Site Plan. 18.124.060. Approval Criteria. 18.124.070. Required Minimum Standards. 18.124.080. Other Conditions. 18.124.090. Right of Way Improvement Standards. 18.124.010. Purpose. DCC 18.124.010 provides for administrative review of the design of certain developments and improvements in order to promote functional, safe, innovative and attractive site development compatible with the natural and man-made environment. (Ord. 91-020 §1, 1991) 18.124.020. Elements of Site Plan. The elements of a site plan are: The layout and design of all existing and proposed improvements, including, but not limited to, buildings, structures, parking, circulation areas, outdoor storage areas, bicycle parking, landscape areas, service and delivery areas, outdoor recreation areas, retaining walls, signs and graphics, cut and fill actions, accessways, pedestrian walkways, buffering and screening measures and street furniture. (Ord. 93-043 §22D, 1993; Ord. 93-005 §6, 1993) 18.124.030. Approval Required. A. No building, grading, parking, land use, sign or other required permit shall be issued for a use subject to DCC 18.124.030, nor shall such a use be commenced, enlarged, altered or changed until a final site plan is approved according to DCC Title 22, the Uniform Development Procedures Ordinance. B. The provisions of DCC 18.124.030 shall apply to the following: 1. All conditional use permits where a site plan is a condition of approval; 2. Multiple -family dwellings with more than three units; 3. All commercial uses that require parking facilities; 4. All industrial uses; 5. All other uses that serve the general public or that otherwise require parking facilities, including, but not limited to, landfills, schools, utility facilities, churches, community buildings, cemeteries, mausoleums, crematories, airports, parks and recreation facilities and livestock sales yards; and 6. As specified for Flood Plain Zones (FP) and Surface Mining Impact Area Combining Zones (SMIA). C. The provisions of DCC 18.124.030 shall not apply to uses involving the stabling and training of equine in the EFU'zone, noncommercial stables and horse events not requiring a conditional use permit. D. Noncompliance with a final approved site plan shall be a zoning ordinance violation. E. As a condition of approval of any action not included in DCC 18.124.030(B), the Planning Director or Hearings Body may require site plan approval prior to the issuance of any permits. PAGE 1 OF 6 — EXHIBIT "D" TO ORDINANCE 2008-015. (6/25/2008) (Ord. 2003-034 §2, 2003; Ord. 94-008 §14, 1994; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 86-032 §1, 1986) 18.124.040. Contents and Procedure. A. Any site plan shall be filed on a form provided by the Planning Department and shall be accompanied by such drawings, sketches and descriptions necessary to describe the proposed development. A plan shall not be deemed complete unless all information requested is provided. B. Prior to filing a site plan, the applicant shall confer with the Planning Director or his representative concerning the requirements for formal application. C. After the pre -application conference, the applicant shall submit a site development plan, an inventory of existing plant materials including all trees six inches in diameter or greater and other significant species, a landscape plan and architectural drawings including floor plans and elevations. D. The site plan shall indicate the following: 1. Access to site from adjacent rights of way, streets and arterial. 2. Parking and circulation areas. 3. Location, dimensions (height and bulk) and design of buildings and signs. 4. Orientation of windows and doors. 5. Entrances and exits. 6. Private and shared outdoor recreation spaces. 7. Pedestrian circulation. 8. Public play areas. 9. Service areas for uses such as mail delivery, trash disposal, above ground utilities, loading and delivery. 10. Areas to be landscaped. 11. Exterior lighting. 12. Special provisions for disabled persons. 13. Existing topography of the site at intervals appropriate to the site, but in no case having a contour interval greater than 10 feet. 14. Signs. 15. Public improvements. 16. Drainfield locations. 17. Bicycle parking facilities, with location of racks, signage, lighting, and showing the design of the shelter for long term parking facilities. 18. Any required bicycle commuter facilities. 19. Other site elements and information which will assist in the evaluation of site development. E. The landscape plan shall indicate: 1. The size, species and approximate locations of existing natural plant materials proposed to be retained and new plant materials proposed to be placed on site. 2. Proposed site contouring. 3. An explanation of how drainage and soil erosion is to be dealt with during and after construction. (Ord. 2003-034 §2, 2003; Ord. 93-005 §7, 1993; Ord. 91-020 §1, 1991) 18.124.050. Decision on Site Plan. A. The Planning Director or Hearings Body may deny the site plan or approve it with such modifications and conditions as may be consistent with the Comprehensive Plan or the criteria and standards listed in DCC Title 18. B. The Planning Director or Hearings Body as a condition of approval may require that the applicant file with the County a perfornnance bond or other security approved by the governing body to assure full and PAGE 2 OF 6 — EXHIBIT "D" TO ORDINANCE 2008-015 (6/25/2008) faithful performance of any required improvements. The bond shall be for the dollar amount plus 10 percent of the estimated cost of the improvements. C. Planning Director or Hearings Body review shall be subject to DCC Title 22, the Uniform Development Procedures Ordinance. (Ord. 91-020 §1, 1991; Ord. 86-032 §1, 1986) 18.124.060. Approval Criteria. Approval of a site plan shall be based on the following criteria: A. The proposed development shall relate harmoniously to the natural environment and existing development, minimizing visual impacts and preserving natural features including views and topographical features. B. The landscape and existing topography shall be preserved to the greatest extent possible, considering development constraints and suitability of the landscape and topography. Preserved trees and shrubs shall be protected. C. The site plan shall be designed to provide a safe environment, while offering appropriate opportunities for privacy and transition from public to private spaces. D. When appropriate, the site plan shall provide for the special needs of disabled persons, such as ramps for wheelchairs and Braille signs. E. The location and number of points of access to the site, interior circulation patterns, separations between pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation to buildings and structures shall be harmonious with proposed and neighboring buildings and structures. F. Surface drainage systems shall be designed to prevent adverse impacts on neighboring properties, streets, or surface and subsurface water quality. G. Areas, structures and facilities for storage, machinery and equipment, services (mail, refuse, utility wires, and the like), loading and parking and similar accessory areas and structures shall be designed, located and buffered or screened to minimize adverse impacts on the site and neighboring properties. H. All above -ground utility installations shall be located to minimize adverse visual impacts on the site and neighboring properties. I. Specific criteria are outlined for each zone and shall be a required part of the site plan (e.g. lot setbacks, etc.). J. All exterior lighting shall be shielded so that direct light does not project off-site. (Ord. 93-043 §§21, 22 and 22A, 1993; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991) 18.124.070. Required Minimum Standards. A. Private or shared outdoor recreation areas in residential developments. 1. Private Areas. Other than a development in the Sunriver UUC Town Center District, eEach ground -level living unit in a residential development subject to site plan approval shall have an accessible outdoor private space of not less than 48 square feet in area. The area shall be enclosed, screened or otherwise designed to provide privacy for unit residents and their guests. 2. Shared Areas. Usable outdoor recreation space shall be provided for the shared use of residents and their guests in any apartment residential development, as follows: a. Units with one or two bedrooms: 200 square feet per unit. b. Units with three or more bedrooms: 300 square feet per unit. 3. Usable outdoor recreation space shall be provided in the Sunriver UUC Town Center District on a district -wide basis as follows: a. A minimum of one hundred square feet of outdoor recreation space per Multi -family Dwelling unit or Townhome that is accessible to residents or guests staying in Multi -family Dwelling or Townhome units. PAGE 3 OF 6 — EXHIBIT "D" TO ORDINANCE 2008-015 (6/25/2008) b. Outdoor recreation spaces may include bicycle paths, plazas, play areas, water features, ice rinks, pools and similar amenities that are located outdoors. c. Outdoor recreation space must include recreation for children who are district residents, such as a maintained playground area with approved equipment such as swings or slides. 34. Storage. In residential developments, convenient areas shall be provided for the storage of articles such as bicycles, barbecues, luggage, outdoor furniture, etc. These areas shall be entirely enclosed. B. Required Landscaped Areas. 1. The following landscape requirements are established for multi -family, commercial and industrial developments, subject to site plan approval: a. A minimum of 15 percent of the lot area shall be landscaped. b. All areas subject to the fmal site plan and not otherwise improved shall be landscaped. 2. In addition to the requirement of DCC 18.124.070(B)(1)(a), the following landscape requirements shall apply to parking and loading areas: a. A parking or loading area shall be required to be improved with defined landscaped areas totaling no less than 25 square feet per parking space. b. In addition to the landscaping required by DCC 18.124.070(B)(2)(a), a parking or loading area shall be separated from any lot line adjacent to a roadway by a landscaped strip at least 10 feet in width, and from any other lot line by a landscaped strip at least five feet in width. c. A landscaped strip separating a parking or loading area from a street shall contain: i. Trees spaced as appropriate to the species, not to exceed 35 feet apart on the average. ii. Low shrubs not to reach a height greater than three feet zero inches, spaced no more than eight feet apart on the average. iii. Vegetative ground cover. d. Landscaping in a parking or loading area shall be located in defined landscaped areas which are uniformly distributed throughout the parking or loading area. e. The landscaping in a parking area shall have a width of not less than five feet. f. Provision shall be made for watering planting areas where such care is required. g. Required landscaping shall be continuously maintained and kept alive and attractive. h. Maximum height of tree species shall be considered when planting under overhead utility lines. C. Nonmotorized Access. 1. Bicycle Parking. The development shall provide the number and type of bicycle parking facilities as required in DCC 18.116.031 and 18.116.035. The location and design of bicycle parking facilities shall be indicated on the site plan. 2. Pedestrian Access and Circulation: a. Internal pedestrian circulation shall be provided in new commercial, office and multi -family residential developments through the clustering of buildings, construction of hard surface pedestrian walkways, and similar techniques. b. Pedestrian walkways shall connect building entrances to one another and from building entrances to public streets and existing or planned transit facilities. On-site walkways shall connect with walkways, sidewalks, bikeways, and other pedestrian or bicycle connections on adjacent properties planned or used for commercial, multi -family, public or park use. c. Walkways shall be at least five feet in paved unobstructed width. Walkways which border parking spaces shall be at least seven feet wide unless concrete bumpers or curbing and landscaping or other similar improvements are provided which prevent parked vehicles from obstructing the walkway. Walkways shall be as direct as possible. d. Driveway crossings by walkways shall be minimized. Where the walkway system crosses driveways, parking areas and loading areas, the walkway must be clearly identifiable through the use of elevation changes, speed bumps, a different paving material or other similar method. e. To comply with the Americans with Disabilities Act, the primary building entrance and any walkway that connects a transit stop to building entrances shall have a maximum slope of five PAGE 4 OF 6 — EXHIBIT "D" TO ORDINANCE 2008-015 (6/25/2008) percent. Walkways up to eight percent slope are permitted, but are treated as ramps with special standards for railings and landings. D. Commercial Development Standards: 1. New commercial buildings shall be sited at the front yard setback line for lots with one frontage, and at both front yard setback lines for corner lots, and oriented to at least one of these streets, except in the Sunriver UUC Business Park (BP) District and Town Center (TC) District and the La Pine UUC Business Park (LPBP) District. The building(s) and any eaves, overhangs or awnings shall not interfere with the required clear vision area at corners or driveways. 2. To meet the standard in paragraph (1) of this subsection, buildings developed as part of a shopping complex, as defined by this title, and planned for the interior, rear or non -street side of the complex may be located and oriented toward private interior streets within the development if consistent with all other standards of paragraph (1) above and this paragraph. Interior streets used to satisfy this standard may have on -street parking and shall have sidewalks along the street in front of the building. Such sidewalks shall connect to existing or future sidewalks on public streets accessing the site. The master plan for the shopping complex shall demonstrate that at least one half of the exterior perimeter of the site that abuts each public street, will be developed with buildings meeting the standards of paragraphs (D)(1) or (D)(3) of this subsection. 3. An increase in the front yard setback may be allowed where the applicant can demonstrate that one or more of the following factors makes it desirable to site the new building beyond the minimum street setback: a. Existing development on the site; b. Lot configuration; c. Topography of the lot; d. Significant trees or other vegetative features that could be retained by allowing a greater setback; e. Location of driveway access. Such an increase in the front yard shall be the minimum necessary to accommodate the reason for the increase. f. Architectural features, driveways, landscaping areas equal to or greater than the depth of the structure, and outdoor commercial areas, when at least one half of the structure meets the minimum street setback. 4. Off-street motor vehicle parking for new commercial developments in excess of 10,000 square feet shall be located at the side or behind the building(s), except in the Sunriver UUC Business Park (BP) District and Town Center (TC) District. Off-street parking proposed with a shopping complex, as defined by this title, and intended to serve buildings located in the interior or rear of the complex may have parking in front of the building provided the overall master plan for the site satisfies paragraph (2) of this subsection. (Ord. 2008-015 §4, 2008; Ord. 2006-008 §8, 2006; Ord. 2002-033 §1, 2002; Ord. 2001-044 §5, 2001; Ord. 97-078 §7, 1997; Ord. 93-063 §3, 1993; Ord. 93-043 §22B, 1993; Ord. 93-005 §8, 1993) 18.124.080. Other Conditions. The Planning Director or Hearings Body may require the following in addition to the minimum standards of DCC Title 18 as a condition for site plan approval. A. An increase in the required yards. B. Additional off-street parking. C. Screening of the proposed use by a fence or landscaping or combination thereof. D. Limitations on the size, type, location, orientation and number of lights. E. Limitations on the number and location of curb cuts. F. Dedication of land for the creation or enlargement of streets where the existing street system will be impacted by or is inadequate to handle the additional burden caused by the proposed use. PAGE 5 OF 6 — EXHIBIT "D" TO ORDINANCE 2008-015 (6/25/2008) G. Improvement, including but not limited to paving, curbing, installation of traffic signals and constructing sidewalks or the street system that serves the proposed use where the existing street system will be burdened by the proposed use. H. Improvement or enlargement of utilities serving the proposed use where the existing utilities system will be burdened by the proposed use. Improvements may include, but shall not be limited to, extension of utility facilities to serve the proposed use and installation of fire hydrants. I. Landscaping of the site. J. Traffic Impact Study as identified in Title 17.16.115. K. Any other limitations or conditions that are considered necessary to achieve the purposes of DCC Title 18. (Ord. 2006-005 §1, 2006; Ord. 95-075 §1, 1995; Ord. 93-043 §22C, 1993) 18.124.090. Right of Way Improvement Standards. Any dedications or improvements to the road right of way required under DCC 18.124 shall meet the standards for road right of way improvements set forth in DCC Title 17 and any standards for right-of-way improvements set forth in DCC Title 18 for the particular zone in question. (Ord. 97-003 §4, 1997) PAGE 6 OF 6 — EXHIBIT "D" TO ORDINANCE 2008-015 (6/25/2008)