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1 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF 0 Ol�,p
2 FOR DESCHUTES COUNTY c®o
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3 In the Matter of ) Ct�Qf-
4 DESCHUTES COUNTY ) ORDER
ZONING ORDINANCE PL-5 )
5 )
6 This matter coming before the Board of County Commissioners on the
7 day of March, 1979, on the application of LOUIS B. DVORAK, Deschutes County Counsel,
8 pursuant to ORS 7.150; a hearing having been held upon ten (10) days` notice
9 pursuant to ORS 203.045 and 215.223; the Applicant's Affidavit and Memorandum
10 of Points and Authorities, as well as the Affidavits of ROSEMARY PATTERSON,
11 Deschutes County Clerk, JANICE L. CANGIE, a secretary to the Board of Commissioners,
12 and LUCIA VENATOR, Administrative Assistant to the Board of Commissioners, having
13 been considered; and public testimony, argument and comment having been invited at
14 a public hearing;
15 The Board finds that:
16 1. Exhibit "A" to the application of LOUIS B. DVORAK, Deschutes County
17 Counsel, is a true photographic copy of each and every part and the whole of
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18the original County Zoning Ordinance PL-5, as adopted in December, 1971, by the
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J00019then Board of County Commissioners, JOE PEDEN, WALTER SCHINKEL and G. W. McCANN,
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jzzo° 21 2. No certified copy of the original County Zoning Ordinance PL-5 is
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23 3. It may be to correct the record of this Court and for
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° 24such certified copies to be available to applicant and other counsel in order
25to obtain judicial enforcement of the rights created in the public and the County
26 in said ordinance.
Page -1- ORDER
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1 4. In order for the Journal of this Court accurately to reflect actions
2 taken by it, the original of Deschutes County Zoning Ordinance PL -5 should have
3 been entered therein on or about December 2, 1971.
4 NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
5 1. Exhibit "A" to the application of LOUIS B. DVORAK, Deschutes County
6 Counsel, incorporated herein by reference and attached hereto, SHALL BE ENTERED
7 into the Journal of the County Court by the County Clerk pursuant to ORS 7.150,
8 with like effect as the original of County Zoning Ordinance PL -5.
9 2. The effect of said entry SHALL BE NUNC PRO TUNC, effective
10 December 2, 1971. G
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11 DATED this 4(( day of 19n.
12 BOARD OF COUNTY COMMISSIONERS
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Page -2- ORDER
1 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
2 FOR DESCHUTES COUNTY
2 "a W6
3 In the Matter of )
4 Deschutes County Zoning ) APPLICATION FOR ORDER OF RESTORATION
Ordinance PL -5 ) OF LOST RECORD (ORS 7.150)
5 )
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7 COMES NOW LOUIS B. DVORAK, Counsel for Deschutes County, Oregon, and applies
8 to the Board of County Commissioners pursuant to ORS 7.150 for an order restoring
J the original of Zoning Ordinance Number PL -5, County of Deschutes, State of
10 Oregon, nunc pro tunc, with like effect as if recorded December 2, 1971.
11 This application is supported by the Affidavits of LOUIS B. DVORAK,
12 JANICE L. CANGIE, LUCIA VENATOR, and ROSEMARY PATTERSON, Deschutes County Clerk,
13together with Exhibit "A" and the Memorandum of Points and Authorities, all of
14 which are attached hereto and incorporated herein by reference.
15 Applicant respectfully requests that the Board of County Commissioners set
16a hearing noticed by publication pursuant to ORS 203.045(5)(b), such notice
17stating that copies of the original ordinance are available for each person who
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z18 requests it from the Board of County Commissioners, Deschutes County Courthouse
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1g Annex, Bend, Oregon 97701, for the cost of duplication, which is 200 per page.
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o>>zm 20 DATED this 9� day of March, 1979.
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Page -1- APPLICATION
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LOUIS B. DVORAK
Deschutes County Counsel
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IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
3 In the Matter of )
4 Deschutes County Zoning ) MEMORANDUM OF POINTS
Ordinance PL -5 ) AND AUTHORITIES
5 >
6
7 1. ORS 7.150 provides that when the record of a court is lost or destroyed,
8 and a certified copy thereof cannot be obtained to be substituted for the original
9 pursuant to ORS 7.140, the court may enter an order following due notice and
10 hearing, reciting what was the substance and effect of the lost or destroyed record
11 on the application of an interested person, verified by affidavit showing the loss
12 and destruction and the substance of the lost record. Here, the application of
13 County Counsel incorporates Exhibit "A," shown by the Affidavits of County Counsel,
14 a secretary to the Board of Commissioners, the Administrative Assistant to the
15 Board of Commissioners, and the County Clerk to be a photocopy of the original
16 to the best of their knowledge and belief.
17 2. Said Section also provides that the order shall be entered of record in
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18 the court, and have the same effect which the original record would have had so
0 19 far as concerns the applicant and the persons who shall have been notified. When
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23 3. The original proceeding, the adoption of Ordinance PL -5 in December, 1971,
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24 was noticed as provided for ordinances. ORS 203.045 (1973) sets forth the current
25 notice requirements for ordinances. It requires posting of the notice in the
26 courthouse and two public places in the County, and at least one publication
Page -1- MEMORANDUM
1 at least ten (10) days prior to the hearing, of a notice of availability of the
2 ordinance at the headquarters of the governing body. This is the most extensive
3 notice required by ORS 203.045. It is more extensive than that required in 1971
4 by ORS 215.223(1). Accordingly, notice required meets the requirement of ORS 7.150
5 that the notice of proceedings thereunder be at least as extensive as the notice
6 of the original proceeding. Therefore, by ORS 7.150, recordation of Exhibit "A"
7 should have the same effect between the County and the people thereof, as did the
8 original of County Zoning Ordinance PL-5.
9 DATED this day of March, 1979. Respectfull SUb 'tted,
10 Oyu &, SCJ'
11 LOUIS B. DVORAK
Deschutes County Counsel
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Page -2- MEMORANDUM
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1 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
2
FOR DESCHUTES COUNTY
3 In the Matter of )
4 Deschutes County Zoning ) AFFIDAVIT
Ordinance PL -5 )
5
6 STATE OF OREGON )
) SS.
7 County of Deschutes)
8 I, LOUIS B. DVORAK, being first duly sworn, depose and say as follows:
9 I make this Affidavit in support of the application of the Deschutes County
10 Counsel for an order of restoration of lost record pursuant to ORS 7.150 in the
11 matter of Deschutes County Zoning Ordinance PL -5.
12 On or about January 3, 1979, I requested a certified copy of County Zoning
i3 Ordinance PL -5 from ROSEMARY PATTERSON, Clerk of Deschutes County. To date, said
14 County Clerk has refused to supply such certified copy on the ground that the
15 original of said Ordinance was lost, and accordingly, the copy could not be
16 compared with any original as provided in the certification.
17 Since January 3, 1979, I have made requests of LUCIA VENATOR, Administrative
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a 18 Assistant to the Board of County Commissioners, and WILLIAM G. MONROE, Planning
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0 19 Director for Deschutes County, and have been told by each of them that neither
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�Zzg= 21 I am further informed and -believe, and thereon declare, that Exhibit "A"
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23 Zoning Ordinance PL -5, as was adopted December 2, 1971, by the Board of County
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a 24 Commissioners of Deschutes County, Oregon, then consisting of JOE PEDEN, WALTER
25 SCHINKEL and G. W. McCANN, and attest@d by ROSEMARY PATTERSON, who is still
26 County Clerk of Deschutes County, Oregon. Said Exhibit "A" was found by me in
Page -1 AFFIDAVIT
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1 the files of the Board of County Commissioners in a place where copies of
2 ordinances are likely to be found.
3 JANICE L. CANGIE, a secretary to the Board of Commissioners, and I have
4U Pay .
4 carefully compared Exhibit "A" with the amendments to County Zoning Ordinance
5 PL -5 made ever since, and I have found that such amendments make sense in the
6 context of Exhibit "A," and that the version of County Ordinance PL -5 presently
7 published by Deschutes County is the same as Exhibit "A," except for the later
8 amendments on file with the Deschutes County Clerk.
9 I have never seen the original of County Zoning Ordinance PL -5, nor have I
10 ever had it in my possession, and accordingly, its loss is not due to my fault
11 or neglect.
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LOUIS B. DVORAK
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15SUB5CRI$ED AND SWORN to before me this day of March, 1979.
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Page -2- AFFIDAVIT
No y Public for Oregon
My ommission expires: 6-9-81
1 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
2 FOR DESCHUTES COUNTY
3 In the Matter of )
4 DESCHUTES COUNTY ) AFFIDAVIT
ZONING ORDINANCE PL -5 )
5 )
6 STATE OF OREGON )
SS.
7 County of Deschutes)
8 I. LUCIA VENATOR, being first duly sworn, depose and say:
29 X911
9 T make this Affidavit in support of the application of LOUIS B. DVORAK,
10 Deschutes County Counsel, for an order of the Board of County Commissioners for
11 restoration of a lost record pursuant to ORS 7.150 in the matter of Deschutes
12 County Zoning Ordinance PL -5.
13 I am the Administrative Assistant to the Board of Commissioners of
14 Deschutes County, Oregon, and am personally familiar with the files of the said
15 Board. Exhibit "A" to said application is a document found in the files of the
16 Board where copies of ordinances are usually found, and appears to be a record
17 kept in the ordinary course of the business of the Board of County Commissioners.
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U)Zzo= 21 SUBSCRIBED AND SWORN to before me this /J day of March, 1979.
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Notary Public for Oregon
..............:.............
24 MIS B. DVORAK My commission expires: �!6 0413 )
NOTARY PUBLIC — OREGON
25
My commission Expires
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Page -1- AFFIDAVIT
1 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
2 FOR DESCHUTES COUNTY
3 In the Matter of )
4 DESCHUTES COUNTY ) AFFIDAVIT
ZONING ORDINANCE PL -5 )
5 )
6 STATE OF OREGON )
) SS.
7 County of Deschutes)
8 I, JANICE L. CANGIE, being first duly sworn, depose and say:
2
9 I make this Affidavit in support of the application of LOUIS B. DVORAK,
10 Deschutes County Counsel, for an order of the Board of County Commissioners for
11 restoration of a lost record pursuant to ORS 7.150 in the matter of Deschutes
12 County Zoning Ordinance PL -5.
13 I am the secretary for the Board of Commissioners of Deschutes County,
14 Oregon, and am personally familiar with the files of the said Board. Exhibit"A"
15 to said application is a document found in the files of the Board where copies
16 of ordinances are usually found, and said Exhibit "A" appears to be a record
17 kept in the ordinary course of the business of the Board of County Commissioners.
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z 18 I have diligently compared Exhibit "A" with the version of County Zoning
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19 Ordinance PL -5 that is currently published by the Deschutes County Planning Depart -
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o>>z20 meet, and have found that it is the same as said publication except for subsequent
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25 SUBSCRIBED AND SWORN to before me thi ry
26 $.....itS 6. DYORAK
Page -1- AFFIDAVIT PUBW OREGON
1 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
2 FOR DESCHUTES COUNTY
3 In the Matter of )
4 DESCHUTES COUNTY ) AFFIDAVIT
ZONING ORDINANCE PL -5 )
5 )
6 STATE OF OREGON )
) SS.
7 County of Deschutes)
8 I, ROSEMARY PATTERSON, being first duly sworn, depose and say that:
9 I make this Affidavit in support of the application of LOUIS B. DVORAK,
29 na 913
10 Deschutes County Counsel, for an order of the Board of County Commissioners for
11 restoration of a lost record pursuant to ORS 7.150 in the matter of Deschutes
12 County Zoning Ordinance PL -5. I am the County Clerk of Deschutes County, and
13 have been at all times relevant herein. As such, I am the custodian of all the
14 originals of Deschutes County Ordinances.
15 On or about January 3, 1979, LOUIS B. DVORAK, County Counsel for Deschutes
16 County, requested a certified copy of County Zoning Ordinance PL -5. To date, I
17 have been unable to find the original with which to compare it, nor any existing
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z18 certified copy thereof. My staff and I have spent a considerable amount of time
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19 searching for the original or a certified copy of County Zoning Ordinance PL -5
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oz 21 I do not recall attesting to the original, as I attest to many documents
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Jo.m, 22 that the Commissioners have signed, but I affirm that my signature appears on the
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24 Many amendments to County Zoning Ordinance PL -5 have been filed and recorded
25 in my office as they have been given to us, but the Commissioners' Journal does
26 not indicate that the original of the Ordinance itself was ever given to us to
Page -1- AFFIDAVIT
VOL
1 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
2 FOR DESCHUTES COUNTY
3 In the Matter of )
4 DESCHUTES COUNTY ) AFFIDAVIT
ZONING ORDINANCE PL -5 )
5 )
6 STATE OF OREGON )
) SS.
7 County of Deschutes)
8 I, ROSEMARY PATTERSON, being first duly sworn, depose and say that:
9 I make this Affidavit in support of the application of LOUIS B. DVORAK,
29 na 913
10 Deschutes County Counsel, for an order of the Board of County Commissioners for
11 restoration of a lost record pursuant to ORS 7.150 in the matter of Deschutes
12 County Zoning Ordinance PL -5. I am the County Clerk of Deschutes County, and
13 have been at all times relevant herein. As such, I am the custodian of all the
14 originals of Deschutes County Ordinances.
15 On or about January 3, 1979, LOUIS B. DVORAK, County Counsel for Deschutes
16 County, requested a certified copy of County Zoning Ordinance PL -5. To date, I
17 have been unable to find the original with which to compare it, nor any existing
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z18 certified copy thereof. My staff and I have spent a considerable amount of time
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19 searching for the original or a certified copy of County Zoning Ordinance PL -5
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24 Many amendments to County Zoning Ordinance PL -5 have been filed and recorded
25 in my office as they have been given to us, but the Commissioners' Journal does
26 not indicate that the original of the Ordinance itself was ever given to us to
Page -1- AFFIDAVIT
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1 be filed and recorded.
2 I cannot say that I recognize Exhibit "A" as a photocopy of the original
3 County Zoning Ordinance PL -5, as I do not read the instruments that come to me
4 from the Board of Commissioners when I attest to them, as I am only concerned
5 with their signatures and not with the contents of the instrument. Most instruments
6 that I attest to are taken back to the Annex where they are kept until a complete
7 set of court minutes are sent over for filing and recording. It is evident from
8 Exhibit "A" that this instrument was never recorded here, as it fails to have any
9 paging on it such as we would have done had we had it.
10 I do not quarrel with Exhibit "A," as I have been told that many people were
11 given copies of the Ordinance PL -5, but no one seems to be able to come up with
12 the original. I feel certain that it is the same as the original, but I cannot
13 swear that it is. At the same time, I see nothing that would indicate or suggest
14 that it is not a true copy of the original of County Zoning Ordinance PL -5.
15
16
ROS RY PATTE
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18 SUBSCRIBED AND SWORN to before me this %, day of March, 1979.
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Page -2- AFFIDAVIT
ra 29 na915
deschutes
county
ADOPTED
PRICE= $ 200
DECEMBER 1971
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�1CNiE3iT`
VOL 29 PACE 916
TABLE OF CONTENTS
Page
ARTICLE 1. INTRODUCTORY PROVISIONS .... ...... 1
Title, Purpose, Definition
ARTICLE 2. BASIC PROVISIONS ........................................ 6
Compl i,ance
Classification of Zones
Official Zoning Maps, Zone Boundaries
Authorization of Similar Uses
Interpretation, Severability
Zones in Relation to the Comprehensive Plan
Use Zone Parcel Size Designation
ARTICLE 3. USE ZONES
R-1 URBAN RESIDENTIAL SINGLE-FAMILY ZONE ................ 8
R-2 URBAN RESIDENTIAL MULTI -FAMILY ZONE ................. 10
SR -1 SUBURBAN RESIDENTIAL ZONE ........................... 13
RR -1 RURAL RECREATION RESIDENTIAL ZONE ................... 15
A-1 EXCLUSIVE AGRICULTURAL ZONE ......................... 17
A-2 GENERAL AGRICULTURAL ZONE ........................... 18
A -S RURAL SERVICE CENTER ZONE ........................... 19
C-1 TOURIST COMMERCIAL ZONE ............................ 20
C-2 GENERAL COMMERCIAL ZONE ............................ 22
M-1 LIGHT INDUSTRIAL ZONE .............................. 24
M-2 HEAVY INDUSTRIAL ZONE ........... 27
M -R INDUSTRIAL RESERVE ZONE ............................. 29
ARTICLE 4. SPECIAL USE ZONES
PD PLANNED DEVELOPMENT ZONE ........................... 31
SC SCENIC CORRIDOR ZONE ............................... 33
FP FLOOD PLAIN ZONE ...................................34
AA AIRPORT APPROACH ZONE.... ........................... 35
ARTICLE 5. SUPPLEMENTARY REGULATIONS .................................. 36
Home Occupations
Minimum Lot Frontage
Clear -Vision Area Requirements
Off -Street Parking
Design and Improvement Standards for Parking Lots.
ARTICLE 6. EXCEPTIONS......... ................. 40
Projections from Bui Buildings
ngs
Lot Size and Yard Requirements
Building Height Limitations.
VOL 29 ra 917
Page
ARTICLE 7. CONDITIONAL USES ........................................ 41
Authorization, Application
Public Hearing, Notification of Action
Standards Governing Conditional Uses
ARTICLE 8. NONCONFORMING USES ............ ............. ........ 44
Continuation of a Nonconforming Use
Discontinuance of a Nonconforming Use
Change, Destruction, Completion
ARTICLE 9. VARIANCES ............................................... 45
Authorization
Circumstances for Granting a Variance
Application, Public Hearing, Notification
ARTICLE 10. AMENDMENTS.. .... .. .................. 46
Authorization to Initiate Amendments
Public Hearing on an Amendment
Record of Amendments
ARTICLE 11. ADMINISTRATIVE PROVISIONS ............................... 47
Administration
Appeal from Ruling of the Planning Commission
Notice of Public Hearing
- Time Limit on Conditional Use, Variance, Zone Change
ARTICLE 12. REMEDIES ............................................... 49
Penalty, Enforcement
_ Va 8
ZONING ORDINANCE
ORDINANCE NO. PL -5
County of Deschutes, Oregon
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF ZONING REGULATIONS FOR
PORTIONS OF THE UNINCORPORATED AREA OF DESCHUTES COUNTY, OREGON.
THE COUNTY OF DESCHUTES, OREGON, ORDAINS AS FOLLOWS:
ARTICLE 1. INTRODUCTORY PROVISIONS
SECTION 1.010 Title. This ordinance shall be known as the Zoning Ordinance
of the County of Deschutes, Oregon,
SECTION 1.020 Purpose. The purposes of this ordinance include the following:
1. To promote the orderly growth of Deschutes County.
2. To protect and enhance the environment.
3. To conserve and stabilize the value of property.
4. To reduce excessive traffic congestion.
5. To prevent overcrowding of land by establishing standards for population
density.
6. To provide adequate open space for light and air.
7. To conserve natural resources.
8. To encourage the most appropriate use of land.
9. To prevent water and air pollution.
10. To facilitate fire and police protection.
11. To provide for community facilities.
12. To promote and protect the public health, safety, convenience, and
general welfare and to carry out the Comprehensive General Plan of
Deschutes County.
SECTION 1.030 Definitions. As used in this ordinance the following words
and phrases shall mean as follows:
1. ACCESSORY USE OR ACCESSORY STRUCTURE: A use or structure incidental
and subordinate to the main use of the property and located on the
same lot as the main use.
2. ALLEY: A street which affords only a secondary means of access to
property.
3. AUTOMOBILE WRECKING YARD: A premises used for the storage or sale
of used autombile or truck parts or for the storage, dismantling,
or abandonment of junk, obsolete automobiles, trailers, trucks,
machinery, or parts thereof.
- 1 -
4. BUILDING: A structure built for the support, shelter, or
enclosure of persons, animals, chattels, or property of any kind.
5. DWELLING, MULTI -FAMILY: A building or portion thereof, designed
for occupancy by three or more families living independently of
each other.
6. DWELLING, SINGLE-FAMILY: A detached building containing one
dwelling unit and designed for occupancy by one family only.
7. DWELLING, TWO-FAMILY: A detached building containing two dwelling
units and designed for occupancy by two families.
8. DWELLING UNIT: One or more rooms in a building designed for
occupancy by one family and having not more than one cooking
facility.
9. FAMILY: An individual or two or more persons related by blood,
marriage, legal adoption, or legal guardianship, living together
as one housekeeping unit using one kitchen, and providing meals
or lodging to not more than two additional persons, excluding
servants; or a group of not more than five unrelated persons
living together as one housekeeping unit using one kitchen.
10. FARMING: The use of .land for raising and harvesting crops or for
feeding, breeding, and managing livestock or for dairying or for
any other agricultural or horticultural use, or for any combination
thereof, excluding feedlots. It includes the disposal, by market-
ing or otherwise, of products raised on the premises. It further
includes the construction and use of dwellings and other buildings
customarily provided in conjunction with a farm use.
11. HEIGHT OF BUILDING: The vertical distance from the grade to the
highest point of the coping of a flat roof, to the deck line of a
mansard roof, or to the center height between the highest and
lowest points on other types of roofs.
12. HOME OCCUPATION: A lawful occupation carried on by a resident of
a dwelling as an accessory use within the same dwelling.
13. JUNK YARD: Primary or accessory use of a parcel of land for the
storage, dismantling or selling of cast -.off or salvage material
of any sort in other than the original form in which i.t was manu-
factured and/or assembled and not including reconditioned second-
hand furniture or fixtures sold from within a walled building.
14. KENNEL: A lot or building in which four or more dogs, or cats,
at least four months of age are kept commercially for board,
propagation, training, or sale.
15. LIVESTOCK: Domestic animals of types customarily raised or kept
on farms for profit or other purposes.
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16. LIVESTOCK -FEEDING YARD -(feedlot): An enclosure designed or used
for the purpose of the concentrated feeding or fattening of live-
stock for marketing.
17. LIVESTOCK SALES YARD: An enclosure or structure designed or used
for holding livestock for purposes of sale or transfer by auction,
consignment, or other means.
18. LOT: A parcel or tract of land.
19. LOT AREA: The total horizontal area within the lot lines of a lot
exclusive of streets, and easements of access to other property.
20. LOT, CORNER: A lot abutting on two or more streets other than an
alley, at their intersection.
21. LOT LINE: The property line bounding a lot.
22. LOT LINE, FRONT: The lot line separating the lot from the street
other than an alley, and in the case of a corner lot, the shortest
lot line along a street other than an alley.
23. LOT LINE, REAR: The lot line which is opposite and most distant
from the front lot line. In the case of an irregular, triangular,
or other shaped lot, a line 10 feet in length within the lot
parallel to and at a maximum distance from the front lot line.
24. LOT LINE, SIDE: Any lot line not a front or rear lot line.
25. LOT WIDTH: The average horizontal distance between the side lot
lines, ordinarily measured parallel to the front lot line.
26. NONCONFORMING STRUCTURE OR USE. A lawful existing structure or
use at the time this ordinance or any amendment thereto becomes
effective, which does not conform to the requirements of the zone
in which it is located.
27. OWNER: An owner of property or the authorized agent of an owner.
28. PERSON: Every natural person, firm, partnership, association,
social or fraternal organization, corporation, trust, estate,
receiver, syndicate, branch of government, or any group or combina-
tion acting as a unit.
29. PUBLIC USE: A structure or use intended or used for a public purpose
by a city, a school district, the county, the state, or by any other
public agency or by a public utility.
30. SEMI-PUBLIC USE: A structure or use intended or used for a semi-
public purpose by a church, lodge, club, or any other non-profit
organization.
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VOL 29na 921
31. SIGN: An identification, description, illustration, or device
which is affixed to or represented, directly or indirectly, upon
a building, structure, or land, and which directs attention to a
product, place, activity, person, institution, or business.
32. STREET: A public right-of-way for vehicular and pedestrian traffic.-
33.
raffic.
33. STRUCTURE: Something constructed or built and having a fixed base
on, or fixed connection to, the ground or another structure.
34. TRAVEL TRAILER: A travel trailer means a "Camping Vehicle" as
defined by Oregon Revised Statutes which is either a vacation
trailer or a self-propelled vehicle or structure equipped with
wheels for highway use and which is intended for human occupancy
and is being used for vacation and recreational purposes, but not
for residential purposes, and is equipped with plumbing, sink or
toilet.
35. MOBILE HOME: "Mobile Home" means a vehicle or structure constructed
for movement on the public highways, that has sleeping, cooking and
plumbing facilities, is intended for human occupancy and is being
used for residential purposes.
36. MOBILE HOME PARK: "Mobile Home Park" means any place where two or more
mobile homes are parked within 500 feet of one another on a lot, tract
or parcel of land under the same ownership the primary purpose of
which is to rent space or keep space for rent to any person for a
charge or fee paid or to be paid for the rental or use of facilities
or to offer space free in connection with securing the trade or
patronage of such person.
37. USE: The purpose for which land or a structure is designed,
arranged, or intended, or for which it is occupied or maintained,
38. YARD: An open space on a lot which is unobstructed from the ground
upward except as otherwise provided in this ordinance.
39. YARD, FRONT: A yard between side lot lines and measured horizontally
at right angles to the front lot line from the front lot line to the
nearest point of a building. Any yard meeting this definition and
abutting on a street other than an alley, shall be considered a front
yard.
40. YARD, REAR: A yard between side lot lines and measured horizontally
at right angles to the rear lot line from the rear lot line to the
nearest point of a building.
41. YARD, SIDE: A yard between the front and rear yard measured horizontally
at right angles from the side lot line to the nearest point of a building.
42. YARD, STREET SIDE: A yard adjacent to a street between the front yard and,
rear lot line measured horizontally and at right angles from the side lot
line to the nearest point of a building.
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VOL 2U PACE 922
SECTION 1.040 A ministratiye Terminology and Construction
1. Terminology: The word -"County" shall mean the County of Deschutes,
Oregon. The words County Commission shall mean the Board -of
County Commissioners of the County of Deschutes. The words
"Planning Commission" and "Commission" shall mean the Planning
Commission duly appointed by the Board of County Commissioners.
The words "Planning Director", "County Roadmaster "County
Sanitarian", County Surveyor", Tax Collector", and Assessor
shall mean the Planning Director, County Roadmaster, County
Sanitarian, County Surveyor, Tax Collector and Assessor of the
County of Deschutes.
2. Construction: Words used in the present tense include the future
tense; words used in the singular include the plural, and words
used in the plural include the singular; the word "shall" is
mandatory; the word "may" is permissive; the masculine shall
include the feminine and neuter.
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VOL 29 PUE 923
ARTICLE 2 BASIC PROVISIONS
SECTION 2.010 Compliance. A lot may be used and a structure or part of a
structure constructed, reconstructed, altered, occupied, or used only as
this ordinance permits.
SECTION 2.020 Classification of Zones. For the purposes of this ordinance
the following zone classifications are hereby established:
Zone
Abbreviated Designation
URBAN RESIDENTIAL SINGLE-FAMILY ZONE:. . . . .
. . . . . . . R-1
URBAN RESIDENTIAL MULTI -FAMILY ZONE . . . . . .
. . . . . R-2
SUBURBAN RESIDENTIAL ZONE . . . . . . .
. . . . . . .SR -1
RURAL RECREATION RESIDENTIAL ZONE . . . . . . .
. . . . . . .RR -1
EXCLUSIVE AGRICULTURAL ZONE . . . . . . . . . .
. . . . . . . A-1
GENERAL AGRICULTURAL ZONE . . . . . . . . . . .
. . . . . . . A-2
RURAL SERVICE CENTER ZONE . . . . . . . . . . .
. . . . . A -S
TOURIST COMMERCIAL ZONE . . . . . . . . . . . .
. . . . . . C-1
GENERAL COMMERCIAL ZONE . . . . . . . . . . . .
. . . . . . . C-2
LIGHT INDUSTRIAL ZONE . . . . . . . . . . . .
. . . . . . . M-1
HEAVY INDUSTRIAL ZONE . . . . . . . . . . . . .
. . . . . . M-2
INDUSTRIAL RESERVE ZONE . . . . . . . . . . . .
. o o M -R
Special Use Zones
PLANNED DEVELOPMENT ZONE . . . . . . . . . .
. . . . PD
SCENIC CORRIDOR ZONE . . . . . . . . . . . .
. . . e . . SC
FLOOD PLAIN ZONE . . . . . . . . . . . .
. . . . . . FP
AIRPORT APPROACH ZONE . . . . . . . . . . .
. . . . . . AA
A special use zone classification may be applied as the specific use of
property (i.e. FP) or may be applied supplemental to a regular zone
(i.e. R-1 PD; A-2FP; A-1SC; M-1 AA: etc.).
SECTION 2.030 "Official Zoning Maps". The locations and boundaries of zones
listed in this ordinance shall apply to areas for which an "Official Zoning
Map" has been prepared and adopted after public hearing as required by this
ordinance and 0, R. S. Ch. 215. At the time an Official Zoning Map may be
adopted, the provisions of this ordinance is thereby incorporated by reference.
Any changes in zone boundaries shall be made by amendment to the Official
Zoning Map. The Official Zoning Map or its subsequent amendments shall be
dated with the effective date of the ordinance that adopts the map or map
amendments. An Official Zoning Map or its amendment may be prepared by
authority of the Deschutes County Planning Commission pursuant to O.R.S. Ch. 215
and recommended, after public hearing, to the Board of County Commissioners
for adoption and filing with the office of the County Clerk.
SECTION 2.040 Zone Boundaries. Unless otherwise indicated on the Official
Zoning Map, zone boundaries are section lines, subdivision lines, lot lines,
or the center lines of streets.
WE
a 29 fAcF 924
SECTION 2:050 "Authorization of Siniflar Uses. The Planning Commission may
rule that a use not specifically permitted in a zone shall be permitted in
a zone if it is similar to the permitted uses in the zone, if its effect
on adjacent properties is substantially the same as the permitted uses.
SECTION 2.060 Interpretation. If the conditions imposed by a provision
of this ordinance are less restrictive than comparable conditions imposed
by another provision of this ordinance or of any other County or State
regulation, the provision which is more restrictive shall govern.
SECTION 2.070 Severabilit The provisions of this ordinance are severable.
If any section, sentence, c ause, or phrase of this ordinance is judged by
a court to be invalid, the decision shall not affect the validity of the
remaining portions of this ordinance.
SECTION 2.080 Zones in Relation to the Comprehensive Plan. The zones as
listed in this ordinance conform generally to the land use objectives as
generally designated on the Comprehensive Plan. The locations of zones shall
conform to the Comprehensive Plan where practical and where conditions
warrant under the provisions of this ordinance.
SECTION 2.090 Use Zone Parcel Size Designation. Where an area is required to
have greater lot sizes than the minimum area specified by a zone because
of such reasons as sanitation or topographical conditions, or as may be
- requested by property owners of an area, the zone designation symbol shall be
followed by a number designating the lot size which shall be the minimum
parcel size permitted. Numbers less than (100) indicate acres. Numbers
more than (100) indicate square feet. For example, R-1 (12,000) indicates
minimum square feet in an R-1 zone; A-1 (20) indicates minimum acres in an
A-1 zone. Such symbols when applied shall be shown on the Official Zoning
Map when adopted.
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VU 29 fAcE 925
ARTICLE 3. USE ZONES
URBAN RESIDENTIAL SINGLE-FAMILY ZONE R-1
SECTION 3.010 Uses Permitted Outright. In an R-1 Zone the following uses
and their accessory uses are permitted outright:
1. Farming not including the keeping of livestock.
2. Single-family dwelling.
SECTION 3.015 Conditional Uses Permitted. In an R-1 Zone the following uses
and their accessory uses are permitted when authorized in accordance
with the provisions of Article 7:
1. Keeping of livestock.
2. Public Use.
3. Semi-public use.
4. Two-family dwellings.
5. Planned Development as provided in Section 4.010 of this ordinance.
6. Mobilehome Subdivision pursuant to Section 3.025.
SECTION 3.020 Accessory Uses. In an R-1 Zone, there shall be the following
limitations on accessory uses:
1. There shall be not more than one private garage for each dwelling
unit and the garage shall not exceed 720 square feet in floor area.
2. There may be home occupations as provided in Section 5.010.
SECTION 3.025 Lot Size. In an R-1 Zone the minimum lot size shall be as
follows:
1. Lot area shall be a minimum of 7000 square feet where both a
community water and sewer system exist. Such lots shall have a
minimum average width of 70 feet and minimum depth of 100 feet.
2. Where a community water system exists but there is no public
sewer system, lot area and soil conditions shall be adequate to
provide a septic tank and drain field in accordance with County
Health Standards or as may be otherwise determined by the County
Health Department.
3. Where neither a community water system nor public sewer system is
available or is being provided, the minimum lot area shall be
one acre (43,560 sq. ft.); provided, however, that there is
adequate soil and area on the lot for the installation of a septic
tank and drain field.
a 29 FACE 926
SECTION 3.030 Yards. Except as provided in Article 6, in an R-1 Zone,
the minimum yard requirements shall be as follows:
1. A front yard shall be a minimum of 25 feet between a building or
structure and the ultimate street right-of-way as adopted on the
Comprehensive Plan or Official Map.
2. A side yard shall be a minimum of 5 feet, except that on corner
lots the side yard on the street side shall be a minimum of 15 feet.
3. A rear yard shall be a minimum of 25 feet.
SECTION 3.035 Lot Coverage. In an R-1 Zone buildings shall not cover more
than 35 percent of the lot area.
SECTION 3.040 Height of Buildings. In an R-1 Zone no buildings shall exceed
a height of 35 feet or two and one-half stories, whichever is lower.
SECTION 3.045 Signs. In an R-1 Zone the following signs are permitted:
1. One name plate or.home occupation sign for each dwelling unit.
The sign shall not be more than one,and one-half square feet
in area, and shall not be illuminated.
2. One temporary sign advertising the sale, lease, or rental of the
property on which it is located. The sign shall not be more than
six square feet in area, and shall not be illuminated.
3. One temporary sign within a subdivision advertising the sale of lots
within that subdivision. The sign shall not be more than 64 square feet in
area, shall not be illuminated, and shall be at least 10 feet from a front
or side property line.
4. One sign identifying a conditional use. The sign shall not be
more than 25 square feet in area, shall not be illuminated, and
shall be at least 10 feet from a property line.
SECTION 3.050 Off -Street Parking and Loading. In an R-1 Zone, off-street
parking and loading shall be provided in accordance with the provisions of
Article 5.
vot 29 fw927
URBAN RESIDENTIAL MULTI -FAMILY ZONE R-2
SECTION 3.060 Uses Permitted Outright. In an R-2 Zone the following uses
and their accessory uses are permitted outright:
1. Single-family dwelling.
2. Two-family dwelling.
3. Multi -family dwelling.
SECTION 3.065 Conditional Uses Permitted. In an R-2 Zone the following uses
and their accessory uses are permitted when authorized in accordance with the
provisions of Article 7:
1. Boarding or rooming house.
2. Day nursery.
3. Hospital, nursing home, home for the aged.
4. Medical or dental clinic.
5. Mobile home park.
6. Mobilehome Subdivision pursuant to Section 3.025.
7. Public use.
8. Semi-public use.
9. Planned Development as prowl ded in Section 4.010 of this ordinance.
SECTION 3.070 Accessory Uses. In en R-2 Zone, there shall be the following
limitations on accessory uses;
1. There shall be not more than one private garage for each dwelling
unit and the garage shall not exceed 720 square feet in floor area.
2. There may be home occupations as provided in Section 5.010.
SECTION 3.075 Lot Size. In an R-2 Zone the minimum lot size shall be as
follows where there is both a community water and sewer system provided:
1. For a single-family dwelling the lot area shall be a minimum of
7,000 square feet. The lot width shall be a minimum of 70 feet. The
lot depth shall be a minimum of 100 feet.
2. For a two-family dwelling the lot area shall be a minimum of
7,500 square feet. The lot width shall be a minimum of 75 feet.
The lot depth shall be a minimum of 100 feet.
3. For a multi -family dwelling having only one story the lot area
shall be a minimum of 7,500 square feet plus 2,000 square feet
for each dwelling unit over two. The lot width shall be a minimum
of 75 feet. The lot depth shall be a minimum of 100 feet.
4. For a multi -family dwelling having more than one story the lot
shall be a minimum of 7,500 square feet plus 1,500 square feet for
each dwelling unit over two. The lot width shall be a minimum of
75 feet. The lot depth shall be a minimum of 100 feet.
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va 29 w92,8
SECTION 3.080_.Density and Lot Area Limitations. In an R-2 Zone, where a
community water system and/or sewer system is not available, the following
standards shall apply:
1. Where a community water system exists but there is no public sewer
system, lot area and soil conditions shall be adequate to provide
a septic tank and drain field in accordance with County Health
Standards or as may be otherwise determined by the County Health
Department.
2. Where neither a community water system nor public sewer system is
available or is being provided, the minimum lot area shall be one
acre (43,560 sq. ft.); provided, however, that there is adequate
soil and area on the lot for the installation of a septic tank
and drain field.
3. Sewage disposal systems of other types acceptable to the County
Health Department and Oregon State Board of Health may determine
lot density and area provided that such standards are not less
than those prescribed in Section 3.075.
SECTION 3.085 Yards. Except as provided in Article 6, in an R-2 Zone
the minimum yard requirements shall be as follows:
I. A front yard shall be a minimum of 25 feet between a building or
structure and the ultimate street right-of-way as adopted in the
Comprehensive Plan or Official Map.
2. A side yard shall be a minimum of 5 feet, except that on corner
lots the side yard on the street side shall be a minimum of 15
feet.
3. A rear yard shall be a minimum of 25 feet.
4. Side and rear yards shall be increased by one foot for each foot
by which a building exceeds a height of 35 feet.
SECTION 3.090 Lot Coverage. In an R-2 Zone buildings shall not cover
more than 40 percent of the lot area.
SECTION 3.091 Height of Buildin s. In an R-2 Zone no building shall
exceed a height of 45 feet orthree stories, whichever is lower.
SECTION 3.092 Signs. In an R-2 Zone the following signs are permitted:
1. One name plate or home occupation sign for each dwelling unit.
The sign shall not be more than one and one-half square feet
in area, and shall not be illuminated.
2. One temporary sign advertising the sale, lease, or rental of the
property on which it is located. The sign shall not be more than
six square feet in area, and shall not be illuminated.
va 29 %v929
3. One temporary sign advertising the sale of a tract.of land or
subdivision or of lots in a subdivision. The sign shall not ,be
more than 64 square feet in area, shall not be illuminated, and
shall be back at least 10 feet from a front or side property
line.
4. One sign identifying a conditional use. The sign shall not be
more than 25 square feet in area, shall not be illuminated, and
shall not be set back at least 10 feet from a property line.
SECTION 3.095 Off -Street Parking and Loading. In an R-2 Zone off-street
parking and loading shall be provided in accordance with the provisions
of Article 5.
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29 ?a 930
SUBURBAN RESIDENTIAL ZONE SR -1
SECTION 3.110 Uses Permitted Outright. In an SR -1 Zone the following uses
and their accessory uses are permitted outright:
1. Single-family dwelling.
2. Farming including the keeping of livestock in accordance with
standards prescribed in Section 7.050, 6. of this ordinance.
SECTION 3.115 Conditional Uses Permitted. In an SR -1 Zone the follwoing
uses and their accessory'uses are permitted when authorized in accordance
with the provisions of Article 7:
1. Two-family dwelling.
2. Public Use.
3. Semi-public use.
4. Mobilehome Subdivision pursuant to Section 3.125.
5. One mobilehome used as the principle residence on a lot having
a minimum area of,20,000 square feet or one mobilehome used as
a second residence on a lot having a minimum area of 40,000
square feet.
SECTION 3.120 Accessory Uses. In an SR -1 Zone, there shall be the following
limitations on accessory uses:
1. There shall be not more than one private garage for each dwelling
unit and the garage shall not exceed 720 square feet in floor area.
2. There may be home occupations as provided in Section 5.010.
SECTION 3,125 Lot Size. In an SR -1 Zone the minimum lot size shall be as
follows:
1. Lot area shall be a minimum of 20,000 square feet where both a
community water and sewer system exists. Such lots shall have a
minimum average width of 80 feet and minimum depth of 100 feet.
2. Where a community water system exists but there is no public
sewer system, lot area and soil conditions shall be adequate to
provide a septic tank and drain field in accordance with County
Health Standards or as may be otherwise determined by the County
Health Department.
3. Where neither a community water system nor public sewer system is
available or is being provided, the minimum lot area shall be
one acre (43,560 sq. ft.); provided, however, that there is
adequate soil and area on the lot for the installation of a septic
tank and drain field.
SECTION 3.130 Yards. Except as provided in Article 6,in an SR -1 Zone the
minimum yard requirements shall be as follows:
1. A front yard shall be a minimum of 25 feet between a building or
structure and the ultimate street right-of-way as adopted on the
Comprehensive Plan or Official Map.
MXIE
a 29 fax 931
2. A side yard shall be a minimum of 5 feet, except that on corner
lots .the side yard on the street side shall be a minimum of 15 ft.
3. A rear yard shall be a minimum of 25 feet.
SECTION 3.135 Lot Coverage. In an SR -1 Zone buildings shall not cover
more than 35 percent of the lot area.
SECTION 3.136 Height of Buildings. In an SR -1 Zone no building shall
exceed a height of 35 feet or two and one-half stories, whichever is
lower.
SECTION 3.140 Signs. In an SR -1 Zone the following signs are .permitted:
1. One name plate or home occupation sign for each dwelling unit.
The sign shall not be more than one and one-half square feet
in area, and shall not be illuminated.
2. One temporary sign advertising the sale, lease, or rental of the
property on which it is located. The sign shall not be more than
six square feet in area, and shall not be illuminated.
3. One temporary sign within a subdivision advertising the sale
of lots within that subdivision. The sign shall not be more
than 64 square feet in area, shall not be illuminated, and
shall be at least 10 feet from a front or side property line.
4. One sign identifying a conditional use. The sign shall not be
more than 25 square feet in area, shall not be illuminated, and
shall be at least 10 feet from a property line.
SECTION 3.145 Off -Street Parking and Loading.In an SR -1 Zone, off-
street parking and loading shall be provided in accordance with the
provisions of Article 5.
ML=
RURAL RECREATION RESIDENTIAL ZONE RR -1
SECTION 3.150 Uses Permitted Outright. In an RR -1 Zone the following uses
and their accessory uses are permitted outright:
1. Single-family dwelling.
2. Farming including the keeping of livestock i.n accordance with the
standards prescribed in Section 7.050, 6. of this ordinance.
SECTION 3.155 Conditional Uses Permitted. In an RR -1 Zone the following
uses and their accessory uses are permitted when authorized in accordance
with.the provisions of Article 7:
1. Two-family dwelling.
2. Public use.
3. Semi-public use.
4. Mobilehome used as the principle residence unless otherwise
restricted by deed restrictions.
5. Planned Development as prescribed in Section 4.010 of this ordinance.
SECTION 3.160 Accessory Uses.In an RR -1 Zone there shall be the following
limitations on accessory uses:
1. There shall be not more than one private garage for each dwelling
unit and the garage shall not exceed 720 square feet in floor area.
2. There may be home occupations as provided in Section 5.010.
SECTION 3.165 Lot Size. In an RR -1 Zone the minimum lot size shall be as
follows:
1. Lot area shall be a minimum of one acre except as may be provided
in a planned development where a community water system is provided
and approved by the State Board of Health.
2. Where inadequate soil conditions or a high water table exists or
where areas are subject to innundation, no individual sewage
disposal systems may be installed. Lot size shall be predicated
on adequate soil conditions and locations for the installation of
sewage disposal facilities as determined by the County Health
Department; however, no lot may be less than one acre in area.
3. No sewage disposal facility shall be installed and no residence
may be constructed or mobilehome occupied unless and until approval
has first been obtained from the County Health Department.
SECTION 3.170 Yards. Except as provided in Article 6, in an RR -1 Zone the
minimum yard requirements shall be as follows:
1. A front yard shall be a minimum of 50 feet between a building or
structure and the ultimate street right-of-way as adopted on the
Comprehensive Plan or Official Map.
2. A side yard shall be a minimum of 10 feet, except that on corner
lots the side yard on the street side shall be a minimum of 25 ft.
3. A rear yard shall be a minimum of 50 feet.
- 15
29 rAcE933
SECTION 3.175 Height of Buildings. In an RR -1 Zone no buildings shall
exceed a height of 35 feet or two and one-half stories whichever is lower.
SECTION 3.180 Signs. In an RR -1 Zone the following signs are permitted:
1. One name plate or home occupation sign for each dwelling unit.
The sign shall not be more than one and one-half square feet
in area, and shall not be illuminated.
2. One temporary sign advertising the sale, lease, or rental of
the property on which it is located.. The sign -shall not be more
than six square feet in area, and -shall not be,illuminated.
3. One temporary sign within a subdivision advertising the sale of
lots within that subdivision. The sign shall not be more than
64 square feet in area, shall not be illuminated, and shall be
at least 10 feet from a front or side property line.
SECTION 3.185 Off -Street Parking and Loading. -In an RR -1 Zone, off-street
parking and loading shall be provided in accordance with the provisions
of Article 5.
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vot 29 ma 934
EXCLUSIVE AGRICULTURAL ZONE A-1
SECTION 3.210 Uses Permitted Outright. In an A-1 Zone the following
uses and their accessory uses are permitted outright:
I. Farming as defined in this ordinance.
2. Uses permitted in the R-1 Zone.
3. Buildings and uses customarily provided in conjunction with farming.
SECTION 3.215 Conditional Uses Permitted. In an A-1 Zone the following uses
and their accessory uses are permitted when authorized in accordance with the
provisions of Article 7:
1. Public use.
2. Semi-public use.
3. Dude or guest ranch.
4. Commercial riding stable.
5. Kennel or animal hospital.
6. Guest house or mobile home.
SECTION 3.220 Lot Size. In an A-1 Zone the lot size shall be as follows:
1. The minimum lot area shall be five (5) acres.
2. The minimum lot width shall be 300 feet with a minimum street
frontage of 150 feet.
3. The minimum lot depth shall be 400 feet.
SECTION 3.225 Yards. Except as provided in Article 6, in an A-1 Zone the
minimum yard requirements shall be as follows:
1. A front yard shall be a minimum of 50 feet between a building or
structure and the ultimate street right-of-way as adopted on the
Comprehensive Plan or Official Map.
2. A side yard shall be a minimum of 10 feet, except that on corner
lots the side yard on the street side shall be a minimum of 50 ft.
3. A rear yard shall be a minimum of 50 feet.
SECTION 3.230 Signs. In an A-1 Zone the following signs are permitted:
1. One name plate for each dwelling unit. The sign shall not be more
than one and one-half square feet in area, and shall not be
illuminated.
2. One temporary sign advertising the sale, lease, or rental of the
property on which it is located. The sign shall not be more than
six square feet in area, and shall not be illuminated.
3. One temporary sign within a subdivision advertising the sale of
lots within that subdivision. The sign shall not be more than 64
square feet in area, shall not be illuminated, and shall be at least.
10 feet from a front or side property line.
4. One sign identifying the name of a farm or ranch of 20 acres or
more, a conditional use. The sign shall not be more than 25 square
feet in area, shall not be illuminated, and shall be at least 10
feet from a property line.
- 17 -
29
GENERAL AGRICULTURAL ZONE A-2
SECTION 3.250 Uses Permitted Outright. In an A-2 Zone the following uses
and their accessory uses are permitted outright:
1. Farming as defined in this ordinance.
2. Uses permitted in the R-1 and A-1 zones.
3. Dude or guest ranch.
4. Commercial riding stable.
5. Livestock sales yard.
6. Kennel or animal hospital.
SECTION 3.255 Conditional Uses Permitted. In an A-2 Zone the following
uses and their accessory uses are permitted when authorized in accordance
with the provisions of Article 7:
1. Public use.
2. Semi-public use.
3. Commercial livestock feeding yard.
4. Mining, quarrying, or other extraction, processing or refining
of ore or other natural resource material.
SECTION 3.260 Lot Size. An an A-2 Zone the lot size shall be as follows:
1. The minimum lot area shall be ten (10) acres.
2. The minimum lot width shall be 300 feet with a minimum street
frontage of 150 feet.
3. The minimum lot depth shall be 600 feet.
SECTION 3.265 Yards. Except as provided in Article 6, in an A-2 Zone the
minimum yard requirements shall be as follows:
1. A front yard shall be a minimum of 50 feet between a building or
structure and the ultimate street right-of-way as adopted on the
Comprehensive Plan or Official Map.
2. A side yard shall be a minimum of 10 feet, except that on corner
lots the side yard on the street side shall be a minimum of 50 ft.
3. A rear yard shall be a minimum of 50 feet.
SECTION 3.270 Signs. In an A-2 Zone signs shall be permitted as used in
an A-1 zone under Section 3.230.
RURAL SERVICE CENTER ZONE A -S
SECTION 3.275 Uses Permitted Outright. In an A -S Zone the following uses
and their accessory uses are permitted:
1. Uses permitted outright in the A-2 zone.
2. Agribusiness - agriculturally oriented commercial or industrial
use designed to serve the agricultural community, including non-
farm residents living within the A -S zone.
3. Public and semi-public uses.
4. Non-farm and commercial residential use.
5. Retail store, restaurant, office or service establishment, including
commercial amusement or recreation facilities.
6. One mobilehome used as the main residence on a lot.
7. Two-family dwelling.
SECTION 3.280 Conditional Uses Permitted. In an A -S Zone the following
uses and their accessory uses are permitted when authorized in accordance
with Article 7:
1. Livestock feeding yard.
2. Mobilehome or travel trailer park.
SECTION 3.285 Lot Size and Yards. In an A -S Zone, the minimum lot sizes
and yard requirements shall conform to the standards specified in the various
applicable zones of this ordinance subject to approval of the County Health
Department necessary for the protection of the public health. Approval shall
be first obtained from the County Health Department prior to constructing any
building and installing a sewage disposal system, including that for a mobile -
home.
SECTION 3.290 Signs. Signs for the various uses permitted in the A -S Zone
shall conform to the standards specified under the comparable zones of this
ordinance.
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vot 29 PAGE 937
TOURIST COMMERCIAL ZONE C-1
SECTION 3.310 Uses Permitted Outright. In a C-1 Zone the following uses and
their accessory uses are permitted subject to the provisions of Section 3.320.
1. Car wash.
2. Drug store.
3. Eating or drinking establishment, including drive-in restaurant.
4. Food store.
5. Gift shop or similar tourist -oriented specialty store.
6. Motel.
7. Self -servicing laundry.
8. Sporting goods store.
9. Service Station .
10. Business or professional office.
11. Medical or dental clinic.
12. Commercial recreation facility.
SECTION 3.315 Conditional Uses Permitted. In a C-1 Zone the following uses
and their accessory uses are permitted when authorized in accordance with the
provisions of Article 7:
1. Public use.
2. Semi-public use.
3. Veterinary clinic or kennel.
4. Repair garage provided there is no outside repair or storage.
5. Travel -trailer park or mobilehome park.
6. The resumption of a residential use for single, two or multi -family
dwellings as the use has been previously conducted where such use
has been discontinued.
SECTION 3.320 Site Plan Review. In a C-1 Zone a use permitted shall be
subject to the provisions of this section. Before a new building may be
constructed or an existing building enlarged or substantially altered, a
site development plan shall be submitted to the Planning Commission for
approval. Construction and development of the site shall be in substantial
conformance with plans approved by the Planning Commission. In considering
a site plan for a proposed use in a C-1 zone, the Planning Commission shall
take into account the impact of the proposed use on nearby residential and
commercial property, on the capacity of the street to carry traffic, and
on the appearance of the street. The Planning Commission may require as a
condition of approval:
1. An increase in the required yards.
2. Additional off-street parking.
3. Screening of the proposed use by a fence or landscaping.
4. Limitations on signs or lighting.
5. Limitations on the number and location of curb cuts.
6. Any other conditions which it considers necessary to achieve the
purposes of this ordinance.
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vot 29 PACE 938
SECTION 3.325 Yards. Except as provided in Article 6, in a C-1 Zone the
minimum yard requirements shall be as follows:
1. A front yard shall be a minimum of 10 feet between a building or
structure and the ultimate street right-of-way as adopted on the
Comprehensive Plan or Official Map.
2. A side or rear yard abutting a residential zone shall be a minimum
of 25 feet.
3. A side or rear yard abutting a street shall be a minimum of 10 feet.
4. A rear yard abutting an alley shall be 25 feet when it is to be used
for servicing the commercial establishment.
SECTION 3.330 Height of Buildings. In a C-1 Zone no buildings shall exceed
a height of 35 feet or two and one-half stories, whichever is lower.
SECTION 3.335 Signs. In a C-1 Zone signs are subject to the following
general requirements:
1. Signs shall be set back at least 10 feet from a lot in a residential
zone.
2. Signs shall not be placed (post or overhang) or projected into an
ultimate street right-of-way as adopted on the Comprehensive Plan
or Official Map.
3. In the event a person, desiring to erect or place a sign, does not
know or is uncertain where the ultimate street right-of-way is
located, he shall contact the County Planning Department for assistance.
4. Signs shall be oriented in a manner not to cast direct light on
adjacent or nearby residential property.
5. The specific types, sizes, design and number of permitted commercial
and industrial signs shall conform to the County Sign Code as may be
adopted in addition to this ordinance.
SECTION 3.340 Off -Street Parking and Loading. In a C-1 Zone off-street
parking and loading shall be provided in accordance with the provisions
of Article 5.
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vai 29 Qa 939
GENERAL COMMERCIAL ZONE C-2
SECTION 3.350 Uses Permitted Outright. In a C-2 Zone the following uses and
their accessory uses areermitted subject to Section 3.330(includes uses
permitted in the C-1 zone .
1. Automotive sales and service.
2. Bank or other financial institution.
3. Bakery.
4. Boat or trailer sales and service.
5. Building supply outlet.
6. Day nursery.
7. Farm and heavy equipment sales and service.
8. Frozen food locker.
9. Laundry or dry-cleaning establishment.
10. Printing plant.
11. Retail store.
12. Veterinary clinic or kennel.
13. Car wash.
14. Drug store.
15. Eating or drinking establishment, including drive-in restaurant.
16. Food store.
17. Gift shop or similar tourist -oriented specialty store.
18. Motel.
19. Self-service laundry.
20. Sporting goods store.
21. Service station.
22. Business or professional office, including personal service.
23. Medical or dental clinic.
24. Commercial recreation facility.
SECTION 3.355 Conditional Uses Permitted. In a C-2 Zone the following uses
and their accessory uses are permitted when authorized in accordance with the
provisions of Article 7:
1. Public use.
2. Semi-public use.
3. Multi -family dwelling.
4. Mobilehome park.
5. Drive-in theatre.
6. Mortuary.
7. The resumption of a residential use for single, two or multi -family
dwellings as the use has been previously conducted where such use
has been discontinued.
SECTION 3.360 Site Plan Review. In a C-2 Zone a use permitted shall be
subject to the provisions of this section. Before a new building may be
constructed or an existing building enlarged or substantially altered, a
site development plan shall be submitted to the Planning Commission for
approval. Construction and development of the site shall be in substantial
conformance with plans approved by the Planning Commission. In considering
wlkm
vot 29 eAcE 940
a site plan for a proposed use in a C-2 zone the Planning Commission shall
take into account the impact of the proposed use on nearby residential and
commercial property, on the capacity of the street to carry traffic, and
on the appearance of the street. The Planning Commission may require as a
condition of approval:
1. An increase in the required yards.
2. Additional off-street parking.
3. Screening of the proposed use by a fence or landscaping.
4. Limitations on signs or lighting.
5. Limitations on the number and location of curb cuts.
6. Any other conditions which it considers necessary to achieve
the purposes of this ordinance.
SECTION 3.365 Yards. Except as provided in Article 7, in a C-2 zone the
minimum yard requirements shall be as follows:
1. A front yard shall be a minimum of 10 feet between a building or
structure and the ultimate street right-of-way as adopted on the
Comprehensive Plan or Official Map.
2. A side or rear yard abutting a residential zone shall be a minimum
of 25 feet.
3. A side or rear yard abutting a street shall be a minimum of 10 feet.
4. A rear yard abutting an alley shall be 25 feet when it is to be used
for servicing the commercial establishment.
SECTION 3.370 Height of Buildings. In a C-2 Zone no building shall exceed
a height of 35 feet or two and one-half stories, whichever is lower.
SECTION 3.375 Signs. In a C-2 Zone signs are subject to the following
general requirements:
1. Signs shall be set back at least 10 feet from a lot in a residential
zone.
2. Signs shall not be placed (post or overhang) or projected into an
ultimate street right-of-way as adopted on the Comprehensive Plan
or Official Map.
3. In the event a person, desiring to erect or place a sign, does not
know or is uncertain where the ultimate street right-of-way is
located, he shall contact the County Planning Department for assistance.
4. Signs shall be oriented in a manner not to cast direct light on
adjacent or nearby residential property.
5. The specific types, sizes, design and number of permitted commercial
and industrial signs shall conform to the County Sign Code as may be
adopted in addition to this ordinance.
SECTION 3.380 Off -Street Parking and Loading. In a C-2 Zone Off-street
parking and loading shall be provided in accordance with the provisions
of Article 5.
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va 29 r 941
LIGHT INDUSTRIAL ZONE M-1
SECTION 3.410 Uses Permitted Outright. In an M-1 Zone, the following uses
and their accessory uses are permitted outright:
1. Business office or commercial service business.
2. Eating or drinking establishment.
3. Manufacturing, fabricating, processing, repairing, packing or
storage, except a use specifically listed as a conditional use
in an M-1 zone or a use specifically listed as permitted outright
or as a conditional use in an M-2 zone.
4. Service station.
5. Veterinary clinic or kennel.
6. Wholesale distribution and sales.
7. Trucking freight terminal.
8. Any industry related to research activities and its products
thereof, subject to Section 3.420.
SECTION 3.415 Conditional Uses Permitted. In an M-1 Zone the following
uses and their accessory uses are permitted when authorized in accordance
with the provisions of Article 7:
1. Public use.
2. Semi-public use.
3. Concrete or ready -mix plant.
4. The resumption of a residential use for single, two or multi -family
dwellings as the use has been previously conducted where such use
has been discontinued.
SECTION 3.420 Limitations on Use. In an M-1 Zone the following limitations
on use shall apply:
1. Any use which creates a nuisance because of excessive noise, smoke,
odor, dust, or gas is prohibited.
2. Materials shall be sorted and grounds shall be maintained in a
manner which will not attract or aid the propagation of insects
or rodents or otherwise create a health hazard.
3. All service, processing, and storage on property abutting or
facing a residential zone shall be wholly within an enclosed
building or screened from view from the residential zone or a
street or highway by a permanently -maintained, sight -obscuring
fence at least six feet high or sight obscuring landscaping.
4. Access from a public street to properties in an M-1 zone shall be
so located as to minimize traffic congestion and avoid directing
industrial traffic onto residential or other streets.
5. Building entrances or other openings adjacent to a residential or
commercial zone shall be prohibited if they cause glare, excessive
noise, or otherwise adversely affect the use or value of the adjacent
property.
- 24 -
von 29 Facc 942
6. Water used in conjunction with an industrial use shall not be
used or discharged except as approved by the State Department
of Environmental Quality. Also sewage disposal systems shall
be approved by the County Health Department prior to installation.
SECTION 3.425 Site Plan Review. In an M-1 Zone a use permitted shall be
subject to the provisions of this section. Before a new building may be
constructed or an existing building enlarged or substantially altered, a
site development plan shall be submitted to the Planning Commission for
approval. Construction and development of the site shall be in substantial
conformance with plans approved by the Planning Commission. In considering a
site plan for a proposed use in an M-1 zone the Planning Commission shall
take into account the impact of the proposed use on nearby residential and
commercial property, on the capacity of the street to carry traffic, and
on the appearance of the street. The Planning Commission may require as
a condition of approval:
1. An increase in the required yards.
2. Additional off-street parking.
3. Screening of the proposed use by a fence or landscaping.
4. Limitations on signs or lighting.
5. Limitations on the number and location of curb cuts.
6. Any other conditions which it considers necessary to achieve
the purposes of this ordinance.
SECTION 3.430 Yards. Except as provided in Article 6, in an M-1 Zone the
side, front and rear yard shall be a minimum of 50 feet.
SECTION 3.435 Lot Coverage. In an M-1 Zone buildings shall not cover more
than 75 percent of the lot.
SECTION 3.440 Height of Buildings. In an M-1 Zone no building shall exceed
a height of 45 feet or three stories.
SECTION 3.445 Signs. In an M-1 Zone signs are subject to the following
general requirements :
1. Signs shall be set back at least 25 feet from a lot in a residential
zone.
2. Signs shall not be placed (post or overhang) or projected into an
ultimate street right-of-way as adopted on the Comprehensive Plan
or Official Map.
3. In the event a person, desiring to erect or place a sign, does not
know or is uncertain where the ultimate street right-of-way is
located, he shall contact the County Planning Department for assistance.
4. Signs shall be oriented in a manner not to cast direct light on
adjacent or nearby residential property.
- 25 -
U1
5. The specific types, sizes, design and number of permitted
commercial and industrial signs shall conform to the County
Sign Code as may be adopted in addition to this ordinance.
SECTION 3.450 Off -Street Parking and Loading. In an
parking and loading shall be provided in accordance with
of Article 5.
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29 PAGE 943
M-1 Zone off-street
the provisions
va 29 Fsm944
HEAVY INDUSTRIAL ZONE M=2
SECTION 3.455 Uses Permitted Outright. In an M-2 Zone the following uses
and their accessory uses are permitted outright:
1. A use permitted outright in an M-1 zone.
2. Concrete or concrete products manufacturing.
3. Lumber manufacturing or wood processing.
4. Petroleum products storage or distribution.
SECTION 3.460 Conditional Uses Permitted. In an M-2 Zone the following
uses and their accessory uses are permitted, when authorized in accordance
with the provisions of Article 7:
1. Asphalt plant.
2. Chemical manufacturing or storage, including farm chemicals.
3. Livestock feeding yard or stock yard.
4. Glue manufacturing.
5. Ore smelter.
6. Public use.
7. Semi-public use.
8. Rendering plant.
9. Slaughter house
10. Tannery.
11. Wrecking yard or junk yard.
12. The resumption of a residential use for single, two or multi -family
dwellings as the use has been previously conducted where such use
has been discontinued.
SECTION 3.465 Limitations on Use. In an M-2 Zone the following limitations
on use shall apply:
1. Any use which creates a nuisance because of excessive noise, smoke,
odor, dust, or gas is prohibited.
2. Materials shall be stored and grounds shall be maintained in a
manner which will not attract or aid the propagation of insects
or rodents or otherwise create a health hazard.
3. All service, processing, and storage on property abutting or
facing a residential zone shall be wholly within an enclosed
building or screened from view from the residential zone or a
street or highway by a permanently -maintained, sight -obscuring
fence at least six feet high or sight obscuring landscaping.
4. Access from a public street to properties in an M-2 zone shall be
so located as to minimize traffic congestion and avoid directing
industrial traffic onto residential or other streets.
5. Building entrances or other openings adjacent to a residential or
commercial zone shall be prohibited if they cause glare, excessive
noise, or otherwise adversely affect the use or value of the
adjacent property.
- 27 -
va 29 ra,945
6, Water used in conjunction with an industrial use shall not be
used or discharged except as approved by the State Department
of Environmental Quality. Also sewage disposal systems shall
be approved by the County Health Department prior to installation.
SECTION 3.470 Site Plan Review• In an M-2 Zone a use permitted shall be
subject to the provisions of this section. Before a new building may be
constructed or an existing building enlarged or substantially altered, a
site development plan shall be submitted to the Planning Commission for
approval. Construction and development of the site shall be in substantial
conformance with plans approved by the Planning Commission. In considering
a site plan for a proposed use in an M-2 zone the Planning Commission shall
take into account the impact of the proposed use on nearby residential and
commercial property, on the capacity of the street to carry traffic, and on
the appearance of the street. The Planning Commission may require as
a condition of approval:
1. An increase in the required yards.
2. Additional off-street parking.
3. Screening of the proposed use by a fence or landscaping.
4. Limitations on signs or lighting.
5. Limitations on the number and location of curb cuts.
6. Any other conditions which it considers necessary to achieve
the purposes of this ordinance.
SECTION 3.475 Yards. Except as provided in Article 6, in an M-2 Zone the
side, front and rear yard shall be a minimum of 50 feet.
SECTION 3.480 Lot Coverage. In an M-2 Zone buildings shall not cover more
than 75 percent of the lot.
SECTION 3.485 Height of Buildings. In an M-2 Zone no building shall exceed
a height of 45 feet or three stories.
SECTION 3.490 Signs. In an M-2 Zone signs are subject to the same requirements
as provided in the M-1 Zone, Section 3.445.
SECTION 3.495 Off -Street Parking and Loading. In an M-2 Zone off-street
parking and loading shall be provided in accordance with the provisions of
Article 5.
MMM
VOL 29 rAcE946
INDUSTRIAL RESERVE ZONE M -R
SECTION 3.510 Uses Permitted Outright. In an M -R Zone, certain uses and
their accessory uses are permitted where a site development plan as required
in Section 3.520 has been approved by the Planning Commission. In considering
the site development plan, the Commission shall determine that the proposed
development is significantly related to and dependent on a transportation
facility such as an airport or railroad as identified in and as recommended
by the policies of the Comprehensive Plan for Deschutes County. In addition,
the M -R zone includes certain incidental and commercial service uses to
accomodate such M -R industries. The M -R zone is established to ensure the
protection and enhancement of the economic values of special use industries
which could otherwise be hampered by uses permitted in other industrial zones.
M -R zone uses include the following:
1. Manufacturing and incidental uses pursuant to the purpose of this
Section.
2. Truck freight terminal.
3. Any industrial use engaged in research activities and products
thereof, subject to Section 3.515.
4. Public use and Semi-public use when appropriate to an M -R area.
5. Business office incidental to a permitted industrial use..
6. Commercial service business.
7. Eating or drinking establishment.
8. Wholesale distribution of goods incidental to M -R industries.
9. Service station.
10. Similar uses incidental or related to M -R industries, as authorized
in accordance with Section 2.050 of this ordinance.
SECTION 3.515 Limitations on Use. In an M -R Zone the following limitations
on use shall apply:
1. Any use which creates a nuisance because of excessive noise, smoke,
odor, dust, or gas is prohibited.
2. Materials shall be stored and grounds shall be maintained in a
manner which will not attract or aid the propagation of insects
or rodents or otherwise create a health hazard.
3. All service, processing, and storage on property abutting or
facing a residential zone shall be wholly within an enclosed
building or screened from view from the residential zone or a
street or highway by a permanently -maintained, sight -obscuring
fence at least six feet high or sight obscuring landscaping.
4. Access from a public street to properties in an M -R zone shall be
so located as to minimize traffic congestion and avoid directing
industrial traffic onto residential or other streets.
5. Building entrances or other openings adjacent to a residential or
commercial zone shall be prohibited if they cause glare, excessive
noise, or otherwise adversely affect the use or value of the
adjacent property.
- 29 -
va 29 rox 947
6. Water used in conjunction with an industrial use shall not be
used or discharged except as approved by the State Department
of Environmental Quality. Also sewage disposal systems shall
be approved by the County Health Department prior to installation.
SECTION 3.520 Site Plan Review. In an M -R Zone a use permitted shall be
subject to the provisions of this section. Before a new building may be
constructed or an existing building enlarged or substantially altered, a
site development plan shall be submitted to the Planning Commission for
approval. Construction and development of the site shall be in substantial
conformance with plans approved by the Planning Commission. In considering
a site plan for a proposed use in an M -R zone the Planning Commission shall
take into account the impact of the proposed use on nearby residential and
commercial property, on the capacity of the street to carry traffic, and
on the appearance of the street. The Planning Commission may require as
a condition of approval:
1. An increase in the required yards.
2. Additional off-street parking.
3. Screening of the proposed use by a fence or landscaping.
4. Limitations on signs or lighting.
5. Limitations on the number and location of curb cuts.
6. Any other conditions which it considers necessary to achieve
the purposes of this ordinance.
SECTION 3.525 Yards. Except as provided in Article 6, in an M -R Zone the
side, front and rear yard shall be a minimum of 25 feet.
SECTION 3.530 Lot Coverage. In an M -R Zone buildings shall not cover more
than 75 percent of the lot.
SECTION 3.535 Height of Buildings. In an M -R Zone no building shall exceed
a height of 45 feet or three stories.
SECTION 3.540 Signs. In an M -R Zone signs are subject to the same
requirements as provided in the M-1 zone, Section 3.445.
SECTION 3.545 Off -Street Parking and Loading. In an M -R Zone off-street
parking and loading shall be provided in accordance with the provisions of
Article 5.
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ARTICLE 4. SPECIAL USE ZONES
PLANNED DEVELOPMENT ZONE PD
VOL 29 PAGE 948
SECTION 4.010 Purpose and Utilization. The purpose of the PD Zone is to
permit flexibility in the design and development of larger tracts of land.
Planned developments, involving the careful application of design, are
encouraged to achieve a more functional, esthetically pleasing and harmonious
living environment within the County than might be achieved otherwise through
strict adherence to the regulations of this ordinance or the Subdivision
Ordinance No. PL -2. In certain instances, the objectives of these ordinances
may be achieved by the development of planned units which do not conform with
the more conventional standards of design and improvement.
A planned unit development may include lots, streets and other improvements
in an arrangement which will accommodate a variety of dwelling types and a
variety of land uses which are made to complement each other and harmonize
with existing or planned uses in the vicinity, by innovation in design.
SECTION -4.020 Standards and Requirements. Approval of a request for a PD
Zone is dependent upon the submission of an acceptable plan and satisfactory
assurance that it will be carried out. The following standards and requirements
shall apply:
1. A planned development approach may be utilized in the design and develop-
ment of an urban, suburban or recreation residential area
as generally shown on the Comprehensive Plan for Deschutes County.
2. A planned unit development includes, without exception, an open space
or recreational area designed for the use and benefit of all the
dwelling units or lots in the development. Lots or units shall be
designed to have direct access to the open space provided.
3. A use permitted in an R-1, R-2 or C-1 zone is permitted in a PD zone.
4. The minimum area shall be 10 acres where a subdivision(including
condominium) is proposed pursuant to the Subdivision Ordinance
No. PL -2.
5. The minimum area shall be 5 acres where a subdivision is not proposed.
6. Where a planned development subdivision is proposed, the standards of
the Subdivision Ordinance No. PL -2 shall apply.
7. The Planning Commission may require a performance bond to assure that
the proposed development will be completed as approved and within the
time limits agreed to.
SECTION 4.030 Procedure. The following procedure shall be followed in
requesting a PD Zone:
1. An applicant shall submit to the Planning Commission ten copies of
a plan for development of the property. The plan shall be submitted
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a 29 ?AGE 949
to the Planning Director at least 21 days prior to the Planning
Commission meeting at which it will be considered. The plan shall
show at a suitable scale the following information:
a. The relationship of the property to the surrounding area.
b. The preliminary plan of subdivision or re -subdivision, if any,
which shall include the information requi red by the
Subdivision Ordinance.
c. Land uses, building locations, and number of dwelling units.
d. The arrangement of streets and pedestrian ways.
e. The location of off-street parking spaces.
f. The location of public or communal open space.
g. Plans for site grading and drainage.
h. Plans for water supply and sewage disposal.
i. Plans for transfer of ownership of the property, if any, and
arrangements for maintenance of common areas and facilities.
2. In considering the plan, the Planning Commission shall determine that:
a. There are special development objectives or physical conditions
which justify a request for a PD Zone.
b. The planned development will be in harmony with the surrounding
area.
c. The planned development can be completed within a reasonable
period of time.
d. The planned development will not overload adjacent streets or
utilities.
e. The planned development will be consistent with the objectives of
the Comprehensive Plan.
3. The Planning Commission shall notify the applicant whether in its
judgment the foregoing provisions have been satisfied and, if not,
whether they can be satisfied with other alternatives or revision
of the plan.
4. When the foregoing provisions have been satisfied for a development
plan or preliminary subdivision plan, the Planning Commission may,
after the public hearing, grant preliminary approval of the plans
and recommend adoption of the PD Zone to the Board of Commissioners.
Final approval of the plan of a planned development or final sub-
division plat (pursuant to Ordinance PL -2) shall be withheld until
the zone change to PD has been adopted by the Board of Commissioners
and has become effective.
5. In the event the planned development is proposed in a permitted zone
as a Conditional Use, plans may receive approval (with conditions) when
the Conditional Use Permit is approved by the Planning Commission. In
such case, when the conditions have been satisfied and the final plan or
final subdivision plat has been approved, the planned development zone
classification symbol (PD) will be automatically incorporated as part
of the permitted zone; i. e. R-1 (PD).
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SCENIC CORRIDOR ZONE SC
VOL 29 PACE 950
SECTION 4.110 (Reserved for expansion)
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FLOOD PLAIN ZONE FP
SECTION 3.210 (Reserved for expansion)
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AIRPORT APPROACH ZONE AA
vot 29 mcE952
SECTION 4.310 (Reserved for expansion)
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VOL 29 rxE9M
ARTICLE 5. SUPPLEMENTARY REGULATIONS
SECTION 5.010 Home occupations. A home occupation, when conducted as an
accessory use to a dwelling in a residential zone, shall be subject to the
following limitations:
1. No person shall be employed other than a member of the family
residing on the premises.
2. No exterior storage or display shall be permitted.
3. Exterior signs shall be limited to those permitted in the zone
in which the home occupation is located. There shall be no other
exterior indication of the home occupation.
4. There shall be no retail sales from the premises.
5. A home occupation which creates a nuisance because of noise,
smoke, dust, gas, or the generation of excessive vehicle traffic
is prohibited.
SECTION 5.020 Minimum Lot Frontage. Every lot shall abut a street, other
than an alley, for at least 60 feet or as specified in the County Subdivision
Ordinance No. PL -2 (as applied to curved streets and other conditions).
SECTION 5.030 Clear -Vision Area Requirements. A clear -vision area of 15 ft.
shall be maintained on the corners of all property adjacent to the intersection
of two streets or of a street and a railroad. A clear -vision area shall
contain no planting, fence, or other temporary or permanent obstruction
exceeding three feet in height, measured from the top of the curb, or where
no curb exists, from the established center line grade of the street, except
that trees exceeding two and one-half feet may be permitted if foliage is
removed to a height of 8 feet above the top of the curb.
SECTION 5.040 Off -Street Parking. At the time a building is constructed or
enlarged, off-street parking spaces shall be provided as set forth in this
section. When square feet are specified, the area measured shall be the
gross floor area of the building but shall exclude any space within a building
devoted to off-street parking or loading. When the number of employees is
specified, persons counted shall be those working on the premises, including
proprietors, during the largest shift at peak season.
USE
1. Residential uses.
One or two-family dwelling
or mobile home.
Multi -family dwelling containing
three or more dwelling units.
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STANDARD
One space per dwelling unit.
Spaces equal to 1.5 times the
number of dwelling units.
2. Commercial residential uses.
Motel or hotel
Club or lodge
3. Institutions
Convalescent hospital, nursing
home, sanitarium, rest home.
Hospital
4. Places of public assembly.
Church
Elementary or junior high
school
High School
Other auditorium or meeting
room
5. Commercial amusements.
Stadium, arena, etc.
Bowling establishment without
restaurant.
Bowling establishment with
restaurant.
Dance hall or skating rink.
WYM
vat 29 PAGE 954
One space per guest or suite
plus one space for the owner
or manager.
Spaces to meet the combined
requirements of the uses being
conducted such as hotel, restau-
rant, etc.
One space per two beds for
patients or residents.
Spaces equal to 1.5 times the
number of beds.
One space per four seats in
the main auditorium.
One space per classroom plus
one space per administrative
employee or one space per four
seats in the auditorium or
assembly room.
One space per classroom plus
one space per administrative
employee plus one space for
each six students or one space
per four seats in the main
auditorium.
One space per 60 square feet
of floor area.
One space per four seats.
Six spaces per alley.
Eight spaces per alley.
One space per 100 square feet.
of floor area.
6. Commercial
Retail store
Service or repair shop, retail
business handling bulky merchan-
dise such as automobiles and
furniture.
Bank or business office
Medical or dental clinic
Eating or drinking establishment
Mortuary
7. Industrial
Storage warehouse, manufacturing
freight terminal or wholesale
establishment.
a 29 rAcE955
One space per 400 square feet
of floor area.
One space per 600 square feet
of floor area.
One space per 600 square feet
of floor area plus one space
per two employees
One space per 300 square feet
of floor area plus one space
per two employees.
One space per 200 square feet
of floor area.
One space per four seats in
the chapel.
One space per employee.
SECTION 5.050 Off -Street Parking and Loading. Buildings or structures to
be built or substantially altered which receive and distribute materials and
merchandise by trucks shall provide and maintain off-street loading berths
in sufficient number and size to handle adequately the needs of the particular
use. Off-street parking areas used to fulfill the requirements of this
ordinance shall not be used for loading and unloading operations except during
periods of the day when not required to care for parking needs. General
provisions are as follows:
1. The provision and maintenance of off-street parking and loading spaces
is a continuing obligation of the property owner. Should the owner
or occupant of any lot or building change the use to which the lot or
building is put, thereby increasing off-street parking or loading
requirements, it shall be a violation of this ordinance to begin or
maintain such altered use until such time as the increased off-street
parking or loading requirements are complied with.
2. Requirements for types of buildings and uses not specifically listed
in this ordinance shall be determined by the Planning Commission
based upon the requirements for comparable uses listed.
3. In the event several uses occupy a single structure or parcel of land,
• the total requirements for off-street parking shall be the sum of the
requirements of the several uses computed separately.
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VOL 29 PAGE 956
4. Owners of two or more Uses, structures, or parcels of land may
agree to utilize jointly the sante parking and loading spaces when
the hours of operation do not overlap, provided that satisfactory
legal evidence is presented to the county in the form of deeds,
leases, or contracts to establish the joint use.
5. Off-street parking spaces for dwellings shall be located on the
same parcel with the dwelling. Other required parking spaces shall
be located not farther than 500 feet from the building or use they
are required to serve, measured in a straight line from the building.
6. Required parking spaces shall be available for the parking of passenger
automobiles of residents, customers, patrons, and employees only, and
shall not be used for storage of vehicles or materials or for the park-
ing of trucks used in conducting the business or use.
SECTION 5.060 Design and Improvement Standards for Parking Lots.
1. Areas used for parking for more than two vehicles shall have durable
and dustless surfaces adequately maintained.
2. Except for parking in connection with dwellings, parking and loading
areas adjacent to or within a residential zone or adjacent to a
dwelling shall be designed to minimize disturbance to residents by
the erection between the uses of a sight -obscuring fence or planted
screen of not less than five feet in height except where vision clear-
ance is required.
3. Parking spaces along the outer boundaries of a parking lot shall be
contained by a bumper rail or by a curb which is at least four inches
high and which is set back a minimum of one and one-half feet from
the property line.
4. Artificial lighting which may be provided shall not shine or create
glare in any residential zone or on any adjacent dwelling.
5. Access aisles shall be of sufficient width to permit easy turning
and maneuvering.
6. Except for single-family and duplex dwellings, groups of more than
two parking spaces shall be so located and served by a driveway that
their use will require no backing movements or other maneuvering
within a street right-of-way other than an alley.
7. Service -drives to off-street parking areas shall be designed and
constructed both to facilitate the flow of traffic and to provide
maximum safety for vehicles and pedestrians. The number of service
drives shall be limited to the minimum that will accommodate
anticipated traffic.
71 8. Driveways shall have a minimum vision clearance area formed by the
intersection of the driveway center line, the street right-of-way.
line, and a straight line joining said lines through points 30 feet
from their intersection.
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vii 29 tAGE 957
.10 ARTICLE 6. EXCEPTIONS
SECTION 6.010 Projections from Building. Cornices, eaves, canopies, sun-
shades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters,
lintels, and other similar architectural features shall not project move
than 24 inches into a required yard.
SECTION 6.020 Exception to Lot Size Requirements. If a lot or the aggregate
of contiguous lots or parcels platted prior to the time this ordinance was
adopted has an area or dimension which does not meet the requirements of
this ordinance, the lot or aggregate holdings may be put to a use permitted
subject to the other requirements of the zone in which the property is located.
SECTION 6.030 Exception to Yard Requirements, The Planning Commission may
increase the yard requirement when a yard abuts a street which the County
has designated for future widening. The Planning Commission may permit a
lesser front yard requirement if structures on abutting lots do not meet
the front yard requirement of the zone in which it is located.
SECTION 6.031 Exception to Yard Requirements For Detached Access or Buil din s.
Detached accessory buildings shall be located not less 50 50 feet from the
front lot line and shall not project into the required side yard on the street
side of a corner lot. Where no alley exists, accessory buildings shall be
located not less than 6 feet from the rear lot line, but in no event may a
structure encroach on a public utility easement. Where an alley does exist,
accessory buildings shall be located not less than five feet from the rear
lot line or alley.
SECTION 6.040 Exception to Building Height Limitations. The following types
of structures or structural parts are not subject to the building height
limitations of this ordinance: chimneys, tanks, church spires, belfries,
domes, monuments, fire and hose towers, observation towers, transmission
towers, smokestacks, flagpoles, radio and television towers, masts, aerials,
cooling towers, elevator shafts, and other similar projections.
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vot 29 FACE 958
ARTICLE 7. CONDITIONAL USES
SECTION 7.010 Authorization to Grant or Deny Conditional Uses. Uses
designated in this ordinance as conditional uses may be permitted upon
authorization by the Planning Commission in accordance with the standards
and procedures established in this article. In permitting a conditional
use the Planning Commission may impose, in addition to those standards
and requirements expressly specified by this ordinance, any additional
condi ti ons which it considers necessary to protect the best interests
of the surrounding property or community. These conditions may include
increasing the required lot size or yard size, limiting the height of
buildings, controlling the location and number of driveways, increasing the
street width, increasing the number of off-street parking and loading spaces,
limiting the number, size, and location of signs, and requiring diking,
fencing, screening, or landscaping to protect nearby property values. In the
case of a use existing prior to the effective date of this ordinance and
which is classified in this ordinance as a conditional use, any change in use
or in lot area or any substantial alteration of the structure shall conform
with the requirements dealing with conditional uses.
SECTION 7.020 Application for a Conditional Use. A property owner may initiate
a request for a conditional use by filing an application with the Planning
Commission using forms precribed in Article -ll,. Application forms shall be
provided by the County Planning Department. An application to the Planning
Commission shall be filed with the Planning Director at least 21 days prior
to the Planning Commission meeting.
y SECTION 7.030 Public Hearing on a Conditional Use. Before the Planning Com-
mission may act on a request for a conditional use it shall hold a public
hearing following the procedure described in Article 11.
SECTION 7.040 Notification of Action. Within five days after a decision has
been rendered on a request for a conditional use, the Planning Director shall
provide the applicant with written notice of the Commissions action.
SECTION 7.050 Standards Governing Conditional Uses. A conditional use shall
comply with the standards of the zone in which it is located except as these
standards may have been modified in authorizing the conditional use or as
otherwise provided as follows:
1. Yards: In a residential zone a required yard shall be at least
two-thirds the height of the principal structure. In any zone
additional yard requirements may be imposed pursuant to Section 7.010.
2. Church: The Planning Commission may authorize a church as a conditional
use if in its judgment the size of the site is adequate for the intended
use, access to the site is adequate, and the surrounding property will
not otherwise be adversely affected.
3. Planned Development: Authorization of a planned development as a conditional
use is dependent upon the submission and approval of a plan for such develop-
ment, or subdivision plan, in accordance with the standards and procedures
prescribed in Article 4. Section 4.010. In approving a conditional use for a
planned development, the principle use must be as permitted in the zone in
which it is located.
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vot 29 fw 959
4. Mobile Home Park. Authorization of a mobi lehonie park as a conditional
use is subject to the submission and approval of a development plan
' by the Planning Commission. The primary purpose is to determine -its
relationship to and effects on surrounding property. The development
plan shall be drawn at a scale of 1 inch = 50 feet or larger in legible
form and shall include the following information:
a. Name, scale, north point and general property description (location).
b. Method of water supply and sewage disposal.
c. Location of trailer spaces and parking spaces.
d. Location of streets, septic and drainfield facilities, recreation
and other facilities.
e. Location of any natural features that might affect the design.
Four copies of the development plan shall be submitted to the Planning
Director for review and distribution to the County and State Health
Departments for their review. The plan shall be submitted at least
21 days prior to the Planning Commission meeting. Basic development
standards are as follows:
a. The minimum area for a mobile home park shall be three acres.
b. The average area of mobile home sites within the trailer park
shall not be less than 4,000 square feet, excluding roadways,
recreation areas, and other accessory facilities.
c. A sight -obscuring fence or hedge row not less than 6 feet high
shall enclose the trailer park except at points of entry and exit.
d. A parking space shall be provided for each trailer site. In
addition, guest parking spaces shall be provided in every trailer
park within 200 feet of the trailer sites served, at a ratio of
one parking space for each two trailer sites. Parking spaces
and drives shall have durable and dustless surfaces and shall be
properly drained and maintained.
5. Medical or Dental Clinic. The Planning Commission may authorize a
medical or dental clinic as a conditional use in an R-2 zone if access
to the site is from a major or secondary street, if off-street parking
space is adequate, and if the design of the clinic is compatible with
the character of the immediate neighborhood.
6. Keeping of Livestock. The Planning Commission may authorize the keeping
of livestock as a conditional use in a residential zone subject to the
following standards:
a. One horse shall have a fenced corral or pasture with a useable area of
at least 7,500 square feet; two horses, at least 10,000 square feet; and
for each additional horse at least 5,000 square feet(but in no event
shall the lot area be less than 20,000 square feet).
b. Cows, goats, sheep, swine, fowl, or other livestock shall not be kept
on any parcel of land with an area less than one acre.
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VOL 29tl
C. No enclosure for horses, cows, goats, sheep, swine, or other
livestock shall be located closer than 25 feet to a dwelling.
d. Fences erected in connection with the keeping of livestock shall
be of lumber or other solid material, shall be kept in good
repair, and shall be at least four feet in height. Fences shall
not be made of barbed wire. A fence shall meet the (front yard)
setback requirements of the zone.
7. Wrecking Yard or Junk Yard. A wrecking yard shall be enclosed by a
sight -obscuring fence not less than six feet high and shall not be
located along a designated scenic highway or within a scenic corridor
as designated by the Comprehensive Plan of Deschutes County. In
considering a proposed wrecking yard or junk yard, the Planning
Commission shall determine that adequate provisions are made for
the permanent maintenance and disposal of materials over time as
conditions may warrant.
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VOL 29 PACE %I
ARTICLE 8. NONCONFORMING USES
SECTION 8.010 Continuation of a Nonconforming Use or Structure. Subject
to the provisions of this article, a nonconforming use or structure existing
prior to the adoption of this ordinance may be continued and maintained in
reasonable repair. A structure conforming with respect to use but noncon-
forming with respect to height, setback, or coverage may be altered or
extended if the alteration or extension does not further deviate from the
standards of this ordinance.
SECTION 8.020 Discontinuance of a Nonconforming Use.
1. If a nonconforming use involving a structure is discontinued from
use for a period of one year, further use of the property shall
conform to this ordinance; except that previous residential use
may be resumed as a conditional use pursuant to Article 7.
2. If a nonconforming use not involving a structure is discontinued
for a period of one year, further use of the property shall
conform to this ordinance.
SECTION 8.030 Change of a Nonconforming Use. If a nonconforming use is
replaced by another use, the new use shall conform to this ordinance.
SECTION 8.040 Destruction of a Nonconforming Use. If a nonconforming
•` structure or a structure containing a nonconforming use is destroyed by
any cause to an extent exceeding 60 percent of fair market value as in-
dicated by the records of the County Assessor, a future structure or use
on the site shall conform to this ordinance.
SECTION 8.050 Completion of Structure. Nothing contained in this ordinance
shall require any change in the plans, construction, alteration, or designated
use of a structure for which construction work has commenced prior to the
adoption of this ordinance.
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r
va 29 ?AGE 962
ARTICLE 9. VARIANCES
SECTION 9.010 Authorization to Grant or Deny Variances. The Planning
Commission may authorize variances from the standards of this ordinance where
it can be_shown that, owing to special and unusual circumstances related to
a specific piece of property, the literal interpretation of this ordinance
would cause an undue or unnecessary hardship, except that no variance shall
be granted to allow the use of property for purposes not authorized within
the zone in which the proposed use would be located. In granting a variance
the Planning Commission may attach conditions which it finds necessary
to protect the best interests of the surrounding property or neighborhood and
to otherwise achieve the purposes of this ordinance.
SECTION 9.020 Circumstances for Granting a Variance. No variance shall be
granted unless it can be shown that all of the following circumstances exist:
1. Conditions apply to the property that do not apply generally to other
properties in the same zone or vicinity, which conditions are a
result of lot size or shape, topography, or other circumstances over
which the applicant has no control.
2. The variance is necessary for the preservation of a property right
of the applicant substantially the same as is possessed by owners of
other property in the same zone or vicinity.
3. The authorization of the variance will not be injurious to other
property in the zone or vicinity in which the property is located
and will not otherwise conflict with the purposes of this ordinance.
4. The variance requested is the minimum variance which will alleviate
the hardship.
SECTION 9.030 Application for a Variance. A property owner may initiate a request
for a variance by filing an app ication with the Planning Director, using forms
prescribed in Article 11. The application shall be accompanied by a plan, drawn
to a suitable scale, showing the condition to be varied and the dimensions and
arrangement of the proposed development.
SECTION 9.040 Public Hearing on a Variance. Before the Planning Commission
may act on a request for a variance, it shall hold a public hearing in
accordance with the provisions of Article 11.
SECTION 9.050 Notification of Action. Within five days after a decision has been
rendered on a request for a variance, the Planning Director shall provide the
applicant with written notice of the Commission's action.
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" - VOL 29 FACE %3
10
ARTICLE 10. AMENDMENTS
SECTION 10.010 Authorization to Initiate Amendments. An amendment to the
text of this ordinance or to a zoning map may be initiated by the Board of
County Commissioners, by the Planning Commission, or by a property owner.
A property owner may initiate a request for an amendment by filing an appli-
cation with the Planning Director using forms prescribed by Article 11.
SECTION 10.020 Public Hearingon an Amendment. The Planning Commission shall
hold a public hearing on a proposed amendment in accordance with the provisions
of Article 11. Within 40 days after the hearing the Planning Commission shall
recommend to the Board of Commissioners approval, disapproval, or
modification of the proposed amendment.
SECTION 10.030 Record of Amendments. The County Clerk shall maintain
records of amendments to this ordinance in a form convenient for use by
the public.
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vot 29 fAcE964
ARTICLE 11. ADMINISTRATIVE PROVISIONS
SECTION 11.010 Administration. It shall be the duty and responsibility
of the Planning Director to administer this ordinance by authority of the
County Planning Commission and the Board of County Commissioners.
SECTION 11.020 Appeal from Ruling of the Planning Commission. An action or
ruling of the Planning Commission pursuant to this ordinance may be appealed
to the Board of County Commissioners within 15 days after Planning Commission
action. Written notice of the appeal shall be filed within the 15 -day period,
the Planning Commission shall make a written report and recommendation to
the Board of Commissioners. The Board of Commissioners shall hold
a public hearing on the appeal.
SECTION 11.030 Form of Petitions, Applications, and Appeals. All petitions,
applications, and appeals provided for in this ordinance shall be made on
forms prescribed by the County.
SECTION 11.040 Filing Fees. Upon filing an application for an amendment, a
conditional use permit, or a variance, the applicant shall pay a fee as may
be established by the Board of Commissioners.
SECTION 11.050 Notice of Public Hearing. When the Planning Commission is
required to hold a public hearing, notice of the hearing shall be given in
the following manner:
1. Each notice of a hearing on an amendment to change the zoning map, on
s a conditional use, or on a variance shall be published in a newspaper
• of general circulation in the County not more than ten days nor less
than 5 days prior to the date of the hearing. In addition, at least
5 days prior to the date of the hearing, notices shall be mailed to
all owners of property within 250 feet of the exterior boundary of
the property for which the application is made. For this purpose
the names and addresses of the owners as shown on the records of
the County Assessor may be used.
2. Each notice of a hearing on an amendment to the text of this ordinance
shall be published at least three times in a newspaper of general
circulation in the county not more than 10 days or less than 5 days prior
to the date of the hearing.
3. Each notice of a hearing on an appeal authorized by this ordinance
shall be published in a newspaper of general circulation in the
county not more than 10 days or less than 5 days prior to the date
of the hearing.
4. Failure of a person to receive the notice prescribed in this section
shall not impair the validity of the hearing.
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Vfl 'Z FACE 965
5. The Planning Commission may recess a hearing in order to obtain
additional information or to serve further notice upon other
property owners or persons it decides may be interested in the
proposal being considered. Upon recessing, the Planning Commission
shall announce the time and date when the hearing is to be resumed.
SECTION 11.060. Time Limit on a Permit for a Conditional Use, Variance,or
a Zone Change. Authorization of a conditional use, a variance, or a zone
change shall be void after eighteen months unless substantial construction
has taken place.
VOL 29 PAGE 966
_0 .
ARTICLE 12. RPILED I ES
SECTION 12.010 Penalty. A person violating a provision of this ordinance
shall, upon conviction, be punished by imprisonment for not more than 30 days
or by a fine of not more than $100, or both. A violation of this ordinance
shall constitute a separate offense each day that the violation continues
pursuant to O.R.S. 215.990.
SECTION 12.020 Enforcement - Alternative Remedy. In case a building or
other structure is, or is proposed to be located, constructed, maintained,
repaired, altered, or used, or land is or is proposed to be used in violation
of this ordinance, the building or land thus in violation shall constitute
a nuisance, and the county may, as an alternative to other remedies that
are legally available for enforcing this ordinance, institute injunction,
abatement, or other appropriate proceedings to prevent, enjoin temporarily
or permanently, abate, or remove the unlawful location, construction,
maintenance, repair alteration, or use.
Approved by the Board of County Commissioners on the
to become effective on January I, 1972.
A EST:
chutes C y ierk
3
2nd day of December, 1971,
BOARD OF COMMISSIONERS
COUNTY OF DESCHUTES
r
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