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HomeMy WebLinkAboutSunriver Town Center Code DocsJanuary 18, 2008 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. 18.116.040. 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 Repealed. 18.116.120.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 Repealed. 18.116.210.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 II 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. 18.116.010. Authorization of similar uses. A. The purpose of DCC 18.116.010 is to, consistent with provisions of state law, provide for land uses not specifically listed in any zone, but which are similar in character, scale, impact and performance to a permitted or conditional use specified in a particular zone. B. Review Criteria. A similar use may be authorized by the Planning Director or Hearings Body provided that the applicant establishes that the proposed use meets the following criteria: 1. The use is not listed specifically in any zone; 2. The use is similar in character, scale, impact and performance to one or more of the permitted or conditional uses listed for the zone in which it is proposed; and 3. The use is consistent with any applicable requirements of state law with respect to what uses may be allowed in the particular zone in question. Any similar use authorized by the Planning Director or Hearings Body shall conform to the applicable standards and requirements of the zone in which it is located, including any requirements for conditional use review set forth in DCC 18.128. C. Procedure: 1. A property owner may initiate a request for authorization of a similar use by filing an application with the Planning Division on forms prescribed by the division. 2. The Planning Director or Hearings Body shall consider a request for authorization of a similar use under the requirements of Title 22, the Deschutes County Uniform Development Procedures Ordinance. (Ord. 91-038 § 3, 1991) 18.116.020. Clear vision areas. A. In all zones, a clear vision area shall be maintained on the corners of all property at the intersection of two streets or a street and a Chapter 18.116 1 (12/2006) January 18, 2008 railroad. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding three and one-half feet in height, measured from the top of the curb or, where no curb exists, from the established street centerline grade, except that trees exceeding this height may be located in this area provided all branches and foliage are removed to a height of eight feet above the grade. B. A clear vision area shall consist of a triangular area on the corner of a lot at the intersection of two streets or a street and a railroad. Two sides of the triangle are sections of the lot lines adjoining the street or railroad measured from the corner to a distance specified in DCC 18.116.020(B)(1) and (2). Where lot lines have rounded corners, the specified distance is measured from a point determined by the extension of the lot lines to a point of intersection. The third side of the triangle is the line connecting the ends of the measured sections of the street lot lines. The following measurements shall establish clear vision areas within the County: 1. In an agricultural, forestry or industrial zone, the minimum distance shall be 30 feet or at intersections including an alley, 10 feet. 2. In all other zones, the minimum distance shall be in relationship to street and road right of way widths as follows: Right of way Width Clear vision 80 feet or more 20 feet 60 feet 30 feet 50 feet and less 40 feet (Ord. 91-020 § 1, 1991) 18.116.030. Off-street parking and loading. A. Compliance. No building or other permit shall be issued until plans and evidence are presented to show how the off-street parking and loading requirements are to be met and that property is and will be available for exclusive use as off-street parking and loading. The subsequent use of the property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by DCC Title 18. B. Off-Street Loading. Every use for which a building is erected or structurally altered to the extent of increasing the floor area to equal a minimum floor area required to provide loading space and which will require the receipt or distribution of materials or merchandise by truck or similar vehicle, shall provide off-street loading space on the basis of minimum requirements as follows: 1. Commercial, industrial and public utility uses which have a gross floor area of 5,000 square feet or more shall provide truck loading or unloading berths subject to the following table: Sq. Ft. of Floor Area No. of Berths Required Less than 5,000 0 5,000-30,000 1 30,000-100,000 2 100,000 and Over 3 2. Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreation or entertainment facilities and any similar use which has a gross floor area of 30,000 square feet or more shall provide off-street truck loading or unloading berths subject to the following table: Sq. Ft. of Floor Area No. of Berths Required Less than 30,000 0 30,000-100,000 1 100,000 and Over 2 3. A loading berth shall contain space 10 feet wide, 35 feet long and have a height clearance of 14 feet. Where the vehicles generally used for loading exceed these dimensions, the required length of these berths shall be increased. 4. If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result in less space than is required to adequately handle the needs of the particular use. 5. Off-street parking areas used to fulfill the requirements of DCC Title 18 shall not Chapter 18.116 2 (12/2006) January 18, 2008 be used for loading and unloading operations except during periods of the day when not required to take care of parking needs. C. Off-Street Parking. Off-street parking spaces shall be provided and maintained as set forth in DCC 18.116.030 for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of DCC Title 18 is changed. D. Number of Spaces Required. Off-street parking shall be provided as follows: 1. Residential. Use Requirements One, two and three family dwellings 2 spaces per dwelling unit Multi-family dwelling containing four or more dwelling units: Studio or efficiency unit 0.75 space per unit 1 bedroom 1.00 space per unit 2 bedroom 1.50 space per unit 3 bedroom 2.25 space per unit 4 bedroom 2.50 space per unit Apartment/hotel, rooming or boarding house 0.50 space guest parking per dwelling unit Quad or quint dwelling 4.50 spaces per quad and 5.50 spaces per quint 2. Commercial Residential. Use Requirements Hotel 1 space per guest room plus 1 space per 2 employees. Motel 1 space per guest room or suite plus 1 additional space for the owner-manager Club or lodge Spaces to meet the combined requirements of the uses being conducted such as hotel, restaurant, auditorium, etc. Fraternity, sorority or dormitory 1 space for each 6 student beds 3. Institutions. Use Requirements Welfare or correctional institution 1 space per 3 beds for patients or inmates Convalescent Hospital, nursing hospital, sanitarium, rest home, home for the aged 1 space per 2 beds for patients or residents Hospital 1.50 spaces per bed 4. Places Of Public Assembly. Use Requirements Church 1 space per 4 seats or 8 feet of bench length in the main auditorium or 1 space for each 50 sq. ft. of floor area used for assembly Library, reading room, museum, art gallery 1 space per 400 sq. ft. of floor area plus 1 space per 2 employees Preschool, nursery or kindergarten 2 spaces per teacher Elementary or junior high schools 1 space per 4 seats or 8 feet of bench length in auditorium or assembly room, whichever is greater, plus 1 space per employee. High schools 1 space for each 6 students or 1 space per 4 seats or 8 feet of bench length in the main auditorium, whichever is greater, plus 1 space per employee College or commercial school for adults 1 space per 3 seats in classrooms Other auditorium or meeting room 1 space per 4 seats or 8 feet of bench length. If no fixed seats or benches, 1 space per 60 sq. ft. of floor space. 5. Commercial Amusements. Use Requirements Stadium, arena or 1 space per 4 seats or 8 Chapter 18.116 3 (12/2006) January 18, 2008 theater feet of bench length Bowling alley 6 spaces per lane, plus 1 space per 2 employees Dance hall or skating rink 1 space per 100 sq. ft. of floor area, plus 1 space per 2 employees. 6. Commercial. Use Requirements Grocery stores of 1,500 sq. ft. or less of gross floor area, and retail stores, except those selling bulky merchandise 1 space per 300 sq. ft. of gross floor areas Supermarkets, grocery stores 1 space per 200 sq. ft. of gross floor area Service or repair shops, retail stores and outlets selling furniture, automobiles or other bulky merchandise where the operator can show the bulky merchandise occupies the major area of the building 1 space per 600 sq. ft. of gross floor area Bank or office, except medical or dental 1 space per 300 sq. ft. of gross floor area Medical and dental office or clinic 1 space per 150 sq. ft. of gross floor area Eating or drinking establishments 1 space per 100 sq. ft. of gross floor area. Mortuaries 1 space per 4 seats or 8 ft. of bench length in chapels 7. Industrial. Use Requirements Manufacturing establishment 1 space per employee on the largest working shift Storage warehouse, wholesale establishment, rail or trucking freight terminal 1 space per 2,000 sq. ft. of floor area 8. Town Center District (Sunriver UUC). Use Requirements Multi-family Residential Subject to Paragraph (E)(1): 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 Town Center Mixed Use Structure: Studio or Efficiency 1.00 space per unit 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, in addition to base parking for dwelling unit 9.8. Other uses not specifically listed above shall be provided with adequate parking as required by the Planning Director or Hearings Body. The above list shall be used as a guide for determining requirements for said other uses. E. General Provisions. Off-Street Parking. 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. 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 Chapter 18.116 4 (12/2006) January 18, 2008 the uses, structures or parcels that their operations and parking needs do not overlap conflict at any point of time. Further, the total parking required for the two or more land uses may be reduced to reflect internal trip between/among multiple uses. 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. Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. 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 18.116.030(E)(7). Such parking shall be located in a safe and functional manner as determined during site plan approval. The burden of proving the existence of such off-premise parking arrangements rests upon the 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. Parking, Front Yard. Required parking and loading spaces for multi-family dwellings or commercial and industrial uses shall not be located in a required front yard, except in the Sunriver UUC Business Park (BP) District and the La Pine UUC Business Park (LPBP) District and the LaPine UUC Industrial District (LPI), but such space may be located within a required side or rear yard. 6. On-Street Parking Credit. Notwithstanding DCC 18.116.030(G)(2), within commercial zones in the La Pine Planning Area and the Terrebonne and Tumalo unincorporated communities, the amount of required off-street parking can be reduced by one off-street parking space for every allowed on-street parking space adjacent to a property up to 30% of the required off-street parking. On-street parking shall follow the established configurations in the parking design standards under DCC 18.116.030 Table 1. To be considered for the parking credit, the proposed parking surface, along the street frontage under review, must have a defined curb line and improved as required under DCC 17.48, with existing pavement, or an engineered gravel surface. For purposes of establishing credit, the following constitutes an on-street parking space: a. Parallel parking (0 degree), each 20 feet of uninterrupted curb; b. Diagonal parking (60 degree), each with 11 feet of curb; c. Perpendicular parking (90 degree), each with 10 feet of curb; d. Curb space must be connected to the lot that contains the use; e. Parking spaces that would not obstruct a required clear vision area, nor any other parking that violates any law or street standard; and f. On-street parking spaces credited for a specific use may not be used exclusively by that use, but shall be available for general public use at all times. No signs or actions limiting general public use of on-street spaces is permitted. 7. Transportation Demand Management. Motor vehicle parking requirements may be reduced based on implementation of a Transportation Demand Management (TDM) plan, subject to the approval of the Planning Director or Hearings Body upon a finding that the proposed TDM plan will reduce the need for motor vehicle parking to a level of parking that Chapter 18.116 5 (12/2006) January 18, 2008 is lower than the amount of parking required by DCC 18.116.030 and a finding that the applicant has demonstrated and assured the County that the TDM measures will remain in place. 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. 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. F. Development and Maintenance Standards for Off-Street Parking Areas. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows: 1. Except for parking to serve residential uses, an off-street parking area for more than five vehicles shall be effectively screened by a sight obscuring fence when adjacent to residential uses, unless effectively screened or buffered by landscaping or structures.. 2. Any lighting used to illuminate off-street parking areas shall be so arranged that it will not project light rays directly upon any adjoining property in a residential zone. 3. Groups of more than two parking spaces shall be located and designed to prevent the need to back vehicles into a street or right of way other than an alley. 4. Areas used for standing and maneuvering of vehicles shall be paved surfaces adequately maintained for all weather use and so drained as to contain any flow of water on the site. An exception may be made to the paving requirements by the Planning Director or Hearings Body upon finding that: a. A high water table in the area necessitates a permeable surface to reduce surface water runoff problems; or b. The subject use is located outside of an unincorporated community and the proposed surfacing will be maintained in a manner which will not create dust problems for neighboring properties; or c. The subject use will be in a Rural Industrial Zone or an Industrial District in an unincorporated community and dust control measures will occur on a continuous basis which will mitigate any adverse impacts on surrounding properties. 5. Access aisles shall be of sufficient width for all vehicular turning and maneuvering. 6. Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and maximum safety of pedestrians and vehicular traffic on the site. The number of service drives shall be limited to the minimum that will accommodate and serve the traffic anticipated. Service drives shall be clearly and permanently marked and defined through the use of rails, fences, walls or other barriers or markers. Service drives to drive in establishments shall be designed to avoid backing movements or other maneuvering within a street other than an alley. 7. Service drives shall have a minimum vision clearance area formed by the intersection of the driveway centerline, the street right of way line and a straight line joining said lines through points 30 feet from their intersection. 8. Parking spaces along the outer boundaries of a parking area shall be contained by a curb or bumper rail placed Chapter 18.116 6 (12/2006) January 18, 2008 to prevent a motor vehicle from extending over an adjacent property line or a street right of way. G. Off-Street Parking Lot Design. All off-street parking lots shall be designed subject to County standards for stalls and aisles as set forth in the following drawings and table: (SEE TABLE 1 AT END OF CHAPTER 18.116) 1. For one row of stalls use "C" + "D" as minimum bay width. 2. Public alley width may be included as part of dimension "D," but all parking stalls must be on private property, off the public right of way. 3. For estimating available parking area, use 300-325 square feet per vehicle for stall, aisle and access areas. 4. For large parking lots exceeding 20 stalls, alternate rows may be designed for compact cars provided that the compact stalls do not exceed 30 percent of the total required stalls. A compact stall shall be eight feet in width and 17 feet in length with appropriate aisle width. 5. For Multi-family Residential uses allowed by DCC 18.108.055(A)(6), minimum parking 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. (Ord. 2004-013 § 12, 2004; Ord. 2003-005 § 2, 2003; Ord. 2002-015 § 2, 2002, Ord. 2001-044 § 4, 2001; Ord. 97-078 § 6, 1997; Ord. 96-003 § 7, 1996; Ord. 93-063 § 2, 1993; Ord. 93-043 § 19, 1993; Ord. 91-038 § 1, 1991; Ord. 91-020 § 1, 1991; Ord. 90-017 § 1, 1990) 18.116.031. Bicycle parking. New development and any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005 shall comply with the provisions of DCC 18.116.031. A. Number and Type of Bicycle Parking Spaces Required. 1. General Minimum Standard. All uses that require off-street motor vehicle parking shall, except as specifically noted, provide one bicycle parking space for every five required motor vehicle parking spaces. Except as specifically set forth herein, all such parking facilities shall include at least two sheltered parking spaces or, where more than 10 bicycle spaces are required, at least 50 percent of the bicycle parking spaces shall be sheltered. 2. Special Minimum Standards. a. Multi-Family Residences. Every residential use of four or more dwelling units shall provide at least one bicycle parking space for each unit. In those instances in which the residential complex has no garage, required spaces shall be sheltered. b. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every 10 motor vehicle parking spaces. c. Schools. Secondary schools, both public and private, shall provide one bicycle parking space for every 10 students, all of which shall be sheltered. d. Colleges. One-half of the bicycle parking spaces at colleges, universities and trade schools shall be sheltered facilities. 3. Trade Off with Motor Vehicle Parking Spaces. a. One motor vehicle parking space may be deleted from the required number of spaces in exchange for providing required bicycle parking. Any deleted motor vehicle space shall be replaced with at least five bicycle spaces. If such additional parking is to be located in the area of the deleted automobile parking space, it must meet all other bicycle parking standards. b. The Hearings Body or Planning Director may authorize additional Chapter 18.116 7 (12/2006) January 18, 2008 bicycle parking in exchange for required motor vehicle parking in areas of demonstrated, anticipated, or desired high bicycle use. 4. Calculating number of bicycle spaces. a. Fractional spaces shall be rounded up to the next whole space. b. For facilities with multiple uses (such as a commercial center) bicycle- parking requirements shall be calculated by using the total number of motor vehicle spaces required for the entire development. B. Bicycle Parking Design. 1. General Description. a. Sheltered Parking. Sheltered parking may be provided within a bicycle storage room, bicycle locker, or racks inside a building; in bicycle lockers or racks in an accessory parking structure; underneath an awning, eave, or other overhang; or by other facility as determined by the Hearings Body or Planning Director that protects the bicycle from direct exposure to the elements. b. Unsheltered parking may be provided by bicycle racks. 2. Location. a. Required bicycle parking that is located outdoors shall be located on- site within 50 feet of main entrances and not farther from the entrance than the closest motor vehicle parking space. Bicycle parking shall be located in areas of greatest use and convenience to bicyclist. Such bicycle parking shall have direct access to both the public right of way and to the main entrance of the principal use. b. Bicycle parking facilities shall be separated from motor vehicle parking and drive areas by a barrier or sufficient distance to prevent damage to the parked bicycle. c. Where bicycle parking facilities are not directly visible and obvious from the public right(s) of way, entry and directional signs shall be provided to direct bicyclists for the public right of way to the bicycle parking facility. Directions to sheltered facilities inside a structure may be signed, or supplied by the employer, as appropriate. 3. Dimensional Standards. a. Each bicycle parking space shall be at least two by six feet with a vertical clearance of seven feet. b. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking. c. Each required bicycle parking space shall be accessible without moving another bicycle. 4. Surface. The surface of an outdoor parking facility shall be surfaced in the same manner as the motor vehicle parking area or with a minimum of one- inch thickness of aggregate material. This surface will be maintained in a smooth, durable, and well-drained condition. 5. Security. a. Bicycle parking facilities shall offer security in the form of either a lockable enclosure in which the bicycle can be stored or a stationary object (i.e., a "rack") upon which the bicycle can be locked. Structures that require a user-supplied lock shall accommodate both cables and U- shaped locks and shall permit the frame and both wheels to be secured (removing the front wheel may be necessary). All bicycle racks, lockers, or other facilities shall be permanently anchored to the surface of the ground or to a structure. b. Lighting shall be provided in a bicycle parking area so that all facilities are thoroughly illuminated and visible from adjacent sidewalks or motor vehicle parking. 6. Other means that provide the above level of bicycle parking may be approved by Chapter 18.116 8 (12/2006) January 18, 2008 the Hearings Body or the Planning Director. (Ord. 93-005 § 4, 1993) 18.116.035. Bicycle commuter facilities. A. Each commercial or public building having a work force of at least 25 people shall have bicycle commuter facilities consisting of shower(s) and changing rooms(s). For facilities with more than one building (such as a college), bicycle commuter facilities may be located in a central location. B. This provision shall apply to (1) new development requiring off-street parking and (2) any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005. (Ord. 93-005 § 5, 1993) 18.116.040. Accessory uses. An accessory use shall comply with all requirements for a principal use, except as DCC Title 18 specifically allows to the contrary, and shall comply with the following limitations: A. The primary use of the property must be established or applied for prior to issuance of any building or land use permits for an accessory structures. 1. Exception: a. Building permit for a ramada or carport may be issued without establishment or application of primary use if all other criteria for issuance are met. b. Land use, building or environmental health permits or extensions of such permits sought to correct existing code violations for the subject property shall be issued if all other criteria for issuance are met. c. A building permit for an accessory structure or structures not exceeding a combined total of 2,000 square feet in size, with no windows, with only one floor, an operable garage door, no plumbing or stack vents through the roof or walls and not requiring plumbing or mechanical permits. B. A side yard or rear yard may be reduced to five feet for an accessory structure erected more than 65 feet from a front lot line, provided the structure is detached from other buildings by five feet or more and does not exceed a height of one story nor an area of 450 square feet. C. Boats and trailers, travel trailers, pickup campers or coaches, motorized dwellings and similar recreational equipment may be stored on a lot but not used as an accessory use in any zone provided that: 1. In a residential zone, parking or storage in a front yard or in a side yard adjoining a street other than an alley shall be permitted only on a driveway. 2. Parking or storage shall be at least three feet from an interior side lot line. D. A manufactured home may be stored on an individual lot subject to obtaining a zoning approval from the Planning Division and subject to the following: 1. Storage period shall not exceed one year. 2. No utilities other than electric may be connected. 3. The mobile home shall not be inhabited. 4. The subject lot is not located in a CH, Conventional Housing Combining Zone. (Ord. 96-057 § 1, 1996; Ord. 95-077 § 1, 1995; Ord. 95-075 § 1, 1995; Ord. 91-038 § 1, 1991) 18.116.050. Manufactured homes. Manufactured Home Classes. For purposes of these regulations, manufactured homes are divided into the following types: A. A Class A manufactured home shall: 1. Have more than 1,000 square feet of occupied space in a double section or larger multi-section unit; 2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting shall be required; 3. Have wheels, axles and hitch mechanisms removed; 4. Have utilities connected subject to the requirements of the Building Codes Chapter 18.116 9 (12/2006) January 18, 2008 Agency and manufacturer's specifications; 5. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code as of June 15, 1976; 6. Have roofing materials of a type customarily used on site constructed residences, including wood shakes or shingles, asphalt or fiberglass shingles, corrugated mat finish colored metal and tile materials, but not including high gloss corrugated aluminum or fiberglass panels. The roof pitch shall be a minimum of two over 12; and 7. Have siding materials of a type customarily used on site-constructed residences such as clapboard, horizontal vinyl or aluminum lap-siding, cedar or other wood siding, brick or stone, and not including high gloss finished material, corrugated metal or fiberglass, or metal or plastic panels. B. A Class B manufactured home shall: 1. Have at least 750 square feet of occupied space in a single, double, expand or multi-section unit; 2. Be placed on a foundation, as specified by the manufacturer. Skirting shall be required; 3. Have wheels, axles and hitch mechanisms removed; 4. Have utilities connected subject to the requirements of the Building Codes Agency and manufacturer's specifications; 5. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code as of June 15, 1976; 6. Have roofing materials of a type customarily used on site constructed residences, including wood shakes or shingles, asphalt or fiberglass shingles, corrugated matte finish colored metal and tile materials, but not including high gloss corrugated aluminum or fiberglass panels. The roof pitch shall be a minimum of two over 12; and 7. Have siding materials of a type customarily used on site constructed residences such as clapboard, horizontal vinyl or aluminum lap siding, cedar or other wood siding, brick or stone, and not including high gloss finished material, corrugated metal or fiberglass, or metal or plastic panels. C. A Class C manufactured home shall: 1. Have at least 576 square feet of occupied space, excluding tipouts and hitches; 2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting shall be required; 3. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code as of June 15, 1976, or bear the Oregon Department of Commerce "Insignia of Compliance"; and 4. Have utilities connected subject to the requirements of the Building Codes Agency and manufacturer's specifications. D. A Class D manufactured home shall: 1. Have more than 320 square feet of occupied space; 2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting shall be required; and 3. Have utilities connected subject to requirements of the Building Codes Agency and manufacturer's specifications. (Ord. 2004-013 § 12, 2004; Ord. 2001-013 § 1, 2001; Ord. 2000-033 § 7, 2000; Ord. 93-043 §§ 19B-E, 1993; Ord. 91-038 § 4, 1991; Ord. 91-017 §§ 1-3 and 4, 1991; Ord. 91-005 §§ 38-40 and 41, 1991; Ord. 89-004 §§ 3 and 5, 1989; Ord. 81-042 § 1-3 and 4, 1981) 18.116.070. Placement standards for manufactured homes. A. As defined in DCC 18.116.050, Class A and B manufactured homes shall be permitted as follows, subject to the requirements of the underlying zone: Chapter 18.116 10 (12/2006) January 18, 2008 1. In the following zones, except where there is a Conventional Housing Overlay Zone (CH): Any EFU zone, MUA-10, F- 1, F-2, RR-10, any area zoned as an unincorporated community (as that term is defined herein), RSR-M, RSR-5, and FP as the primary dwelling, and R-I and SM as a caretaker's residence. 2. In manufactured home parks and subdivisions. 3. As permitted in DCC 18.116.080 and 18.116.090. 4. Class A and B manufactured homes are not permitted in any historic district or on any historic site. B. Class C manufactured homes shall be permitted as follows: 1. Except as otherwise allowed in DCC 18.116.070, on parcels 10 acres in size or larger. 2. As a secondary accessory farm dwelling. 3. In manufactured home parks and manufactured home subdivisions. 4. As permitted in DCC 18.116.080 and 18.116.090. 5. As a replacement to an existing non- conforming manufactured home destroyed by fire or other natural act, or as an upgrade to an existing manufactured home. 6. In the following subdivisions: Rockview II, Tetherow Crossing, Chaparral Estates, Crystal Acres, Hidden Valley Mobile Estates, Johnson Acres, Seven Peaks, Sun Mountain Ranches, Deschutes River Homesites Rimrock Addition, Happy Acres, Rancho El Sereno, Whispering Pines, Bend Cascade View Estates, Raintree, Holmes Acres, La Pine Meadows North, Pine Crest Ranchettes, Dora's Acres, Pierce Tracts, Roan Park, South Forty, Tomes, Crooked River Ranch, Dale Acres, Replat/Hillman, Lake Park Estates, Mary K. Falls Estates. 7. Class C manufactured homes are not permitted in any historic district or on any historic site. C. An exception may be granted by the Planning Director or Hearings Body to allow a Class C manufactured home to be placed in a subdivision which is not listed in DCC 18.116.070(B)(6), where all of the following conditions exist: 1. The manufactured home is specifically designed or has been substantially modified for wheelchair or disabled access (disabled accessible manufactured home). 2. There are Class C manufactured homes in the subdivision located within one-quarter mile of the lot upon which the manufactured home will be placed. 3. The disabled accessible manufactured home and lot upon which the manufactured home is to be placed were purchased by the applicant prior to February 22, 1989. D. Class D manufactured homes shall be permitted as follows: 1. In manufactured home parks and subdivisions. 2. As permitted in DCC 18.116.080 and 18.116.090. 3. Class D manufactured homes are not permitted in any historic district or on any historic site. (Ord. 2000-033 § 8, 2000; Ord. 96-003 § 8, 1996; Ord. 91-020 § 1, 1991; Ord. 91-005 §§ 42 and 43, 1991; Ord. 89-016 § 1, 1989; Ord. 89-014 § 1, 1989; Ord. 89-004 §§ 3 and 5, 1989; Ord. 81-042 § 5, 1981) 18.116.080. Manufactured home or RV as a temporary residence on an individual lot. A manufactured home of any class or a recreational vehicle may be authorized as a temporary residence on an individual lot and shall comply with the following additional provisions: A. The manufactured home or recreational vehicle shall be placed upon a lot for which a building permit for a housing unit has been obtained. B. The manufactured home or recreational vehicle shall be occupied only during a period in which satisfactory progress is being made Chapter 18.116 11 (12/2006) January 18, 2008 toward the completion of the housing unit on the same site. C. Electric, water and sewer utility connections shall be made to the manufactured home or recreational vehicle. D. The manufactured home shall be removed from the lot not later than 18 months following the date on which the building permit for the housing unit is issued or not later than two months following the date of final building inspection of the housing unit, whichever occurs first. The habitation of the recreational vehicle must cease, and its connection to all utilities other than electric must be discontinued not later than 18 months following the date on which the building permit for the housing unit is issued or not later than two months following the completion of the housing unit, whichever occurs first. E. All evidence that the manufactured home has been on the lot shall be removed within the 30 days following the removal of the manufactured home. (Ord. 93-043 § 19F, 1993; Ord. 91-005 § 44, 1991; Ord. 89-004 § 4, 1989) 18.116.090. A manufactured home as a temporary residence for medical condition. A. A temporary use permit for a manufactured home of any class in a residential area may be granted when a medical condition exists which requires the temporary location of a manufactured home on the property in order to provide necessary care for a member of the principal occupant's family. Such medical condition must be verified by a doctor's written statement, which shall accompany the permit application. B. The temporary use permit shall be reviewed annually for compliance with the terms of DCC 18.116.090. C. The manufactured home shall be removed not later than 90 days following the date the medical condition requiring the temporary use permit ceases to exist. (Ord. 91-005 § 45, 1991; Ord. 89-004 § 5, 1989) 18.116.095. Recreational vehicle as a temporary residence on an individual lot. A. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel not containing a dwelling and used as a temporary dwelling unit: 1. For a period totaling not more than 30 days in any consecutive 60-day period without obtaining a land use permit from the Deschutes County Planning Division; or 2. For a total period not to exceed six months in a calendar year by obtaining a temporary use permit under the terms of DCC 18.116.095 from the Deschutes County Planning Division. A temporary use permit may be renewed annually for use of a recreational vehicle under the terms of DCC 18.116.095 on the same lot or parcel. B. All necessary permits shall be obtained from the Deschutes County Building Safety Division before connecting a recreational vehicle to sewer, water and/or electric utility services. C. A permit shall be obtained from the Deschutes County Environmental Health Division before disposing any wastewater or sewage on-site. D. A recreational vehicle used as a temporary dwelling unit shall meet the same setbacks required of a permanent dwelling on the subject lot. (Ord. 98-062 §1, 1998; Ord. 95-075 § 1, 1995; Ord. 91-038 § 3, 1991) 18.116.100. Building projections. Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys and flues shall not project more than three feet into a required yard, provided that the projection is not closer than three feet to a property line. (Ord. 91-038 § 4, 1991) Chapter 18.116 12 (12/2006) January 18, 2008 18.116.120. Fences. A. Fences which form a solid barrier or are sight obstructive shall not exceed three and one- half feet in height when located in a required front yard or in a clear vision area. B. Fences in Wildlife Area Combining Zones shall be designed in conformance with the requirements of DCC 18.88. C. All fences shall comply with the requirements of the State of Oregon Building Code. (Ord. 92-042 § 3, 1992; Ord. 91-038 § 1, 1991) 18.116.130. Hydroelectric facilities. A. No new hydroelectric facilities shall be constructed, and no existing hydroelectric facilities shall be enlarged or expanded in size of area or generating capacity, on the following rivers and streams within Deschutes County: 1. Deschutes River, from its headwaters to River Mile 227, above, but not including Wickiup Dam, and from Wickiup Dam to River Mile 171 below Lava Island Falls; 2. Crooked River; 3. Fall River; 4. Little Deschutes River; 5. Spring River; 6. Paulina Creek; 7. Whychus Creek; and 8. Tumalo Creek.. B. Hydroelectric facilities are allowed as a conditional use on the Deschutes River at Wickiup Dam, and from River Mile 171 below Lava Island Falls downstream to the northern Deschutes County line. Such conditional use shall be governed by the conditions set forth in DCC 18.128.260. (Ord. 86-018 § 17, 1986) 18.116.140. Electrical substations. Electrical substations, whether as an outright or conditional use, shall submit a site plan complying with the provisions of DCC Title 18 to the Planning Department. (Ord. 91-020 § 1, 1991) 18.116.150. Endangered species. Developments which occur in areas which may disturb species (plant or animal) listed by the U.S. Environmental Protection Agency or the Department of Fish and Wildlife as endangered shall prepare an acceptable protection plan for use during and after construction (e.g., a nest protection plan for developments in the vicinity of Bald Eagle nesting sites). (Ord. 91-020 § 1, 1991) 18.116.160. Rimrock setbacks outside of LM combining zone. All structures, including decks, within 50 feet from the edge of a rimrock, as defined in DCC 18.04.030, shall be subject to site review if visible from the river or stream. Prior to approval of any structure within 50 feet of a rimrock, the Planning Director or Hearings Body shall make the following findings: A. All structures, including decks, shall be set back a minimum of 20 feet from the edge of the rimrock. B. The height of the structure shall not exceed the setback from the edge of the rimrock. C. Existing trees and shrubs which reduce the visibility of the proposed structure shall be retained. D. Where multiple structures are proposed on a parcel of land the structures shall be grouped or clustered so as to maintain a general appearance of open landscape for the effected area. This shall require a maintenance of at least 65 percent open space along all rimrocks. (Ord. 92-034 § 3, 1992; Ord. 91-020 § 1, 1991; Ord. 88-004 § 1, 1988; Ord. 86-053 § 21, 1986; Ord. 85-016 § 2, 1985; Ord. 82-013 § 2, 1982; Ord. 81-015 § 1, 1981) 18.116.170. Solar height restrictions. No building, structure or nonexempt vegetation may exceed the solar height restriction established on a burdened property by the solar access of a benefited property. (Ord. 83-037 § 25, 1983) Chapter 18.116 13 (12/2006) January 18, 2008 18.116.180. Building setbacks for the protection of solar access. A. Purpose. The purpose of DCC 18.116.180 is to provide as much solar access as practical during the winter solar heating hours to existing or potential buildings by requiring all new structures, excepting lots less than 10,000 square feet in size or under 80-feet average width, as defined by DCC 17.08.030 “lot width,” and located in the Neighborhood Planning Area of the Urban Unincorporated Community – La Pine, to be constructed as far south on their lots as is necessary and feasible. B. Standards. Every new structure or addition to an existing structure, excepting lots less than 10,000 square feet in size or under 80-feet average width, as defined by DCC 17.08.030 “lot width,” and located in the Neighborhood Planning Area of the Urban Unincorporated Community – La Pine, shall meet the following standards for a solar setback from the north lot line, except as provided in DCC 18.116.180(B)(3): 1. South Wall Protection Standard. The south wall protection standard is based on an eight-foot solar fence on the subject property's north lot line which allows solar radiation on a neighboring building's south wall above two feet from the ground, assuming a 20-foot setback from the common property line to the neighboring building. Solar setbacks for the south wall protection standards can be calculated with the diagram in Appendix A-1 or estimated with the table in Appendix A-2. Final determination of solar setback distance is made by entering the following variables into the Deschutes County Shadow Length computer program: a. Pole height; b. The eight-foot fence height; c. The scale of the plot plan submitted in feet per inch; and d. Degrees of slope of the land from east to west and from north to south. e. If a setback meeting this requirement is not feasible due to physical constraints of the lot, including, but not limited to, rock outcroppings, septic systems, existing legal restrictions or lot dimensions, as determined by the Planning Director or Hearings Body, then the structure or addition must be located as far to the south on the lot as feasible and must meet the standard set forth in DCC 18.116.180(B)(2). 2. South Roof Protection Standard. The south roof protection standard is based on a 14 foot solar fence on the subject property's north lot line which allows for solar radiation on a neighboring building above eight feet from ground level and assuming a 20 foot setback from the common boundary line to the neighboring building. Solar setbacks for this standard can be calculated using the diagram in Appendix B-1 or estimated using the table in Appendix B-2. Final determination of the setback will be made using the Shadow Length computer program by specifying a 14-foot solar fence and additional site specific information as listed in DCC 18.116.180(B)(1). 3. Exceptions. The south roof protection standard shall not apply only if the applicant establishes: a. That the structure cannot be located on the lot without violating the requirements contained in Appendix B; and b. That the structure is built with its highest point as far to the south as feasible; and i. That the structure is a single family residence with a highest point less than or equal to 16 feet high; or, if not a single family residence; ii. That it is a permitted or conditional use for the lot. 4. Exemptions. a. The governing body may exempt from the provision of DCC 18.116.180 any area where it is determined that solar uses are not Chapter 18.116 14 (12/2006) January 18, 2008 feasible because the area is already substantially shaded due to heavy vegetation, steep north facing slopes, and any area or zone in which taller buildings are planned. b. The Planning Director or Hearings Body shall exempt a structure from the provisions of DCC 18.116.180 if the structure will shade only a protected area in which solar uses are not feasible because the protected area is already substantially shaded at the time a request for exemption is made and approved by the Planning Director or Hearings Body. c. The Planning Director or Hearings Body shall exempt a structure from the provisions of DCC 18.116.180 if the structure is in conformance with a solar height restriction as provided in DCC Title 17, the Subdivision/Partition Ordinance, as amended. (Ord. 2006-035 § 2, 2006; Ord. 2004-013 § 12, 2004; Ord. 91-038 § 1, 1991; Ord. 91-020 § 1, 1991; Ord. 83-037 § 3, 1983) 18.116.190. Solar access permit. A. Purpose. The purpose of DCC 18.116.190 is to provide solar access to productive solar collectors by establishing limitations, on a case by case basis, for the growth of vegetation on certain lots in the vicinity of a productive solar collector. B. Application for Solar Access Permit. 1. Any owner may submit an application for a solar access permit to provide solar access for a productive solar collector located on the owner's real property. 2. The application for a solar access permit shall be on forms prescribed by the County and shall contain, at a minimum: a. A legal description of the applicant's lot, including a statement that the applicant is the owner of the lot, and a description of the nature of the applicant's interest in the lot; b. Documentation to show that the solar collector is or will be a productive solar collector within one year of application; c. Descriptive drawings of the solar collector showing its dimensions and precise location; d. A sun chart and a statement of the solar heating hours for which solar access is sought; e. A statement that there is no reasonable alternative location for the solar collector that would result in a lesser burden on a neighboring lot; f. A statement that trimming the vegetation on the applicant's lot will not permit an alternative location that would lessen the burden on a neighboring lot; g. A list of the lots that are within 150 feet to the south, southeast, or southwest of the solar collector, including streets, alleys and other unbuildable areas; a legal description for each such lot; the owner of record and his address; the exempt vegetation located on the lot; and any existing nonexempt vegetation likely to encroach on the protected area; h. A statement that none of the lots impacted is located on a north-facing slope with a grade that exceeds, on average, 15 percent; and i. A plot plan showing the location of and delineating all exempt and nonexempt vegetation as shown on the sunchart photograph as well as any nonexempt vegetation not shown on the sunchart which may encroach on the protected area in the future. The plot plan shall also include: i. The exact site of the solar collector, its height and its orientation. ii. Scale. iii. An indication of true north. iv. A survey of the lot. 3. The solar access permit application shall be approved if: a. The solar collector is or will be a productive solar collector; Chapter 18.116 15 (12/2006) January 18, 2008 b. The protected area to be created by the solar access permit is reasonably located. A solar access permit shall be denied under DCC 18.116.190(B)(3)(b) if the applicant could trim his own vegetation to permit an alternative location that would be less burdensome upon a burdened neighboring lot. A solar access permit shall also be denied under DCC 18.116.190(B)(3)(b) if there is an alternate location that would impose a lesser burden on a neighboring lot or lots; c. The applicant requests solar heating hours no greater than two hours before and after the solar zenith from September 22 to March 21, and three hours before and after the solar zenith from March 22 to September 21; d. The solar access provided by the permit does not burden any lot with a north facing slope with a grade that exceeds, on average, 15 percent; or which is more than 150 feet from the solar collector; and e. The application is accurate and complete. C. Solar Access Permit Issuance and Recordation. 1. Upon the approval of an application, the County shall issue and acknowledge a solar access permit creating the solar access requested in the application. 2. Upon receiving such a permit, the County Clerk shall: a. Record the solar access permit in the chain of title of the applicant's lot and of each neighboring lot identified in the application; and b. Keep a copy of the approved application on file in County records. 3. The form of the solar access permit shall be as prescribed by the County and shall contain, at a minimum: a. A legal description of the applicant's lot and each neighboring lot to be burdened by the solar access created by the solar access permit; and b. A complete description of the solar access restrictions applicable to each neighboring lot, including the solar heating hours during which solar access is provided, and a sun chart showing the plotted skyline, including vegetation and structures, and a scaled drawing showing the size and location of the protected area and its orientation with respect to true south; and c. A reference to where the approved application may be obtained. D. Obligation Created by Solar Access Permit. The owner of any lot burdened by a solar access permit shall trim any vegetation not exempted on the burdened lot that shades the protected area created by the solar access permit, provided that there is no vegetation on the lot benefited by the solar access permit that also shades the protected area. The cost of such trimming shall be borne by the owner of the benefited lot if the vegetation existed at the time of permit application as shown on the plot plan; and for all other vegetation, by the owner of the burdened lot. Before any trimming is required, the collector owner must certify that the collector is still productive. E. Termination of Solar Access Permit. 1. The Planning Director or Hearings Body shall terminate the solar access permit with respect to all or part of the neighboring lots burdened by the solar access permit if a petition for termination is submitted by the applicant or the applicant's successor in interest, or the collector is not productive for 12 consecutive months. 2. The County Clerk shall record the termination of the solar access permit in the chain of title of each lot affected by the termination. (Ord. 93-043 § 19G, 1993; Ord. 91-020 § 1, 1991; Ord. 83-037 § 3, 1983) 18.116.200. (Repealed by Ord. 98-062, 1998) Chapter 18.116 16 (12/2006) January 18, 2008 18.116.210. Residential homes and residential facilities. A. Residential homes and residential facilities shall be permitted in the same manner that single-family dwellings are permitted under DCC Title 18. For the purposes of DCC Title 18, the term "dwelling" or "single-family dwellings" shall be synonymous with the terms "residential home" or "residential facility." B. In any application for a residential home or residential facility, the applicant shall not be required to supply any information concerning the existence of or the nature or severity of any handicap (as that term is defined under the Fair Housing Act) of prospective residents. (Ord. 91-038 § 3, 1991) 18.116.215. Family childcare provider. A. A family childcare provider’s home shall be considered a residential use of property, permitted in all areas zoned for residential and commercial purposes, including areas zoned for single-family dwellings. B. The family childcare provider’s home is subject to the same restrictions imposed on any residential dwelling in the same residential or commercial zone. (Ord. 97-003 §3, 1997) 18.116.220. Conservation easements on property adjacent to rivers and streams-prohibitions. A. As a condition of approval of all land use actions involving property adjacent to the Deschutes River, Crooked River, Fall River, Little Deschutes River, Spring River, Paulina Creek, Whychus Creek and Tumalo Creek, the property owner shall convey to the County a conservation easement, as defined in DCC 18.04.030, "Conservation Easement," affecting all property on the subject lot which is within 10 feet of the ordinary high water mark of the river or stream. B. The form of the conservation easement shall be as prescribed by the County and may contain such conditions as the County deems necessary to carry out the purposes described in DCC 18.04.030, "Conservation Easement." C. Any public access required as part of a conservation easement shall be subject to the following conditions: 1. Public access shall be limited to foot traffic for recreational purposes and the putting in or taking out of boats. 2. Unless otherwise permitted by the affected property owner, public access does not allow public passage through other private property to gain access to the property subject to the conservation easement. 3. Unless otherwise permitted by state law, County ordinance or the property owner, no person on the subject property as a result of a public access requirement of a conservation easement shall deposit solid waste, damage or remove any property, (including wildlife and vegetation) maintain or ignite fires or fireworks, discharge firearms or camp. (Ord. 91-020 § 1, 1991; Ord. 89-004 § 3, 1989; Ord. 86-054 § 2, 1986) 18.116.230. Standards for class I and II road projects. Class I and II road or street projects shall be reviewed against the applicable Comprehensive Plan Transportation Plan element, shall be consistent with applicable road standards and shall meet the following criteria: A. Compatibility with existing land use and social patterns, including noise generation, safety hazards (e.g. children in a residential area), and zoning. B. Environmental impacts, including hazards imposed to and by wildlife (e.g. migration or water use patterns). C. Retention of scenic quality, including tree preservation. D. Means to improve the safety and function of the facility, including surrounding zoning, access control and terrain modifications. Chapter 18.116 17 (12/2006) January 18, 2008 E. In the case of roadways where modification results in a change of traffic types or density, impacts on route safety, route land use patterns, and route nonmotorized/pedestrian traffic. F. Consideration of the potential developmental impact created by the facility. G. Cost effectiveness. (Ord. 93-043 § 19H, 1993) 18.116.240. Protection of historic sites. Historic sites listed and described on the County's Goal 5 inventory, contained in the Resource Element of the comprehensive plan, shall be protected or not protected in accordance with programs set forth in the ESEE determinations for each individual site, adopted as part of the Resource Element of the comprehensive plan and any comprehensive plan policies specifically applicable to the site. The uses allowed and dimensional standards prescribed by the underlying zoning designations for designated historic sites are not otherwise affected by the historic designation. (Ord. 94-030 § 1, 1994) 18.116.250. Wireless telecommunications facilities. A. Tier 1 Facilities. Wireless telecommunica- tions facilities that do not require aviation lighting, that utilize natural wood colors or muted tones from amongst colors approved by Ordinance 97-017, that utilize a radio equipment cabinet or shelter that is less than 120 square feet in area and less than 10 feet in height, and that meet the following standards are allowed outright in any zone other than the Exclusive Farm Use, the Surface Mining Zone, and the Forest Zones and shall not be subject to any other provision of the zone: 1. Facilities established by co-locating an additional set of antennas on an existing wireless telecommunications tower or monopole that do not exceed the County approved height of the tower or monopole, and do not add ground based equipment outside the existing lease area. Notwithstanding any provision of DCC 18.116.250(A), facilities established under DCC 18.116.250(A)(1) are permitted outright in any zoning district. 2. Facilities that make use of existing vertical structures, including but not limited to power or telephone utility poles or towers, parking lot or street lighting standards or flagpoles. For the purposes of DCC 18.116.250(A), a vertical structure is “existing” if it was constructed after receiving all required land use and/or building permits on or before November 12, 1997, the date of adoption of Ordinance 97-063. A pole location in a public right of way shall not be fenced. Antennas established on an existing vertical structure shall be installed so that they do not exceed the height of the existing vertical structure by more than 15 feet. New structures in this category are limited to equipment shelters that do not require a building permit. Walk-in equipment shelters shall be set back out of any road right of way at least 20 feet back from the pole location. Any necessary road right of way permits shall be obtained from the Deschutes County Road Department. Equipment cabinets shall be subject only to the road right of way setback requirements. 3. Facilities that are established by attaching or placing an antenna or set of antennas on an existing building not designated as an historic structure, where the antenna array does not exceed the height of the building by more than 15 feet. All equipment shall be stored inside a building. For the purpose of DCC 18.116.250(A), a building exists if it was constructed after receiving all required land use and/or building permits and was occupied on or before November 12, 1997, the date of adoption of Ordinance 97-063. 4. Facilities that include installation of a new wood monopole that does not exceed the height limit of the underlying zone, and does not exceed 45 feet in height. All equipment shall be stored in a building that has a roof area that does not Chapter 18.116 18 (12/2006) January 18, 2008 exceed 120 square feet in area or 10 feet in height. The monopole, and any building, shall be set back from adjacent property lines according to the setbacks of the underlying zone. Any microwave dishes installed on the monopole shall not exceed a diameter of three feet. No more than two dishes shall be installed on a monopole or tower. The perimeter of a lease area for a facility established under DCC 18.116.250(A) shall be landscaped with shrubs eight feet in height and planted a maximum of 24 inches on center. B. Tier 2 Facilities. Wireless telecommunications facilities that do not require aviation lighting, that utilize a wood monopole for supporting antennas and/or microwave dishes and that meet the criteria in DCC 18.116.250 are allowed outright, subject to site plan review under DCC 18.116.250(B) (and not DCC 18.124.060) in the following zones: La Pine Commercial District (LPCD), La Pine Industrial District (LPID), Rural Industrial (RI), Rural Service Center (RSC), Rural Service Center-Wickiup Junction (RSC-WJ), Terrebonne Commercial District (TeC), and Tumalo Commercial District (TuC). Lattice towers or metal monopoles are not permitted with a Tier 2 facility. 1. An application for site plan review for a Tier 2 wireless telecommunications facility shall meet the following criteria: a. Maximum Monopole Height. In the LPCD, LPID, RSC, RSC-WJ, TeC, and TuC zones, the maximum height of a monopole that supports antennas and/or microwave dishes for a wireless telecommunications facility shall be 60 feet from finished grade. In the RI Zone, the maximum height of a monopole that supports antennas and/or microwave dishes for a wireless telecommunications facility shall be 75 feet from finished grade. b. Setbacks. All equipment shelters shall be set back from property lines according to the required setbacks of the underlying zone. A monopole shall be set back from any adjacent dwelling a distance equal to the height of the monopole from finished grade, or according to the setbacks of the underlying zone, whichever is greater. c. Shelters. Any equipment shelter shall be finished with natural aggregate materials or from colors approved with Ordinance 97-017. d. Landscaping. The perimeter of a lease area shall be landscaped with plant materials appropriate for its location. The lessee shall continuously maintain all installed landscaping and any existing landscaping used to screen a facility. e. Cabinets. Any equipment cabinets shall be finished with colors from amongst those colors approved with Ordinance 97-063. Such colors shall be non-reflective and neutral. f. Fences. A sight obscuring fence, as defined by DCC Title 18, shall be installed around the perimeter of the lease area. The sight obscuring fence shall surround the monopole and the equipment shelter. C. Tier 3 Facilities. Wireless telecommunications facilities (or their equivalent uses described in the EFU, Forest, and SM Zones) not qualifying as either a Tier 1 or 2 facility may be approved in all zones, subject to the applicable criteria set forth in DCC 18.128.330 and 18.128.340. 1. A request for a written determination from the County as to whether a proposed facility falls within Tiers 1 or 2 of DCC 18.116.250 shall be submitted to the County in writing and accompanied by a site plan and proposed schematics of the facility. If the County can issue a written determination without exercising discretion or by making a land use decision as defined under ORS 197.015(10), the County shall respond to the request in writing. 2. A request for a written determination from the County as to whether a Chapter 18.116 19 (12/2006) January 18, 2008 proposed facility falls within Tiers 1 or 2 of DCC 18.116.250 that involves exercising discretion or making a land use decision shall be submitted and acted upon as a request for a declaratory ruling under DCC 22.40. (Ord. 2000-19 § 1, 2000; Ord. 97-063 § 1, 1997; Ord. 97-017 § 7, 1997) 18.116.260. Rock crushing outside the SM zone. A. The following standards apply to all on-site rock crushing activity outside the SM zone: 1. The subject property has received site plan, tentative plat or final plat approval for the construction or maintenance activity for which on-site rock crushing occurs; 2. Rock crushing equipment has a valid Oregon Department of Environmental Quality air contaminant discharge permit; 3. The volume of material excavated on-site does not exceed the amount necessary to complete on-site construction and maintenance; 4. Rock crushing equipment and all activity directly associated with crushing such as truck traffic is located at least 500 feet from the nearest noise-sensitive or dust- sensitive use or structure, unless an exception to this standard is allowed pursuant to DCC 18.116.260(F); 5. No off-site material is brought on site for crushing; 6. Rock crushing equipment is removed from the site within 30 days of completing the crushing activity; and 7. Excavated and crushed material not used for on-site construction or landscaping is removed from the site prior to occupancy, where a site plan is approved, or within 60 days of completing all road, utility or other improvements where a tentative or final plat is approved. B. On-site rock crushing for on-site construction and maintenance is permitted outright in any zone, except Flood Plain (FP), or in any combining zone, except Wildlife Area (WA), Landscape Management (LM), or Sensitive Bird And Mammal Habitat (SBMH), if the requirements of DCC 18.116.260(A) and the following standards are met: 1. Rock crushing activity, including set up and crushing, occurs for no more than 60 consecutive days on a site within any one-year period; 2. Rock crushing occurs Monday through Friday, between 7:00 a.m. and 5:00 p.m., and not on legal holidays; and 3. Water is available on-site to provide dust control. C. Except for the activity allowed outright as set forth under DCC 18.116.260(B), a temporary use permit for rock crushing for on-site construction and maintenance may be permitted in any zone or combining zone subject to approval of the Planning Director or Hearings Body under the provisions of DCC 18.116.260(D). D. Use limitations. On-site rock crushing provided for in DCC 18.116.260(C) may be approved upon satisfaction of the requirements in DCC 18.166.260(A) and the following: 1. The site under consideration is suitable for rock crushing and rock crushing is compatible with the existing uses within 500 feet of the rock crushing equipment, based upon the proposed duration of use of the equipment and the natural and physical features of the site, including but not limited to, general topography, natural hazards and natural resource values; 2. An engineer registered in Oregon verifies in writing that the operation of the rock crushing equipment will meet applicable DEQ noise standards; and 3. Sufficient water is available on-site to provide approved methods of dust control. E. Application requirements. An application for a temporary use permit for on-site rock crushing shall contain the following: 1. A detailed explanation of the proposed construction and rock crushing activities, Chapter 18.116 20 (12/2006) January 18, 2008 including the duration and operating characteristics of rock crushing; 2. A map drawn to scale showing the location of property boundaries, setbacks to the rock crushing activity and any topographic features in the immediate vicinity of the proposed rock crusher; 3. A written explanation describing how each of the requirements in DCC 18.116.260(D) will be met; and 4. Any additional information which will assist in the evaluation of the proposed rock crushing. F. Setback exceptions. An exception to the setback requirement in DCC 18.116.260(A) shall be allowed pursuant to a notarized written agreement for a lesser setback made between the owner of the noise sensitive or dust-sensitive use or structure located within 500 feet of the proposed rock crushing activity and the owner or operator of the rock crusher. (Ord. 97-006 § 2, 1997) 18.116.270. Conducting filming activities in all zones. Any use of land or activity involving on-site filming and accessory and supporting activities as those terms are defined in DCC 18.116.270 shall be governed by the provisions of DCC 18.116.270 and shall govern in any conflict with other provisions of DCC Title 18 or DCC Title 22. A. On-site filming and activities accessory to on- site filming are permitted outright in any zone or combining zone of the County if: 1. The activity would involve no more than 45 days on any site within any one-year period; or 2. The activity does not involve erection of sets that remain in place for filming longer than any 45-day period and does not involve fill and removal activities regulated by DCC Title 18, involve activities within a sensitive habitat area governed by DCC 18.90 or involve activities, improvements or structures covered by DCC 18.96; and 3. All evidence of filming activity and sets is removed from the site and the site is restored to its previous condition within 15 days after the filming is complete. B. Except for the activities allowed outright as set forth under DCC 18.116.270(A), on-site filming and activities accessory to and/or supporting on-site filming may be conducted in any zone or combining zone subject to the approval of the Planning Director or Hearings Body under the provisions of DCC 18.116.270(C). For the purposes of DCC 18.116.270(B) only, "support activities" shall include office administrative functions such as payroll and scheduling; the use of campers, truck trailers and similar temporary facilitates; and temporary facilities used for housing of security personnel. C. Use Limitations. Any use of land or activity involving on-site filming and activities accessory to and/or supporting on-site filming provided for under DCC 18.116.270(B) may be approved upon satisfaction of the following criteria: 1. General Limitations. a. The site under consideration is suitable for the proposed filming or accessory activity based upon the following factors: i. The design, operating characteristics and duration of the use; ii. Adequacy of transportation access to the site; and iii. The natural and physical features of the site, including but not limited to, general topography, natural hazards and natural resource values. b. The proposed use will be compatible with the existing uses on surrounding properties based upon the factors listed in DCC 18.116.270(C)(1)(a)(i), (ii) and (iii). 2. Special Limitations. In addition to the general limitations set forth under DCC 18.116.270(C)(1)(a) and (b), the following additional special limitations shall be applied, where applicable: Chapter 18.116 21 (12/2006) January 18, 2008 a. Filming and accessory or supporting activities proposed for a site designated as exclusive farm use by the zoning ordinance shall be subject to applicable provisions of ORS 215.296. b. Filming and accessory or supporting activities involving structures or improvements regulated under DCC 18.96 (flood plain zone) shall be subject to the applicable provisions of DCC 18.96 unless the Federal Emergency Management Agency authorizes a waiver of the provisions of DCC 18.96. c. Filming and accessory or supporting activities necessitating fill or removal activities shall comply with the applicable provisions of DCC 18.128.270, except that no conservation agreement shall be required where the fill is associated with a temporary structure or improvement and such fill would be removed along with the temporary structure or improvement under a fill and removal permit required by the County. d. Filming and accessory or supporting activities shall not be allowed in any sensitive habitat area designated under DCC 18.90 during the nesting period identified in the ESEE for each site. 3. At the completion of filming, any structure or improvement for which land use approval would otherwise be required shall obtain the required approvals or the structure or improvement shall be removed. The County may require the applicant to post a bond in an amount sufficient to cover the cost of removal for any such structure or improvement. 4. The standards of DCC 18.116.270(B) may be met by the imposition of conditions calculated to ensure that this standard will be met. D. Procedures for review. All applications subject to DCC 18.116.270 shall be processed in accordance with DCC Title 22 with the exception that the Board of County Commissioners shall be the initial hearings body. E. Definitions. 1. For the purposes of DCC 18.116.270 "on-site filming and activities accessory to on-site filming" means: a. Filming and site preparation, construction of sets, staging, make- up and support services customarily provided for on site filming. b. Production of advertisements, documentaries, feature films, television series and other film productions that rely on the qualities of the zone in which the filming is to be located in more then an incidental way. 2. For the purposes of DCC 18.116.270 "on-site filming and activities accessory to on-site filming" do not include: a. Facilities for marketing, editing and other such activities that are allowed only as a home occupation; or b. Construction of new structures that require a building permit. (Ord. 97-007 § 1, 1997) 18.116.280. Home Occupations. A. Uses Permitted Outright. 1. Home occupations that operate from within a dwelling, have characteristics that are indistinguishable from the residential use of a dwelling, and meet the criteria in paragraph (A)(2) shall be considered uses accessory to the residential use of a dwelling. 2. Home occupations under this subsection (A) that meet the following criteria are uses permitted outright under Title 18 of the Deschuts County Code, the Deschutes County Zoning Ordinance, in all zones: a. Are carried on within a dwelling only by residents of the dwelling; b. Do not serve clients or customers on- site; c. Do not occupy more than 25 percent of the floor area of the dwelling; Chapter 18.116 22 (12/2006) January 18, 2008 d. Do not have operating characteristics that produce odor, dust, glare, flashing lights or noise that are detectable off-site, and; e. Do not include the on-premise advertisement, display or sale of stock in trade. B. Types. The following describes the types of home occupations allowed in Deschutes County: 1. Type 1. Where permitted outright, a Type 1 home occupation shall be subject to the following limitations. A Type 1 home occupation is one that: a. Is carried on within a dwelling and/or a residential accessory structure only by members of the family who reside in the dwelling; b. Does not generate more than five (5) trips per day to the site, including parcel delivery services; c. May include employees or contractors that work off-site; d. Does not produce odor, dust, glare, flashing lights or noise; e. Does not involve the on-premise display or sale of stock in trade, and; f. Does not involve the use of a sign to advertise the location of the home occupation. 2. Type 2. Type 2 home occupations may be allowed as conditional uses with an approved conditional use permit. Such uses are subject to the standards of the zone in which the home occupation will be established and the following criteria. A Type 2 home occupation is not subject to the approval criteria for a conditional use permit in DCC Chapter 18.128 or site plan review under DCC Chapter 18.124. A Type 2 home occupation is one that: a. Is conducted from a property that is at least one-half (1/2) acre in size. b. Is carried on within a dwelling and/or an accessory building by residents of the dwelling and no more than two (2) employees who report to the property for work. c. Does not occupy more than 25 percent of the combined floor area of the dwelling, including attached garage, and one (1) accessory building. The maximum amount of floor area that can be devoted to a Type 2 home occupation is 1,500 square feet. d. Includes on-site sales of products associated with the home occupation that are incidental and subordinate to the home occupation. e. Creates no more than ten (10) business-related vehicle trips to the site per day by employees, customers or clients. f. Has adequate access and parking for employees and customers. g. Is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, for operation. h. Does not involve any external changes to the dwelling or the accessory building in which the home occupation will be established that would give any building an outward appearance of a business. Any structure on the property where the home occupation is conducted shall be of a type normally associated with the zone where it is located. No structural alterations affecting the residential appearance of a building shall be allowed to accommodate the home occupation except when otherwise required by law, and, then, only after the plans for such alterations have been reviewed and approved by the Deschutes County Planning Division. i. Does not use materials or mechanical equipment which will be detrimental to the residential use of the property or adjoining residences because of vibration, noise, dust, smoke, odor, light, interference with radio or television reception or other factors. j. Complies with all requirements of the Deschutes County Building Safety Division and the Environmental Chapter 18.116 23 (12/2006) January 18, 2008 Health Division and any other applicable state or federal laws. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the state-adopted building code. k. May have one (1) sign, ground- mounted or wall-mounted, as defined in DCC Chapter 15.08, that is no more than three (3) square feet in area, non-illuminated, and located on the property from which home occupation will operate. Such signs do not require a sign permit under DCC Chapter 15.08, Signs. l. May be subject to an annual inspection, as a condition of an approval, to ensure compliance with the conditions of an approved conditional use permit. m. May not include outside storage of equipment or materials used in operation of the home occupation. n. The following uses are not allowed as Type 2 home occupations: i. Repair, towing, or storage of motorized vehicles and equipment, including but not limited to automobiles, trucks, trailers, recreational vehicles, and boats. ii. Detailing, painting, and upholstery of motorized vehicles. iii. Businesses that store and use vehicles with a gross vehicle weight rating of greater than or equal to 15,000 pounds or equipment with an operating weight greater than or equal to 3,000 pounds. iv. Appliance repair. v. Welding or machine shop. 3. Type 3. Type 3 home occupations may be allowed as conditional uses with an approved conditional use permit. Such uses are subject to the standards of the zone in which the home occupation will be established, the applicable provisions of DCC Chapter 18.128, and the following limitations. A Type 3 home occupation is not subject to site plan review under DCC Chapter 18.124. A Type 3 home occupation is one that: a. Is conducted in such a way that it is compatible with the residential character, or in resource zones, resource-oriented character of its location. b. Is carried on within a dwelling and/or an accessory building by members of the family who reside in the dwelling and no more than two (2) employees who report to the property for work. A home occupation proposed on property that is located in an EFU, Forest, MUA10, or RR10 Zone and that is at least 10 acres in size may have not more than five (5) employees who report to the property for work. c. Does not occupy more than 35 percent of the combined floor area of the dwelling, including an attached garage, and one (1) accessory building. d. Includes on-site sales of products associated with the home occupation that are incidental and subordinate to the home occupation. e. Creates traffic that will not be of a volume or frequency that will cause disturbance or inconvenience to nearby land uses. A Type 3 home occupation can create no more than twenty (20) business-related vehicle trips to the site per day by employees, customers or clients. f. Has adequate access and parking for employees and customers. Vehicles used by the operator to conduct the home occupation that have a gross vehicle weight of 15,000 or more pounds must be parked in a garage, a detached building, or screened according to the requirements of DCC 18.116.280(B)(3)(l)(i) through (v). g. Is limited to the hours and days of operation proposed by an applicant Chapter 18.116 24 (12/2006) January 18, 2008 and approved with a conditional use permit. h. Does not involve any external changes to the dwelling in which the home occupation will be established that would give the dwelling an outward appearance of a business. Any structure on the property where the home occupation is conducted shall be of a type normally associated with the zone where it is located. No structural alterations affecting the residential appearance of a building shall be allowed to accommodate the home occupation except when otherwise required by law, and then only after the plans for such alterations have been reviewed and approved by the Deschutes County Planning Division. i. Does not use materials or mechanical equipment which will be detrimental to the residential use of the property or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception or other factors. j. Complies with all requirements of the Deschutes County Building Safety Division and the Environmental Health Division and any other applicable state or federal laws. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the state-adopted building code. k. May have one (1) sign, ground- mounted or wall-mounted, as defined in DCC Chapter 15.08, that is no more than three (3) square feet in area, non-illuminated, and located on the property from which home occupation will operate. Such signs do not require a sign permit under DCC Chapter 15.08, Signs. l. May include outside storage of equipment and materials if the subject property is 10 or more acres in size and the applicant shows that adequate setbacks, screening and/or buffering are provided, and will be maintained, to screen materials and equipment from adjacent properties. The form of screening may include, but is not limited to: i. A sight-obscuring fence, as defined by this title. ii. Intervening mature tree cover. iii. Topography. iv. Existing buildings on site. v. Introduced landscape materials, including, but not limited to, trees and/or shrubs on an earthen berm. m. The home occupation approval shall be reviewed every 12 months by the planning division to ensure compliance with the requirements of this section and the conditions required for approval of the use. (Ord 2004-002 § 24, 2004) Chapter 18.116 25 (12/2006) January 18, 2008 Chapter 18.116 26 (09/2004) TABLE 1 DCC Section 18.116.030 OFF-STREET PARKING LOT DESIGN A B C D E F 0° 9'-0" 9'-6" 10'-0" 9.0 9.5 10.0 12.0 12.0 12.0 22.0 22.0 22.0 30.0 31.0 32.0 45° 9'-0" 9'-6" 10'-0" 19.8 20.1 20.5 13.0 13.0 13.0 12.7 13.4 14.1 52.5 53.3 54.0 60° 9'-6" 10'-0" 21.2 21.5 18.0 18.0 11.0 11.9 60.4 61.0 70° 9'-0" 9'-6" 10'-0" 21.0 21.2 21.2 19.0 18.5 18.0 9.6 10.1 10.6 61.0 60.9 60.4 90° 9'-0" 9'-6" 10'-0" 20.0 20.0 20.0 24.0 24.0 24.0 9.0 9.5 10.0 64.0 64.0 64.0 A. Parking Angle B. Stall Width C. 20' Stall D. Aisle Width-One Way E. Curb Length Per Car F. Bay Width *24' Minimum for Two-Way Traffic