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HomeMy WebLinkAbout80-201F: e BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Regulating the Use ; �W of Land and Structures in ) r con ` �' Oregon Within Ore Deschutes County, g' Establish- ) _ o =` the Redmond Urban Area, ) Y ccr'n ' " ``-- ing Zones for that Purpose, Repealing Deschutes County Ordinance No. PL -19 and Declaring an Emergency ORDINANCE NO. 80-201 f THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS as follows: ORDINANCE NO. 80-201, PAGE 1 VOL r"Hv ARTICLE I. INTRODUCTORY PROVISIONS Section 1.010. TITLE. This ordinance shall be known as the Redmond Urban Area Zoning Ordinance of 1980. Section 1.020. FINDINGS AND DECLARATION. It is hereby found and declared: That each use of land- has its own particular influence on other land uses and on the city of which it is a part and indirectly on areas outside of the city; that this influence can be detrimental when land uses are uncontrolled, impro- perly placed, unduly concentrated or prematurely developed; that zoning is one of the tools available for putting the "Redmond Urban Area Comprehensive Plan" into efeect in an orderly manner and for assuring the optimum relationships between the various land uses, between the groups of uses or zones herein created or between private uses and the public interest; that this ordinance has been created after full consideration of the character of the city and of the various areas within it and the suitability of various districts for particular uses. and patterns of development; and that the regulations contained in this ordinance are necessary to accomplish the purposes set forth below. Section 1.030. PURPOSE. This ordinance is adopted for the purpose of promoting the health, safety, peace, comfort, convenience, economic well-being and general welfare of the Redmond Urban Area and not limited to, but_specifica111 to gchi.eve the following des' pec objectives. 1. To protect the character and values of land and buildings and economic stability of sound residential, business and industrial districts and to enhance the quality of the desired environment in them by: a. Preventing the intrusion of inharmonious uses. b. Preventing the encroachment on desirable open space appurtenant to each district. c. Providing for the safe and efficient movement of existing and prospective traffic. d. Assuring the provision of necessary off-street parking space for vehicles. ?. To provide for additional growth and. development in a manner appro- priate to the character of the Redmond Urban Area and which will contribute to .he — -- -tb -b----' - - - - ---- - -- economic stability o?=said area and strengthen the ass of its private and governmental economy. 3. To assume that future development occurs in an orderly manner and is relatively compact to provide for economy and efficiency in public services and utilities and to protect the public from costs which may be incurred wher. unsuitable, scattered or premature development occurs. . -1- 35 PAGE E754 4. To assure satisfactory physical relationships between districts of VpL fferent use rr�cteristics and among uses of various types and to minimize conflicts among land uses. f 5. To minimize traffic hazard, traffic congestion and the conflict between land uses and the movement of traffic. 6. To preserve the various areas' right to be attractive and pleasing in appearance and to aid in the development of the urban area by assuring that development in areas of higher density or of commercial or industrial use and along appropriate routes of travel is neat,' orderly and attractive. 7. To control density and intensity of land use to assure lack of congestion; adequate light, air and privacy; convenience of access to property; the mirdn'un interference between land uses; and to assure that the economic benefits incidental to zoning will be derived from a broader base, area -wise, thereby enlarging the opportunity for private investment. Section 1.040. 1. Terminolo . The work 'building" includes the word "structure." The term "building site" Ific-ludes the word "lot" and the word "plot". The word "used" also includes "designated, intended or arranged to be used The word "erected' also includes "constructed", "reconstructed altered placed or 'moved". The term "land use" also includes 'building use" and "use of building". The term "Comprehensive Plan" shall mean the Redmond Urban Area Comprehensive Plan. The word "City►', 'shall mean the City of Redmond, Oregon. The word "County" shall mean the County of Deschutes, Oregon. The word "Board!' shall mean the Board of County Commissioners of the County of Deschutes. The words "Planning Commission" and "ConuLission" shall mean. the County Planning Commission of the County of Deschutes duly appointed by the Board of County Commissioners. The words "Planning Director" 'County Engineer" , ►'County Clerk" , "County Sanitarian►' , ' ►County Surveyor", "Hearings Officer", "Tax Collector", and "Assessor",shall mean. the Planning Director, County Engineer, County Clerk, County Sanitarian, County Surveyor, Hearings Officer, 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 sinijaar i iclude thep'lural"and words used in, the plural include the singular; the word "shall" is mandatory; the word 'W' is permissive; the masculine shall include the faidnine and the neuter. Section 1.050. DEFINITIONS. As used in this ordinance, the following words and phrases shall mean: Abut: Contiguous to; for example, two lots with a common property line. ut does not apply to buildings, uses, or properties separated by public right-of-way, rivers, or canals. Access: The right to cross between public and private property allowing urians and vehicles to enter and leave property. Access Core Area: The boundaries of this area shall be as follows: the northernoumdary shall be Quince Avenue; western shall be the dry canyon; southern shall be Highland Avenue and eastern shall be the Burlington Northern Railroad line. -2- NOL 35 PAGE 755 ` Accessory Use or Structure: A use or structure incidental and subordinate to the main use of residential property and located on the same lot as the main use accessory uses include a pergola greenhouse, hot house, swimming pool, enclosed patio, wood shed, and quarters for domestic animals maintained as part of the residence. A home occupation is also an accessory use. Affected Persons: Includes those owners of record of real property located within a minimum distance of 300 feet., exclusive of public street and other right-of-ways, from the property subject to a permit required by this ordinance. Airport elevation: The highest point on the useable landing area, which elevation is datum to establish the elevation of the horizontal surface. Airport hazard: Any structure, tree or use of land which obstructs the air space required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport. Airport reference point (A.R.P.): A point established as the approximate geographic center of the airport landing area and so designated. Alley: A street 20 feet in width which affords only a secondary means of access to property. Alter: A change, addition, or modification in construction or occupancy of a building or a structure. Apartment: A building or portion thereof, designated for. occupancy by three or more families living independently of each other. Automobile Service Station: A retail place of business engaged primarily in the sale of motor fuels, but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist needs. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacemep_t items; washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products. Major automotive repairs, painting and body and fender work, are excluded except where such uses are otherwise permitted. Automobile and Trailer Sales Area: An open area other than street, used for the display, sale or rental of new or used automobiles or trailers and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold, or rented on the premises. Automobile Wrecking Yard: A premises used for the storage or sale of used automobile or truck parts or for the storage, dismantling, or abandonment of junk, obsolete automobiles, trailers, trucks, machinery, or parts thereof. -3- VOL 35 PAG -t 756 Basement: A story partly underground. A basement shall be counted a story in building height measurement when the floor level directly above is more than six feet above the average level of the adjoining ground. Boarding House: A building or portion thereof, other than a hotel, where meals or lodging or both are provided for compensation for more than four persons, but not to exceed twenty persons. Building: A structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. Building, comamit : A building for civic, social, educational, cultural and recreational activities of a neighborhood or community group or association and not operated primarily for gain. Building, existin : Any building upon which construction was lawfully begun, prior to the effective date of.this ordinance or the effective date of amendments to this ordinance may be completed, and thereafter shall be considered an existing building. Building height: The vertical distance measured between the average level of the finished ground surface adjacent to the building and the uppermost point of the building excluding only those features which may exceed the district height limits. (see figure 1) Building, main: A building in which is conducted a principal or main use of building site on which it is situated.. Building site: A parcel of land occupied or to be occupied by a principal use and accessory uses and/or a building or group of buildings, which parcel complies with all the requirements of this ordinance relating to building sites. Building site, average width: That figure obtained by dividing the total area of the parcel of land by the maximum depth of such parcel measured in the general direction of side lines. Carrying Capacity: Level of use which can be accomodated and continued without irreve--rsi.ble impairment of natural resources productivity, the ecosystem and the quality of air, land and water resources. Ye Land used or intended to be used for the burial of the . a an dedicated for cemetery purposes. Clinic, Medical -Dental: Single or multiple offices for physicians, surgeons, dentists, chiropractors and osteopaths. Clinic, Animal: A business establishment in which veterinary services are rendered domestic pets and stock on an outpatient basis. Commercial Amusement Establishment: Any place where entertainment or amusement is provided, where Te -public on a commercial basis may observe or join in the activities. M VOL 35 PACE 757 =x1 Commercial Residential Use: A building, portion of a building, or group of buildings designed or used for human occupancy lodging for which a fee is charged, such -as hotel,.motel, 1 tourist camp, or labor camp, but excluding quarters intended for permanent or semi-permanent occupancy such as a duplex. or apar.tment. A mobile home park is not included in this definition. Conforming: In compliance with the regulations of the applicable zone designation. Condominiums: A type of residential development utilizing zero- lot lines, individual ownership of units and common ownership of open spaces and other facilities, and which are regulated, in part, by State Law (ORS 91.010 and 91.657). Condominiums shall be reviewed in the same manner as either a duplex, multi- family dwelling, multi -family complex or as a Planned Unit Development. Provided, however, any development involving four acres or more shall be reviewed as a Planned Unit Development. Contiguous Land: Parcels of land under the same ownership which abut, irrespective or roadways, easements, or other rights-of-way. Cross Section: A profile of the ground surface perpendicular to the center line of a street, stream, or valley bottom. Drive-in: An establishment dispensing food and/or drink and catering to customers who remain, or leave and return to their automobile for consumption of said food or drink on the premises; further including any business designed for serving customers at a drive -up window or while they are in their car. Dwelling: A building or part thereof designed for and/or used for residential occupancy and containing one or more dwelling units. Dwelling, Single Family: A detached building containing one dwelling unit and designed for occupancy by one family only, excluding a mobile home. Dwelling, Duplex or Two Family: A detached building containing two dwelling units. Dwelling, Multi -Family: A building ora group of buildings on a single lot containing three or four dwelling units. Dwelling, Multi -Family Complex: A building or group of buildings involving five or more dwelling units. Dwelling, Seasonal: A dwelling unit, including a mobile home, travel trailer, or camping vehicle, designed for and used as a temporary dwelling by one family for recreational or seasonal purposes only. Dwelling Unit: Means one or more rooms constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease, and physically separated from any other room or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. -5- NOL 35 PAGE 758 Easement: A grant of the right to use a parcel of land or portion thereof for specific purposes where ownership of the land or portion thereof is not transferred. 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. Farm Use: The employmenf of land including that portion of such lands under buildings supporting accepted farming practices for the purpose of obtaining a profit in money by raising, harvesting and selling crops or by the feeding, breeding, management and sale of, or the product of, livestock, poultry, fur -bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. "Farm Ilse" includes the preparation and storage of the products raised on such land for man's use and animal use and disposal by marketing or otherwise. It does not include the use of land subject to the provisions of ORS Chapter 321, except land used exclusively for growing cultured Christmas trees, or to the construction and use of dwellings customarily provided. in conjunction with the farm use. As used in this definition and this ordinance; "accepted farming practice: means a mode of operation that is common to farms of a similar nature, necessary for the operation of such farms to obtain a profit in money, and customarily. utilized in conjunction with farm use. Floor Area: The stmt of the gross horizontal areas of the floors of a building, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but not including: a. attic space providing headroom of less than seven feet b. basement, if the floor above is less than six feet above grade c. uncovered steps or fire escapes d. private garages, carports, or porches e. accessory water towers or conning towers f. accessory off-street parking or loading spaces Frontage: All property fronting on one side of a street and measured along the street line, between intersecting streets or between a street and a right-of-way, water -way, end of a dead-end of city boundary. Garage, Private Parking: A structure having one or more tiers of height, used for the parking of automobiles for the tenants, employees, or owners of the property for which the parking spaces contained in or on said garage are required by this ordinance and are not open for use by the general public. M r VOL 35 PAGE 759 Garage, Public Parking: A publicly or privately owned structure having one or more tiers of heights used for the parking of automobiles and open garages may include parking spaces for customers, patrons, or clients provided said parking spaces are clearly identified as free parking spaces for the building or use which is required to provide said space. Garage, Repair: A building used.for the care and repair of motor, vehicles, including major and minor work such, as body and fender work or engine and transmission overhaul, and incidental storage or parking of vehicles. Grade (round level): The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, alley, or other public way, the above -ground level should be measured at the elevation of the sidewalk, alley or public way. (see figuue 1). Group Care Home: Any private or public institution maintained and operate_ or the care, boarding, housing, or training of four or more physically, mentally or socially handicapped or delinquent elderly or dependent persons by any person who is not the parent or guardian of, and who is not related by blood, marriage, or legal adoption to such persons. An example would be a nursing home. Guest House: A detached building used as sleeping quarters for guests of the occupants of the r. -lain dwelling on a noncommercial basis and having no cooking facilities. Habitable Floor: Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof. A floor used only for -storage purposes in not a "habitable floor." Height of Buildings: The vertical distance from the grade to the ighest point o the coping of a flat roof, to the deck line of a mansard roof, or the center height between the highest and lowest points on other types of roofs. Historic Area: Lands with sites, structures and objects that have local, regional, statewide, or national historical significance. Home Occupation: Any lawful occupant carried. on by a resident of a dwelling as an accessory use within the same dwelling, or in an accessory building on the same or adjacent property, with limited .retail sales or sales accessory to.service. Hospitals: Institutions devoted primarily to the rendering of healing, curing, and/or nursing care, which maintain and operate facilities for the Oiagnosis, treatment, and care of two or more non -related individual humans suffering from illness, injury, or deformity, or where obstetrical or other healing, curing and/or nursing care is rendered over a period exceeding 24 hours. -7- VOL 35 PAGE `�60 y FIospital, Animal: A building together with aninal runs, in which veterinary services, clipping, bathing, boarding, and other services are rendered to animals and domestic pets. Hotel (119otel): A building or group of buildings used for transient residential purposes, containing three or more rental units which are designed to be used, or which are used, rented or hired out for sleeping purposes. Indoor Recreational Area: A room or rooms within an enclosed building which is designated and used for recreationalpurposes by the public and/or occupants of a residential development. Activities provided for within an indoor recreational area may include, but are not limited to the following: indoor swimming pools, sauna, gymnasiums, exercising rooms, dance floors, tennis or handball courts, and games such as pool, ping pong, shuffleboard, etc. Instrument Runway: A runway equipped or to be equipped with a precision electronic navigation aid or landing aid or other air navigation facilities suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions. Instrument runways are classed as precision and nonprecision instrument runways. Junk: As used in this ordinance the term junk shall include storing in yards and open areas for unreasonable periods inoperable or abandoned motor vehicles or parts thereof, inoperable or abandoned machinery or parts thereof, inoperable or abandoned appliances or parts thereof, broken or discarded furniture and household equipment, waste or discarded materials and other similar objects. J ard: Primary or accessory useofmore than 200 square feet land or the storage, dismantling or selling of castoff or salvage material of any sort in other than the original form in which it was manufactured and/or assembled and not including reconditioned second- hand furniture or fixtures sold from within a walled building. 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. Landing Area: The area of the airport used for the landing, taking off or taxiing of aircraft. Landscape or Lan_dsca ing: To improve by landscape architecture or gardening. Livestock: Domestic animals of types customarily raised or kept on arms— o profit or other purposes. Livestock Feeding Yard (feedlot): An enclosure designed or used for the purpose ot the concentrated feeding or fattening of livestock for marketing. -8- VOL 35 PAGE 761 ' Livestock Sales Yard: An enclosure or structure designed.or used or holding livestock for purposes of sale or transfer by auction, consignment or other means. Loading -Space: An off-street space within a building or on the same lot with a Tuilding, ' for the temporary parking of a commercial vehicle or truck while loading or unloading merchandise or materials and which space has direct access a street or alley. Lot: A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required; such lot shall have frontage on a public street, or easement approved by the Planning Commission or Board of Carmissioners. A lot may be: 1. A single lot of record; 2. A combination of complete lots of record, or complete lots of record and portions of lots of record; 3. A parcel of land described by metes and bounds; provided that in case of division there shall have been approval given to said division by the Commission under the conditions set forth in the Subdivision Ordinance. Lot Area: The total horizontal area within the lot lines of a lot, exclusive of streets and easements of access to other property. Lot Coverage: The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent -to a street other than an alley shall be considered frontage, and yards shall be provided as indicated under Yards in this section. Lot Line: The property line bounding a lot. Lot of Record.: Any unit of land created as follows: 1. A lot in an existing, duly recorded subdivision; 2. A parcel in an existing, duly recorded major or minor land partition; or, 3. An existing unit of land for which a survey has been duly filed which conformed to all applicable regulations at the time of filing; or, 4. Any unit of land created by deed description or metes and bounds provided, however, contiguous units of land created by deed description or metes and bounds under the same ownership and not conforming to the minimum parcel size of ordinance shall be considered one (1) lot of record. Lot, Corner: A lot abutting on two or more streets other than an alley, at their intersection. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet an an interior angle of less than 135 degrees. Lot, Interior: A lot other than a corner lot with only one frontage on a street. M . ' l VOL 35 PAGE ?62 Lot Line, Front: The lot line or lines common to the lot and a street other than an alley, and in the case of a corner lot, the shortest lot z line along a street other than an alley. Lot Line, Rear: The lot line or lines opposite and most distant from the front lot line. In the case of an irregular, triangular or other shaped lot, a line ten (10) feet in length within the lot.parallel to and at a maximum distance from the front lot line. Lot Line, Side: Any lot line or lines not a front or rear lot line. An interior side lot line is a lot line common to more than one lot or to the lot and an alley; an exterior side lot line is a lot line common to the lot and a street other than an alley. Lot Measurements: 1. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. 2. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot linesattheir foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width, except in the case of lots on the turning circle of cul-de-sac, where the 80 percent requirement shall not apply. Mobile Home: A portable unit designed and built to be towed on its own chassis, comprised of frame and wheels, dependent on external utility connections, and designed without permanent foundation for year-round residential use. A unit may contain parts that fold, collapse or telescope for towing and be expanded later to provide additional cubic components designed to be joined into one integral unit capable of being again separated into the components for repeated towing. For purposes of this definition, it shall be immaterial: whether said unit or component is placed upon property fora temporary, semi-permanent or permanent residence; or that the wheels are removed. and the unit or component is supported upon posts, footing or a foundation. This definition does not include travel trailers, motorized homes and campers, pick-up coaches, and camping trailers. Mobile Home Park: Any place where two or more mobile homes are parked within 500--le—et 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 for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person. Mobile Home Subdivision: A subdivision intended to be occupied exclusively by mo ile homes. Modular Homes: See prefabricated house. -10- . ;� VOL 35 FADE 163 New Construction: Any structure for which the "start of construction" ' commenced on or after the effective date of this ordinance. Nonconforming Structure or Use: A lawful existing structure or use at the time this ordinance or any amendment thereof becomes effective, which does not conform to the requirements of the zone in which it is located. Nursery, Day: An institution, establishment or place in which are commonly received at one time three or more children not of common parentage under the age of 14 years for a period or periods not exceeding 12 hours for the purpose of being given board, care and training apart from parents or guardians for compensation or reward. Nursing Home: Any home, institution or other structure maintained or operating for the nursing and care of four or more ill or infirm adults not requiring hospital care or hospital facilities. Open Space: Consists of lands used for agricultural or other open space uses, and any land area that would, if preserved and continued. in its present use: conserve and enhance natural or scenic resources; protect air or streams or water supply; conserve landscaped areas, such as public or private golf courses, that reduce pollution and enhance the value of abutting or neighboring property; enhance the value to the public of abutting or neighboring parks or other open space; enhance recreation opportunities, preserve historic, eological and archeological opportunities, preserve historic, geological and archeological site; promote orderly urban development; and minimize land -use conflicts. Owner: The owner of the title to real property or the authorized agent Thereof, or the contract purchaser of real property, of record as shown. on the last available complete tax assessment roll or county recorder's records. Parcel: A unit of land that is created by a partitioning of land.. Parking Area, Public: Privately or publicly owned property other than streets or alleys on which parking spaces are defined, designed or otherwise identified for use by the general public, either free or for renumeration. Public parking areas may include parking lots. which may be required by this ordinance for retail customers, patrons, and clients. Parking Area Private: Privately or publicly owned property, other than streets and alleys, on which parking spaces are defined, designated or otherwise identified for use by the tenants, employees or owners of the property for which the parking area is required by this ordinance and not open space for use by the general public. Parking Space. A clear, off-street area for the temporary parking or storage— of one automobile, having all-weather surface of an average width not less than eight and one-half feet and an average length of not less than 18 feet and be not less than eight and one-half in height when within a building or structure; such parking space shall have easy access to a street or alley be a driveway having all-weather surface. -11- kVOL 35 PAGE 764 Person: Every natural person, firm, partnership, association, social or raternal organization, corporation, trust, estate, receiver, syndicate, branch of government, or any group or combination acting as a unit. Planned - Unit Development: The development of an area of land as a single entity for a number of dwelling units or a number of uses, according to a plan which does not correspond in lot size, bulk or type of duelling . density, lot coverage or required open space to the regulations otherwise required by this ordinance. Prefabricated House: A sectional or factory built house to which wheels may or may not be attached for the purpose of moving it to a home site where it is affixed to the real property on a permanent foundation. Primary Surface (runway): A surface longitudinally centered on a runway. V,hen the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned. hard surface, the primary surface ends at each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of a primary surface is: a. 250 feet for utility runways having only visual approaches b. 500 feet for utility runways having non -precision instrument approaches c. for other than utility runways the width is: (i) 500 feet for visual runways having only visual approaches (ii) 500 feet for non -precision instrument runways having visibility minimums greater than three-fourths of a statute mile (iii) 1,060 feet for a non -precision instrument runway having a non -precision instrument approach with visibility minimums as low as three-fourths of a statute mile and for precision instrument runways Primary Use: The first use to which property is or may be devoted, and to which all other uses on the premises are derived as accessory, or secondary uses. As used relative to dwelling units, the primary dwelling would be the first dwelling unit to be located on specific parcel or lot. Principal Use: The primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory. Public Use: A structure or -use intended or used for a public purpose y a city-, a school district, the county, the state or by any other public agency, not including a public utility facility. -12 VOL 35 FACE fi5 Recreation CaMPs or Resorts: An area devoted to facilities and equipment or recreational purposes, including swimming pools, tennis courts, playgrounds, and other similar uses, whether the use of such area is limited to private membership or whether open to the public upon payment of a fee. Residential Use: A structure or use for occupancy as a human dwelling or lodging place such as a single family, two family, and multi -family dwellings, duplexes, apartments, boarding, lodging or rooming houses, mobile homes and mobile home parks, and labor camps. Retirement Center: A building or group of buildings, containing separate dwelling units designed for and occupied principally (at _ least one occupant of each dwelling unit) by persons over the age of 60 years; excluding convalescent and nursing care as a ftmction of the center. Right-of-ny: The area between the boundary lines of a street, road or other easement. Road or Street: A public or private way that is created to provide access for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide access to such land in conjunction with the use of such land for forestry, mining or agricultural purposes. All A narrow street through a block primarily for. vehicular service access to the back or side of properties abutting on another street. Arterial: A street of considerable continuity which is primarily a traffic artery for inter-cormunication among large areas, and so designated by the city's comprehensive plan or by the commission. Bicycle Route: A right-of-way for bicycle traffic. Collector: A street supplementary to the arterial street system and. a means of inter -communication between this system and small areas; used to some extent for through traffic and to some extent for access to abutting properties, and so designated by the urban _area's coTvrehensive_plan or by the commission. Cul-de-sac: (dead end street) A short having one end open to traffic and being terminated by a vehicle turn -a -round. Half Street: A portion of the width of a street usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision. Marginal Access Street: A minor street parallel and adjacent to a major arterial street providing access to abutting properties, but protected from through traffic. -13- r VOL 35 PAGE 766 Local Street: A street intended primarily for access to abutting properties. Stubbed Street: A street having only one outlet for vehicular traffic and which is intended to be extended or continued to serve future subdivisions or developments on adjacent lands. Roadway: That portion of a street or road right-of-way developed for vehicular traffic. Runway: The paved surface of an airport landing strip. School: A place for teaching, demonstration or learning. However, unless otherwise qualified, the word "school" means a place for primarily academic instruction equivalent to what is commonly known kindergarten, grade school, junior high school, high school, college, or a combination of them. Semi -Public Use: A structure or use intended or used for a semi-public purpose by a church, lodge, club or any other nonprofit organization. Service Station: Any lot used in the normal course of business primarily for the retail sale of motor vehicle fuel and lubricants for delivery on the premises. Sign: Means 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. Fach display surface of a sign shall be considered a sign. Sign Area: The total area of the smallest rectangle that will contain the entire sign or sign structure. Sign Structure: Any structure located outdoors primarily as a support or a surface or sign display. Stable, Private: A detached accessory building for the keeping of horses owned by the occupants of the premises and which are not kept for renumeration or profit. Stable, Public: A stable other than a private stable. Start of Construction: Means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forrrs; nor does it include the installations on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home -14- rVOI 35 PAGE 167 subdivision, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed. (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. Std: That portion of a building included between the tipper surface of any floor and the upper surface of the floor next above it, except the top story shall be that portion of a building included between the upper surface"of the top -most floor and ceiling or roof above. Story, Half: A story under a gable, hip or gambrel roof, the wall plats of which on at least two opposite exterior walls are not more than two feet above the floor of such story. Street: The entire width between the right-of-way lines of every pudic way for vehicular and pedestrian traffic and includes the terms "road", "highway", "land" I "place", "avenue", "alley'_' or other similar designation. Street Frontage: That portion of a building site that has a common line with a street right-of-way line, and said street frontage is designated as the front property line. Structure: Any combination of materials forming any construction the use of which requires location on the ground or attachment to something having location on the ground. The word "structure" shall be construed as though followed by the words "or part thereof." Structural Alteration: Any change to the supporting members of a structure including foundation, bearing walls or partitions, columns, beams, girders, or any structural change in the roof or in the exterior walls. Subdivision and Subdivided Lands: Improved or unimproved land or lands ivided, or created into interest or sold under an agreement to be subsequently divided or created in interests, for the purpose of sale or lease, whether immediate or future, into 11 or more undivided interests or four or more other interest. "Interest" as referred to herein includes a lot, parcel, or unit, a share, undivided interest or membership which includes the right to occupy the land overnight, and leasee's interest in land for more three.yea.rs or less than three years if the interest maybe renewed under the terms of the lease for a total period more than three years. "Subdivide land" does not include the sale of a lot in a recorded subdivision or an approved partitiion even though the seller of the lot may have owned other contiguous lots or property prior to the sale; said lot however must -be sold as platted and recorded.. Trailer: Any portable unit designed and built to be towed on its oim chassis, comprised of frame and wheels, and which does not fall within the definitions of Vacation Trailer, Mobile Home or Prefabricated House. This definition includes boat trailers, bunk trailers, portable schoolrooms, and industrial, commercial or public offices and accessory uses. -1.5- . , a VOL 35 PACE 768 Trailer, Park: A plot of ground upon which two or more travel trailers occupied for dwelling or sleeping purposes is located, regardless of whether a charge is made for such accomodations. Trailer, Travel: See Vacation Trailer. Trailer, Vacation: A portable unit designed and built to be towed on its own chassis, comprised of frame and wheels having sleeping, cooking and plumbing facilities independent of external utility connections, and intended for use principally as a temporary recreational or vacation residence. Travelers' Accomodations: Any establishment having rooms or apartments rented or kept for rent on a daily or weekly basis to travelers or transients for a charge or fee paid or to be paid for rental or use of facilities. Use: The purpose to which land and/or any structure or improvement thereon is or may be put. The word "use" is synonymous with the terms "land use" and "use of land" unless the context clearly indicates otherwise. Utility Facility: Any major structure owned or operated by a public, private or cooperative electric, fuel, communication, sewage or water company for the generation, transmission, distribution or processing its products or for the disposal of cooling water, waste or by-products, and including power transmission lines, major trunk pipelines, power substations, dams, water towers, sewage lagoons, sanitary landfills and similar facilities, but excluding sewer, water, gas, telephone and power local distribution lines and similar minor facilities allowed in any zone. Utility Runway: A runway that is constructed for and intended to be used by propellor -driven aircraft of 12,500 pounds maximum gross weight or less. Vision Clearance Area: A triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot adjoining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no. platting, walls structures, or temporary or permanent obstructions exceeding two and one-half feet in height measured from the grade of the street center line. (see figure 5). Visual Runway: A runway intended solely for the operation of aircraft using visual approach procedures, with no straight -in instrument approach procedure and no instrument designation indicated on an FAA -approved airport layout plan, or by any planning document submitted to the FAA.by competent authority. -16- Section 1.060 COMPLIANCE WITH ORDINANCE PROVISIONS 1. A lot may be used and a structure or part of a structure may be constructed, reconstructed, altered, occupied, or used only as this ordinance permits. 2. No dimensional requirement of this ordinance shall be violated after its terms become effective unless specifically provided for herein. 3. No lot area, yard or other open space which is required by this ordinance for one use shall be used as the required lot area, yard or open space for another use. Section 1.070. ZONING PERMIT. Prior to the construction, alterati or change of use of any structure or lot for which a zoning permit but not a buildng permit, is required, a zoning permit for such construction, reconstruction, alteration, or change of use of any structure or lot shall.be obtained from the Planning Department. Section 1.080. ABROGATION AND GREATER RESTRICTIONS. It is not intended by this ordinance to repeal, abrograte, or impair any existing easements, covenants, or deed restrictions. Section 1.090. INTERPRETATION. Where the conditions imposed by any provision of this ordinance are less restrictive than comparable conditions imposed by any other provisions of this ordinance or by any other ordinance, resolution, or regulation, the provisions which are more restrictive shall govern. Section 1.100 REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES, The repeal of any ordinance by this ordinance shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such ordinance, unless a provision of this ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosectuion for the enforcement of such penalty, forfeiture, or liability, and for the purpose of authorizing the accusation, prosection, conviction, and punishment of a person or persons who violated the repealed ordinance or part thereof prior to the effective date of this ordinance. -17 rv0L 35 PAGE?69 Yard: An open space on a lot which is unobstructed from the ground upward except as -otherwise provided in this ordinance. (see figure 6) 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. (see figure 6) Yard, rear: A yard between side lot lines, and measured boriaontally at right angles to the rear lot line from the rear lot line to the nearest point of a building.. (see figure 6) Yard, side: A yard between side lot lines and measured horizontally at right angles.from the side lot line to the nearest point of a building. (see figure 6) Section 1.060 COMPLIANCE WITH ORDINANCE PROVISIONS 1. A lot may be used and a structure or part of a structure may be constructed, reconstructed, altered, occupied, or used only as this ordinance permits. 2. No dimensional requirement of this ordinance shall be violated after its terms become effective unless specifically provided for herein. 3. No lot area, yard or other open space which is required by this ordinance for one use shall be used as the required lot area, yard or open space for another use. Section 1.070. ZONING PERMIT. Prior to the construction, alterati or change of use of any structure or lot for which a zoning permit but not a buildng permit, is required, a zoning permit for such construction, reconstruction, alteration, or change of use of any structure or lot shall.be obtained from the Planning Department. Section 1.080. ABROGATION AND GREATER RESTRICTIONS. It is not intended by this ordinance to repeal, abrograte, or impair any existing easements, covenants, or deed restrictions. Section 1.090. INTERPRETATION. Where the conditions imposed by any provision of this ordinance are less restrictive than comparable conditions imposed by any other provisions of this ordinance or by any other ordinance, resolution, or regulation, the provisions which are more restrictive shall govern. Section 1.100 REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES, The repeal of any ordinance by this ordinance shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such ordinance, unless a provision of this ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosectuion for the enforcement of such penalty, forfeiture, or liability, and for the purpose of authorizing the accusation, prosection, conviction, and punishment of a person or persons who violated the repealed ordinance or part thereof prior to the effective date of this ordinance. -17 VOL 35 FALL 770 Section 1.110. EXISTING AGREEMENT.AND ZONING PERMITS. This does not repeal, abrograte, or impair any existing easements, covenants, deed restrictions, or zoning permits such as preliminary plat and partition approvals, conditional use permits, non -conforming use permits, temporary use permits, special exceptions, or building. permits. Section 1.120. SITE PLAN REVIEW. 1. No building, grading, parking, land use, sign or other required permit shall be issued for a use for which a site plan is required by City Ordinance 502 and all amendments thereto until such time those requirements are met. 2. Non-compliance with a final approved site plan pursuant hereto shall be a zoning ordinance violation. Section 1.130. AUTHORIZATION OF SIMILAR USES. The Planning Commission may rule that a use not specifically listed in the allowed uses of a zone shall be included among the allowed uses. However, this section does not authorize the inclusion in a zone of a use which. is of the same general type and similar to a use specifically listed in another zone. r VOL ARTICLE II. ESTABLISHMENT OF ZONES AND DISTRICTS 35 PAGE 771 Section 2.010. ESTABLISHMENT OF ZONES AND DISTRICTS. For the purpose of this ordinance, the following zones are hereby established: Section 2.020. LOCATION OF ZONES. The boundaries of the zones listed in this ordinance shall be as indicated on the Redmond Urban Area ZNlap of 1980 which is hereby adopted by reference. The boundaries shall be modified .in _ accordance with zoning map amendments pursuant to this section and shall be adopted by reference. Section 2.030. ZONING MAPS. A Zoning Map or Zonimg Map Amendment adopted by Section 2.020 of this ordinance or by an amendment to said section shall be prepared by authority of the Planning Commission or be a modification by the Board of CMMMssioners of_ a map ormap amendment so prepared. The map or map amendment shall --be dated with the effective date of the- ordnance that adopts the map or map amendment. A certified print of the adopted map or map amendment shall be maintained in the office of the County Clerk, and the office of the Planning _Department as long as this ordinance remains in of-Eect Section 2.040. ZONE BOUNDARIES. Unless otherwise specified, Zone Boundaries are section lines, subdivision lines, lot lines, center lines of streets, alleys, canal or railroad rights-of-way, water courses, ridges or rimrocks, other readily recognizable or identifiable natural features, or such lines extended. Whenever any uncertainty exists as to the boundary of a zone as shown on the Zoning Map or amendment thereto, the following regulations shall control: 1. Where a boundary line is indicated as following a street, alley, canal or railroad right-of-way, it shall be construed as following the center line of such right-of-way. 2.. Where a boundary line follows or approximately coincides with a section, lot or property ownership line, it shall be construed as following such line. -19- Abbreviated Section Zones and Districts Designation 3.010 Limited Residential Zone R-1 3.020 Limited Residential Zone R-2 3.030 Limited Residential Zone R-3 3.040 General Residential Zone R-4 3.04S High Density Residential Zone R-5 3.050 Strip -Service Commercial Zone C-1 3.060 Central Business District Commercial Zone C-2 3.070 Special Service Commerical Zone C-3 3.080 Limited Service Commercial Zone C-4 3.090 Tourist Commerical Zone C -S 3.110 Light Industrial Zone M-1 3.120 Heavy Industrial Zone M-2 3.130 Park Reserve -Open Space Zone P -R 3.140 Airport Control Zone A -C 3.145 Neighborhood Commercial District C -N 3.150 Planned Unit Development District P.U.D. Section 2.020. LOCATION OF ZONES. The boundaries of the zones listed in this ordinance shall be as indicated on the Redmond Urban Area ZNlap of 1980 which is hereby adopted by reference. The boundaries shall be modified .in _ accordance with zoning map amendments pursuant to this section and shall be adopted by reference. Section 2.030. ZONING MAPS. A Zoning Map or Zonimg Map Amendment adopted by Section 2.020 of this ordinance or by an amendment to said section shall be prepared by authority of the Planning Commission or be a modification by the Board of CMMMssioners of_ a map ormap amendment so prepared. The map or map amendment shall --be dated with the effective date of the- ordnance that adopts the map or map amendment. A certified print of the adopted map or map amendment shall be maintained in the office of the County Clerk, and the office of the Planning _Department as long as this ordinance remains in of-Eect Section 2.040. ZONE BOUNDARIES. Unless otherwise specified, Zone Boundaries are section lines, subdivision lines, lot lines, center lines of streets, alleys, canal or railroad rights-of-way, water courses, ridges or rimrocks, other readily recognizable or identifiable natural features, or such lines extended. Whenever any uncertainty exists as to the boundary of a zone as shown on the Zoning Map or amendment thereto, the following regulations shall control: 1. Where a boundary line is indicated as following a street, alley, canal or railroad right-of-way, it shall be construed as following the center line of such right-of-way. 2.. Where a boundary line follows or approximately coincides with a section, lot or property ownership line, it shall be construed as following such line. -19- VOl 35 PAcE 772 3. It a zone boundary as shown on the Zoning Map divides a lot between two zones, the entire lot shall be deemed to be in the zone in which the greater area of the lot lies, pro- vided that this adjustment involves a distance not to exceed 100 feet from the mapped zone boundary. In cases where such adjustment would require exceeding 100 feet the decision of zoning in compliance with the Comprehensive Plan shall be determined by the Commission. 4. Where a public street, alley, canal, or railroad right-of-way is officially vacated, the zoning regulations applicable to abutting property on each side of the center line of such right-of-way is officially vacated, the zoning regulations applicable to abutting property on each side of the center line of such right-of-way shall apply up to the center line of such right-of-way on each respective side thereof. If the right-of-way is vacated in total to one property owner, the zoning of that abutting property shall apply to the total vacated property. Section 2.OSO. ZONING OF ANNEXED AREAS. An area annexed to the city shall, upon annexation, assume the zoning class- -cation in compliance with the Comprehensive Plan, as determined by the county. -20- P*VOL 35 PAGE 773 ARTICLE III. USE ZONES Section 3.010. LIMITED RESIDENTIAL R-1 ZONE. In an R-1 zone the following regulations shall apply: 1. Purpose. The purpose of the R-1 zone is: a. to encourage, promote and protect the character of neighborhood residential areas having a suitable environment for urban and suburban family life. b. intended for application only to those areas having facilities available to support the expected density and to carry out the above stated purpose. 2. Uses Permitted Outright. In an R-1 zone, the following uses are permitted outright: a. single family dwelling, excluding mobile homes b. accessory uses and structures subject to Article IV c. guest homes d. farming subject to restrictions on livestock 3. Conditional Uses Permitted. In an R-1 zone, the following uses and their accessory uses are permitted whenauthorized in accordance with the provisions of Article VII. a. public or semi-public uses b. two family dwellings on corner lots, providing the parcel is 10,000 square feet in area c. utility facility d. schools e. planned unit development district as set forth in Section 3.150 f. neighborhood commercial as set forth in Section 3.145 4. Accessory Uses. In an R-1 zone, there shall be the following limitations on accessory uses: a. There shall not be more than one private garage for each dwelling unit, and the garage shall not exceed 950 square feet in floor area. S. Lot Size. In an R-1 zone, the minimum lot size shall be as follows: a. Lot area shall be a minimum of 9,000 square feet. Such lots shall have a minimum average width of 60 feet and minimum depth of 100 feet. 6. Yards. Except as provided in Article VI, in an R-1 zone, the minimum yard requirements shall be as follows: a. A front yard shall be a minimum of 15 feet measured from the foundation of a building, structure or portion thereof used for dwelling purposes and 25 feet from foundation of a building, structure or portion thereof uses as a garage and the street right-of-way as adopted in the Redmond Comprehensive Plan. -21- VOL 35 PAGE ??4 b. A side yard shall be a minimum of five feet from the foundation to the property line, except that on corner lots the side yard on the street side shall be a minimum of 15 feet from the foundation to the property line. c. A rear yard shall be a minimum of 20 feet from the foundation to the property line. 7. Height of Buildings. In an R-1 zone, no building shall exceed a height of 30 feet. 8. Signs. Signs shall be placed in accordance with the provisions Si� Article IV. 9, 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 V. 10. Keeping of Livestock. The keeping of livestock in the R-1 zone shall be subject to the Tollowing limitations: a. Livestock may not be kept on lots having an area less than 20,000 square feet. b. One horse shall have fenced corral or pasture with a usable area of at least 10,000 square feet; two horses, at least 20,000 square feet; and each additional horse, at least 5,000 square feet. c. Cows, goats, and sheep shall have a fenced corral or pasture with a usable area of at least 10,000 square feet per adult animal (over six months of age). d. The number of chickens, fowls, and/or rabbits over the age of six months, shall not exceed one for each 500 square feet of property. The number of young chickens, fowl, and/ or rabbits (under the age of six months) allowed on the property at any time shall not exceed three times the allowable number of chickens, fowl, and/or rabbits over the age of six months. e. The number of colonies of bees allowed on a lot shall be limited to one colony for each 1,000 square feet of lot area. f. Animal runs or barns, chickens or fowl pens, and colonies of bees shall be located on the rear half of the property but not closer than 70 feet from the front property line nor closer than 50 feet from any residence. g. Animals, chickens, and/or fowl shall be properly caged or housed, and proper sanitation shall be maintained at all times. All animal or poultry food shall be stored in metal or other rodent -proof receptacles. h. No enclosure for horses, cows, goats, sheep or other livestock shall be located closer than 50 feet to a dwelling. i. Fences erected in connection with the keeping of livestock shall be kept in good repair and shall be at least four feet in height. -22- r VOL 35 PACE 775 • Section 3.020. LIMITED RESIDENTIAL - PLANNED R-2 ZONE. In an R-2 zone, Q the following regulations shall apply: 1. Purpose. The purpose of the R-2 zone is: a. Provide areas of planned development that recognize and enhance areas of scenic quality and view amenities. b. Provide areas for highly compatible types of residential development and high livability. 2. Uses Permitted Outright. In an R-2 zone, the following uses are permitted outright: a. single family dwelling excluding mobile homes b. two family dwellings providing the parcel is 10,000 square feet in area c. accessory uses and structures subject to Article IV d. guest houses e. farming subject to restrictions on livestock. 3. 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 VII: a. public or semi-public uses b. multi -family dwelling or complex c. condominium d. nursing home, convalescent or retirement home e. utility facility f. school g. planned unit development district h. neighborhood commercial district 4. Accessory Uses. In an R-2 zone, there shall be the following limita- tions on accessory uses: a. There shall not be more than one private garage for each dwelling unit, and the garage shall not exceed 950 square feet in floor area. S. Lot Size. In an R-2 zone, the minimum lot size shall be as follows: a. For a single family dwelling the minimum lot area shall be 9,000 square feet. b. For a two family dwelling, the lot area shall be a minimum of 10,000 square feet. c. For a multi -family dwelling the lot area shall be a minimum of 10,000 square feet plus 1,250 square feet for each dwelling unit over two. d. For a multi -family complex the lot area shall have a minimum area of 7,500 square feet for the first unit, plus, for each additional unit the minimum square footages are based upon the number of bedrooms per dwelling unit in the following table: -23- Studio or Efficiency 1 bedroom 2 bedrooms 3 bedrooms 4 bedrooms r VOL 35 PAGE 71 6 1000 square feet 1250 square feet 1800 square feet 2250 square feet 2500 square feet provided that the overall density shall not exceed one dwelling unit per 4,000 square feet of lot area. e. Each lot shall have a minimum street frontage of 50 feet except for lots fronting on a cul-de-sac turn around said frontage may be reduced to 40 feet. This frontage shall be measured at the front yard setback. 6. Yards. Except as provided in Article VI, in an R-2 zone, the minimum yard requirements shall be as follows: a. A front yard shall be a minimum of 15 feet from foundation buildings, structures or portions thereof used for dwelling purposes and 25 feet from foundation of buildings, structures or portions thereof uses as a garage and the street right-of-way as adopted in the Redmand Urban AreaComprehensive Plan.. b. A side yard shall be a minimum of five feet from_ the foundation to the property line, except that on corner lots the side yard on the street side shall be a minimum of 15 feet from the foundation to the property line. c. A rear yard shall be a minimum of 20 feet from the foundation to the property line. 7. Sites. Signs shall be provided in accordance with the provisions of Article IV. 8. 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 V. 9. Height of Buildings. In an R-2 zone, no building shall exceed a eight of 30 feet, except as limited by Section 4.070. 10. Keeping of Livestock. The keeping of livestock in the R-2 zone shall be subject to the same limitations as in the R-1 zone. -24- VOL 35 PAGE 777 Section 3.030. LIMITED RESIDENTIAL - PLANNED R-3 ZONE. In an R-3 zone, the following regulations shall apply: I. Pu ose. The intent of the R-3 zone is to recognize the existing residential character of the area and provide compatible types of new residential development. In the undeveloped areas it is the intent of the R-3 zone to provide some flexibility in housing types where community services are or will be available. 2. Uses Permitted Outright. In an R-3 zone, the following uses are permitted outright: a. single family dwelling excluding mobile homes b. two family dwellings providing the parcel is 10,000 square feet in area c. accessory uses and structures subject to Article IV d. guest houses e. farming subject to restrictions on livestock 3. Conditional Uses Permitted. In an R-3 zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Article VII: a. public or semi-public uses b. multi -family dwelling or complex c. condominium d. nursing home, convalescent or retirement home e. utility facility f. planned unit development district g. neighborhood commercial district 4. Accessory Uses. In an R-3 zone, there shall be the following .limitations on accessory uses: a.. There shall not be more than one private garage for each dwelling unit, and the garage shall not exceed 950 square feet in floor area. 5. Lot Size. In an R-3 zone, the minimum lot size shall be as follows: a. For a single family dwelling the minimum lot area shall be 7,500 square feet. b. For a two family dwelling, the lot area shall be a minimum of 8,500 square feet. c. For a multi -family dwelling, the lot area shall be a minimum of 10,000 square feet plus 1,250 square feet for each dwelling unit over two. d. For a multi -family complex the lot area shall have a minimum area of 7,500 square feet for the first unit, plus, for each additional unit the minimum square footages are based upon the number of bedrooms per dwelling unit in the following:table: Studio or Efficiency 1000 square feet 1 bedroom 1250 square feet 2 bedrooms 1800 square feet 3 bedrooms .2250 square feet 4 bedrooms 2500 square feet -25- VOL 35 PACE 778 a r " provided that the overall density shall not exceed one dwelling j' unit per 4,000 square feet of lot area. e. Each lot shall have a minimum street frontage of 50 feet except for lots fronting on a cul-de-sac turn around said frontage may be reduced to 40 feet. This frontage shall be measured at the front yard setback. 6. Yards. Except as provided in Article VI,'in an R-3 zone, the minimum Ta—rd requirements shall be as follows: a. A front yard shall be a minimum of 15 feet from foundation buildings, structures or portions thereof used for dwelling purposes and 25 feet from foundation of buildings, structures. or portions thereof uses as a garage and the street right-of-way as adopted in the Redmond Urban Area Comprehensive Plan. b. A side yard shall be a minimum of five feet from the foundation to the property line, except that on corner lots the side yard on the street side shall be a minimum of 15 feet from the foundation to the property line. c. A rear yard shall be a minimum of 20 feet from the foundation to the property line. 7. Signs. Signs shall be provided in accordance with the provisions of Article IV. 8. Off -Street Parking and Loading. In an R-3 zone, off-street parking and loading shall be provided in accordance with the provisions of Article V. 9. Height of Buildings. In an R-3 zone, no building shall exceed a height of 30 feet, except as limited by Section 4.070. 10. Keepin& of Livestock. The keeping of livestock in the R-3 zone shall e subject to the same limitations as in the R-1 zone. -26- va 35 PAGE 719 Section 3.040. GENERAL RESIDENTIAL - PLANNED R-4 ZONE. In an R-4 zone, the following regulations shall apply: 1. Purpose. The intent of the R-4 zone is to recognize and enhance areas of scenic quality and view amenities. It is further the intent of the zone to allow some flexibility in housing types to provide view amenities to all income levels. 2. Uses Permitted Outright. (***) In an R-4 zone, the following uses are permitted as Outright Uses: a. farming subject to restrictions on livestock b. single family dwelling c. two family dwelling d. mobile home but only on a lot in a duly platted and approved mobile home subdivision or PUD and subject to Section 4.060. e. accessory uses and structures subject to Article IV. 3. Conditional Uses Permitted. In an R-4 zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Article VII. a. multi -family dwelling or complex b. mobile home park c. public or semi-public use d. day nursery or kindergarten e. hospital, nursing home, convalescent or retirement home f. golf course g. utility facility h. mobile home not on a lot in a duly platted and approved mobile home subdivision or PUD subject to Section 4.070 i. .condominium j. schools k, planned unit development district 1. neighborhood commercial district 4. Accessory Uses. In an R-4 zone, there shall be the following limitations on accessory uses: a. There shall be no more than one private garage for each dwelling unit, and the garage shall not exceed 9S0 square feet in floor area. S. Lot Size. In an R-4 zone, the minimum lot size shall be as follows where th re is both a public water and sewer system provided: a. For a single family dwelling, the lot area shall be a minimum of 6,000 square feet. b. For a two family dwelling, the lot area shall be a minimum of 7,500 square feet. c. For a multi -family dwelling the lot area shall be a minimum of 7,500 square feet plus 1,250 square feet for each additional dwelling unit up to four units. d. For a multi -family dwelling complex, the lot area shall have a minimum area of 7,500 square feet for the first unit plus the minimum unit square footages based upon the number of bedrooms per dwelling unit in the following table. -27- . E i t' s _ Studio or Efficiency s' l bedroom 2 bedrooms 3 bedrooms 4 bedrooms r VOL 35 PACE 780 750 square feet 1000 square feet 1500 square feet 2250 square feet 2500 square feet provided that the overall density shall not exceed one dwelling unit per•3,000 square feet of lot area. e. Each lot shall have a minimum street frontage of SO feet except for lots fronting on a cul-de-sac turn upon which said frontage may be reduced to 40 feet. This frontage shall be measured at the front yard setback. 6. Yards. Except as provided in Article VI, in an R-4 zone, the minimum yard requirements shall be as follows: a. A front yard shall be a minimum of 15 feet from the foundation of a building, structure or portion thereof used for dwelling purposes and 2S feet from the foundation of a separate building, structure or portion thereof use as a garage or other non- residential use and street right-of-way as adopted on the _ Redmond pensive Plan. b. A side yard shall be a minimum -of five feet from the foundation to the property line, except that on corner lots the side yards the streets side shall be a minimum of. 1S feet. c. A rear yard shall be a minimum of 20 feet from the foundation to the property line. 7. Height of Buildings. In an R-4 zone, no building shall exceed a iTe-ight-OT 40 e et, except as limited by Section 4.070. 8. Signs. Signs shall be placed in accordance with the provisions of Article IV. 9. Off -Street Parking and Loading. In an R-4 zone, off-street parking and loading shall be provided in accordance with the provisions of Article V. 10. Keeping of Livestock. In an R-4 zone, the keeping of livestock shall e subject to the same limitations as in the R-1 and R-2 zones. 11. Trans America Bike Route. No land use action or permit shall be allowed on adjacent lands to the Trans America bike route that will unduly affect the purpose of the bike route. ** That area known as Casper Mobile Acres located approximately between 9th and Sth Street N.E., Antler and Evergreen Streets Tax Map 15-13-1SBA in Redmond will be zoned R-4 until June 31, 1996, or sooner if deed restrictions for nonresidential uses are removed, at which time it will be rezoned to Industrial (M-1) in accordance with the Redmond Comprehensive Plan. Mobile Homes shall be the only permitted use in Casper Mobile Acres. -28- ` VOL 35 PAGE ?8i Section 3.045. URBAN HIGH DENSITY RESIDENTIAL R-5 ZONE. In an R -S zone, the following regulations shall apply: I. Purpose. This district is intended to provide for high density multiple -family developments in locations close to shopping service, transportation or public open space, and in appropriate locations to provide a transitional use area between residential areas and other less restrictive districts. The professional and office uses are included conditionally to enhance the function of this district in transitional areas and to encourage this transaction in a more residential character. 2. Uses Permitted Outright. In an R-5 zone, the following uses are permitted outright: a. single family dwelling, excluding mobile homes b. two family dwelling c. multi -family dwelling d. multi -family dwelling complex subject to Section 4.055 e. accessory uses and structures subject to Article IV f. condominiums 3. Conditional Uses Permitted. In an R-5 zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Article VII: a. boarding house b. day nursery C. hospital, nursing home, home for the aged d. medical or dental clinic e. public or semi-public use f. utility facility g. professional offices h. school i. planned unit development district j. neighborhood commercial district 4. Accessory Uses. In an R-5 zone, there shall be the following limitations on accessory uses: a. There shall be not more than one private garage for each dwelling unit, and the garage shall not exceed 950 square feet in floor area. S. Lot Size. In an R-5 zone, the minimum lot size shall be as follows where there is both a public water and sewer system provided: a. For a single family dwelling, the lot area shall be a minimum of 6,000 square feet. b. For a two family dwelling, the lot area shall be a minimum of 7,500 square feet. c. For a multi -family dwelling or condominium the lot area shall be a minimum of 7,500 square feet plus 1250 square feet for each dwelling unit over two but less than four. d. For a multi -family dwelling complex, the lot area shall have a minimum of 7,500 square feet for the first unit plus the minimum square footages based upon the number of bedrooms per dwelling unit in the following table: -29- Studio or Efficiency 1 bedroom .2 bedrooms 3 bedrooms 4 bedrooms Land Area 1st & 2nd Floor 650 square feet 900 square feet 1250 square feet 1850 square feet 2100 square feet `VOL 35 PAGE782 Land Area 3rd Floor and above 250 square feet 500 square feet 1000 sqaure feet 1550 square feet 1850 square feet provided that the overall density does not exceed one dwelling unit per 2500 square feet of lot area. e. Each lot shall have minimum street frontage of 50 feet, except for lots fronting on a cul-de-sac turn around said frontage may be reduced to 40 feet. This frontage shall be measured at the front yard setback. 6. Yards. Except as provided in Article VI, in an R-5 zone, the minimum yard requirements shall be as follows: a. A front yard shall be a minimum of 15 feet from the foundation to the property line, except on corner lots where vision clearance requirements shall apply. b. A side yard shall be a minimum of 5 feet from the foundation to the property line except on corner lots. The side yards shall be increased by 2 foot for each foot by which the building height exceeds 15 feet. c. A rear yard shall be a minimum of 5 feet from the foundation to the property line. A rear yard shall be increased by 2 foot for each foot by which the building height exceeds 15 feet. 7. Height of Buildings. In an R -S zone, no building shall exceed a height 0 40 Feet. 8. Signs. Signs shall be placed in accordance with the provisions of Article IV. 9. Off -Street Parking and Loadin9 In an R-5 zone, off-street parking and loading shall be provided in accordance with the provisions of Article V. 10. Special Yards and Distances between Buildings. Special yeards and distances between uildings shall be provided as follows: a. An inner court providing access to double -row dwelling groups shall be a minimum of 20 feet in width. b. Except for single family dwellings on one lot, the distance between principal buildings shall be at least one half the sum of the height of both buildings; provided, however, that in no case shall the distance be less than 12 feet. This requirement shall also apply to portions of the same buildings separated from each other by a court or other open space. xna VOL 35 PACE 783 Section 3.050. STRIP -SERVICE COMIT-RCIAL C-1 ZONE. In a C-1 zone, the a following regulations shall apply: 1. Purpose. The purpose of the C-1 zone is: a. To create and preserve areas suitable for commercial uses and services primarily oriented to automobile traffic, requiring extensive outdoor display and storage, and in support of the central business district or principal downtown shopping area. b. In general, this zone shall be applied to those areas already existing and desirable to retain and for those areas that, because of new and/or changing traffic patterns, should be developed for such purposes. 2. Out Uses. In a C-1 zone, the following uses and their accessory uses are permitted outright: a. automotive sales and service including auto repair, gasoline service stations, truck shops and car washes. b. boat, trailer and recreational vehicle sales and service; and sporting goods. c. mobile home sales and service. d. motel, resort, restaurant, cafe, tavern, and similar travelers accommodations and entertainment business, including drive-in restaurants, and tourist -related retail e. building supply and warehousing, lumber supply and storage, and construction related businesses f. farm and other heavy equipment sales and service g, grocery, general merchandise, hardware and other retail trade establishments; including outside storage and display h. plant nursery and greenhouse operation, and landscaping supply and service ablistiunent, self-service laundry i. laundry, dry cleaning est j, bank or other financial institution k. printing, publishing or other business supply business including photography and newspapers 1. veterinary clinic or kennel m. business or professional offices n, commercial recreation or entertainment facility including drive-in theatre, golf course, pitch 'n' putt, driving range and other such uses o*commercial mini -storage and dispensing h sical q. indoor sports arena, gymnasiums, auditoriums, p y culture studios r. commercial activity directly serving agriculture 3. 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 VII and Subsection (4) of this section. a, any complex of three or more outright uses b, multi -family dwelling complex or mobile home park c. the resumption of a residential use as the use has been previously conducted d. manufacturing of non-toxic type where the only retail sales outlet for the product produced is on the premises -31- M: VOL 35 PAGE 784 e. public utility service, equipment and storage yards f. transportation and tour terminals g. public and semi-public use h. mortuary or funeral home i. planned unit development district 4. Dimensional Standards. In a C-1 zone, the following dimensional standards shall apply: a. Dimensional requirements shall be determined by requirements set forth by the commission relative to off street parking and loading, access permitted outside display areas, land- scaping and other customer environment facilities or improvements, and requirements relative to construction safety standards. No use or accessory use thereof, however, shall be permitted which will project into or over a street right-of-way or create a hazard to vision clearance at a street -to -street or street -to -alley intersection. b. No building shall exceed a height of 60 feet c. Non-commercial uses permitted by this section shall not. exceed 50% lot coverage. d. Landscaping shall cover IS% of the lot area. S. Yards. Except as provided in Article VI, in a C-1 zone, the minimum yard requirements shall be as follows: a. A front yard shall be a minimum of 50 feet from the foundation to the street right-of-way of an arterial, 35 feet to a collector, and 10 feet to a local street. b. A side or rear yard abutting a residential zone shall be a minimum of 25 feet from the foundation to the property line or as allowed by the Planning Commission. c. A side or rear yard abutting a local street shall be a minimum of 10 feet from the foundation to the property line and 2S feet if abutting a collector or arterial street. d. A rear yard abutting an alley shall be 25 feet from the foundation to the property line when it is to be used for servicing the commercial establishment, and 10 feet in other cases. 6. 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 V. 7. Access Limitations. In a C-1 zone, the following access limitations shall apply: a. There shall not be more than one access allowed per each 100 feet of frontage on a collector or an arterial inside of the access core area. b. There shall not be more than one access allowed per each 600 feet of frontage on a collector or an arterial outside the access core area. c. If necessary to meet these requirements, permitted uses shall provide for shared access. d. No use shall require backing of traffic onto a public right-of- way to accommodate adequate access. -32- VOL 35 PACE 785 e. All parking and loading demands created by any use shall be accommodated on subject premises entirely off-street. s 8. Signs. Signs shall be provided in accordance with the provisions of Article IV. 9. Trans America Bike Route. No land use action or permit shall be allowed on adjacent lan s to the Trans America Bike Route that will unduly affect the purpose of the bike route. -33- VOL 35 PACE 786 Section 3.060. CENTRAL BUSINESS DISTRICT COMMERCIAL (CBD) C-2 ZONE. In a C-2 zone, the following regulations shall apply: 1. Purpose. The purpose of the C-2 zone is: a. To create and preserve areas suitable for commerical uses and services on a broad basis to serve as the central shopping or principal downtown area for the city. b. In general, this zone shall be applied to the town "center" already existing and desirable to retain and to abutting and adjacent areas necessary to serve population growth. In any event, no other C-2 zone shall be established until there is a demonstrated need for such action; no two C-2 zones shall be established in such relationship to each other that they cannot act as one center. 2. Uses Permitted Outright. In a C-2 zone, the following uses and their accessory uses are permitted outright: a. Offices for professional services such as doctors, dentists, accountants, banking, communications, attorney, and similar services. b. Retail trade establishments such as grocery, variety, drugs, clothing, home furnishing hardware, sporting goods and speciality shops, does not include drive-in type businesses such as auto, truck, boat and trailer sales, tire stores and similar type uses. c. Service commercial businesses such as clothes cleaning beauty and barber shops, home furnishing repair, shoe and other apparel repair, and similar type businesses; does not include auto service and repair. d. Entertainment type businesses such as cafes, taverns, restaurants, including drive-in restaurants. Fraternal organization uses shall be included. e. Governmental service offices such as welfare, e^iployment, veteran services, and similar personal type services. f. Newspapers, printing shops, duplicating processes. g. Financial and business service establishment such as banks, savings and loan, printing and publishing, and similar type businesses. h. Public or private parking lots or facilities. i. Hotels and Motels. 3. 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 VII and Subsection (4) of this section. a. automobile sales and service only when the site is contiguous to and abutting a C-1 zone. .b. automobile service stations or garages, car washes or laundries other than those utilizing automatic or steam cleaning equipment. c. commercial bakeries. d. commercial amusement establishments such as bowling alleys, skating rinks, pool halls, etc. -34- VOL 35 eMG, E 787 e. electrical, plumbing and furniture upholstering shops, provided ., that all materials are kept, and all activities are conducted, entirely within a building. f. equipment sales and rental yards; used car lots and other yards where retail sales products are displayed in the open, only when contiguous to and abutting a C-1 zone. g. funeral homes, undertaking parlors and mortuaries. h. gymnasiums, physical culture studios and reducing salons. i. multi -family dwellings of more than six units. j. public use or semi-public use. k. transportation and tour terminals, travel agencies. 1. the resumption of a residential use as the use has been previously conducted. m. nursery or kindergarten, day care center. n. planned unit development district. 4. Dimensional and Setback Standards. In a C-2 zone, the following dimensional and setback standards shall apply: a. Dimensional and setback requirements shall be determined by requirements set forth by the commission relative to off street parking and loading, access permitted outside display areas, landscaping and other customer environment facilities or improvements, and requirements relative to construction safety standards. No use or accessory use thereof, however, shall be permitted which will project into or over a street right-of-way or create a hazard to vision clearance at a street -to -street or street -to -alley. intersection. b. No building shall exceed a height of 60 feet. c. Non-commercial uses permitted by this section shall not exceed 500 lot coverage. S. Use Limitations and Requirements. In a C-2 zone, the following use limitations and requirements shall apply: a. All business, service, repair, processing, storage or merchandise display shall be conducted wholly within an enclosed building, except for drive-in windows, display of merchandise along the outside wall of the building not extending more than three feet from the wall, the outside display of merchandise during a merchants or community sponsored promotional sale, or the outside display of merchandise confined to an area or facility designed for such purpose and approved by the commission. b. All employee parking demand created by any use permitted under the provisions of this section shall be accomodated for entirely by off street parking and limited to an area or facility, public or private, designated for such use. c. No use permitted by this section shall require the backing of traffic onto a public street right-of-way to accomodate access to any use or the premises thereof. d. There shall not be more than one access from properties accomodating uses permitted by this section. In all cases, permitted uses shall be encouraged and may be required to share access. -35- w VOL 35 PAGE 788 e. Uses in excess of 20,000 square feet of retail sales ' floor area shall provide customer restroom facilities. f. Landscaping shall cover S% of the lot area. g. Uses permitted by this section involving drive-in . window service shall be limited to access locations which will not create traffic hazards, cross traffic patterns, or require additional curb cuts on a street recognized as an arterial. or collector. 6. 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 V. 7. Signs. Signs shall be provided in accordance with the provisions of Article IV. 8. Trans America Bike Route. No land use action or permit shall be allowed on adjacent lands to the Trans America Bike route that will unduly affect the purpose of the bike routes. -36- VOL 35 PACE 789 Section 3.070. SPECIAL - SERVICE COMMFRCIAL C-3 ZONE.. In a C-3 zone, •, the following regulations shall apply: 1. Purpose. The purpose of the C-3 zone is: a. To create and preserve areas suitable for special commercial uses and services and compatible non-commercial. uses, and on a broad basis to serve as a center for emergency services such as medical -health care for the urban area. b. The zone should also encourage the location of uses which provide close and easy access for that sector of the population which is in most need of such services such as the elderly. c. The zone should maintain the quiet and low -intensity use atmosphere deemed preferential for such uses. 2. Uses Permitted Outright. In a C-3 zone, the following uses and their accessory uses are permitted outright subject to the provisions of this section: a. medical or dental clinics and offices b. hospital, nursing, convalescent or retirement home C. multi -family dwelling complexes limited to the aged, S5 years and older d. government office 3. Conditional Uses Permitted. In a C-3 zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Article VII and this section: a. offices for accountants, bookkeepers, attorneys, engineers, real estate, etc. b. studios and galleries for artists, photographers, interior decorators c. single or two family dwelling d. multi -family dwelling not limited to the aged e. retail trade including grocery, variety, drugs, speciality shops, florist, gift shops, etc. f. service commercial including laundry, beauty and barber shops, shoe repair, etc. g. restaurant or cafe h. mobile home park i. public or semi-public use j. planned unit development district k. resumption of a residential use as the use had been previously conducted. 4. Minimum Lot Size and Dimensional Standards. In a C-3 zone, the following minimum lot size and dimensional standards shall. apply: a. Commercial/non-residential uses. Dimensional and setback requirements shall be determined by requirements set forth by the commission relative to off street parking and loading, access, permitted outside display areas, landscaping and other -37- Vol 35 PAcf 790 customer environment facilities or improvements and require- ments relative to construction safety standards. No use or accessory use thereof, however, shall be permitted or create a hazard to vision clearance at a.street-to-street or street -to -alley intersection. b. No building shall exceed a height of 40 feet. c. Residential uses. The standards set forth in the R-5 zone for density shall be used in determining residential development in the C-3. zone. Provided, however,.housing exclusively designated for the elderly may have a density not to exceed 2000 feet per dwelling unit. d. Landscaping shall cover 15% of the lot area. S. Use Limitations. In a C-3 zone, the following use limitations shall apply: a. All parking demand created by any permitted use under the provisions of this section shall be accomodated on the subject premises entirely off street. b. No use permitted by this section shall require the backing of traffic onto a public or private street, road or alley right-of-way to accomodate access to any use or the premises thereof. c. There shall not be more than one access from properties accomodating uses permitted by this section per each 600 feet of frontage on a collector or arterial. If necessary to meet this requirement, permitted uses shall provide for shared access. d. Landscaping and vegetative or other screening may be required to protect abutting or area land uses and increase the attractiveness of the area. 6. Yards. Except as provided in Article VI, in a C-3 zone, the minimum yard requirements shall be as follows: a. A front yard shall be a minimum of SO feet from the foundation to the street right-of-way of an arterial, 2S feet to a collector and 10 feet to a local street.' b. A side or rear yard abutting a residential zone shall be a minimum of 2S feet from the foundation to the property line. c. A side or rear yard abutting a local street shall be a minimum of 10 feet from the foundation to the property line, and 2S feet if abutting a collector or arterial street. d. A rear yard abutting an alley shall be 2S feet from the foundation to the property line when it is to be used for servicing the commerical establishment, and 10 feet in other cases. 7. Off Street Parking and Loading. In a C-3 zone, off street parking and loading shall be provided in accordance with the provisions of Article V. 8. Signs. Signs shall be provided in accordance with the provisions of Article IV. 9. Trans America Bike Route. No land use action or permit shall be allowed on adjacent lands to the Trans America Bike Route that will unduly affect the purpose of the bike route. -38- .. VOL 35 PAGE 791 Section 3.080. LIMITED SERVICE CONWRCIAL C-4 ZONE. In a C-4 zone, the • following regulations shall apply: 1. Purpose. The purpose of the C-4 zone is: a. To retain the general character of the limited strip type commercial that presently exists in that area encompassed by this zone, and to provide for a lower intensity of heavily auto related business at the west entry to the city. b. To maintain a higher level of use compatibility in areas where strip type commercial and residential uses abut. c. To maintain an attractive appearance in the area of the western entry to the city; such entry being a high use route for visitors to the area. 2. Uses Permitted Outright. In a C-4 zone, the following uses and their accessory uses are permitted subject to the provisions of Subsection (6) of this section. a. offices for professional services such as doctors, dentists, real estate, insurance, accountants, banking, communications, attorneys, and similar services. b. retail trade establishments such as grocery, variety, drugs, clothing, home furnishings, hardware, sporting goods and specialty shops; does not include drive-in type businesses such as auto, truck, boat and trailer sales, tire stores and similar type uses. c. service commercial businesses such as clothes cleaning, beauty and barber shops, home furnishing repair, shoe and other apparel repair, and similar type businesses; does not include auto service and repair. d. entertainment type businesses such as cafes, taverns and restaurants including drive-in restaurants. Fraternal organization uses shall be included. e. governmental service offices such as welfare, employment, veteran services, and similar personal type services. f. financial and business service establishment such as banks, savings and loan, printing.and publishing, and similar type businesses g. newspapers, printing shops, duplicating processes h. public or private lots or facilities i. nurseries and garden supply stores provided all outside storage and display is adequately screened j. plumbing, electrical, building contractor and other construction related businesses; provided there is no outside storage (i.e. the business is wholly enclosed within a building). k. motels 1. small animal veterinary clinic wholly enclosed within a building. m. tour, travel and ticket agencies. 3. Conditional Uses Permitted. In a C-4 zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Article VII and this section: a. automotive sales and service including auto repair,,gasoline service stations, truck shops and car washes -39- ' VOL 35 PAGE 792 b. boat, trailer and recreational vehicle sales and service; and sporting goods c. mobile home sales and service d. commercial recreation or entertainment facility including drive-in theatre, golf course including pitch 'n' putt and driving range, bowling alley, skating rinks, pool halls, etc. e. mortuary or funeral home f, multi -family g. multi -family dwelling complex or mobile home park h. the resumption of a residential use as the use has been previously conducted. i. public utility service, equipment and storage yards j. indoor sports arenas, gymnasiums, auditoriums, physical culture studios. k. food lockers, ice storage and dispensing 1. commercial mini storage facilities m. equipment sales, service and rental yards; used car lots and other yards where retain products are displayed in the open. n. public or semi-public use o. planned unit development district. 4. Dimensional Standards. In a C-4 zone, the following dimensional standards shall apply: a. Dimensional requirements shall be determined by requirements set forth by the commission relative to off street parking and loading, access permitted outside display areas, landscaping and other customer environment facilities or improvements, and requirements relative to construction safety standards. No use or accessory use thereof, however, shall be permitted which will project into or over a street right-of-way or create a hazard to vision clearance at a street -to -street or street -to -alley intersection. b. No building shall exceed a height of 60 feet. c. Non-commercial uses permitted by this section shall not exceed 500 of lot coverage. d. Landscaping shall cover 150 of the lot area. S. Yards. Except as provided in Article VI, in a C-4 zone, the minimum yard requirements shall be as follows: a. A front yard shall be a minimum of 10 feet from the foundation to the street right-of-way as adopted on the City Comprehensive Plan for a local street, 25 feet for a collector street, and 50 feet for an arterial street. b. A side.or rear yard abutting a residential zone shall be a minimum of 25 feet from the foundation to the property line. c. A side or rear yard abutting a local street shall be a minimum of 10 feet from the foundation to the property line and 25 feet on arterial or collector. d. A rear yard abutting an alley shall be 25 feet from the eave line to the property line when it is to be used for servicing the commercial establishment, 10 feet in other cases. -40- vol 35 PAGE 793 6. Access Limitations. In a C-4 zone, the following access limitations shall apply: a. There shall not be more than one access allowed per each 100 feet of frontage on a collector or an arterial inside of the access core area. b. There shall not be more than one access allowed per each 600 feet of frontage on a collector or an arterial outside the access core area. c. If necessary to meet these requirements, permitted use shall provide for shared access. d. No use shall require backing of traffic onto a public right- of-way to accomodate adequate access. e. All parking and loading demands created by any use shall be accomodated or subject premises entirely off-street. 7. Use Limitations.. All uses permitted by this Section shall be subject to the ollowing limitations: a. All parking and loading demand created by any use permitted under the provisions of this section shall be accommodated on the subject premises entirely off street. b. No use permitted by this section shall require the backing of traffic onto a public or private street, road or alley right- of-way to accommodate access to any use or the premises thereof. c. No use shall require backing of traffic onto a public right-of- way to accommodate access. d. All parking and loading demands created by any use shall be accommodated or subject premises entirely off street. e. Landscaping and vegetative or other screening may be required to protect abutting or area land uses and to increase the attractiveness of the area. f. Uses permitted by this section involving drive-in window service shall be limited to access locations which will not create traffic hazards, cross traffic patterns, or require additional curb cuts on a street recognized as an arterial or collector. 8. Off -Street Parking and Loading. In a C-4 zone, off street parking and loading shall be provided in accordance with the provisions of Article 1V. 9. Sites. Signs shall be provided in accordance with the provisions o rticle V. 10. Trans America Bike Route. No land use action or permit shall be allowed on adjacent land s to the Trans America Bike Route that will unduly affect the purpose of the bike route. -42- VOL 35 PAcE 794 Section 3.090. TOURIST COMMERCIAL C-5 ZONE. In a C-5 zone, the following regulations shall apply: 1. Purpose. The purpose of the C-5 zone is: a. To provide for the concentration of commercial uses primarily oriented to the traveler and tourist sector in locations complimentary to existing facilities and future major transportation facilities. b. To provide incentive for public and private investments in traveler and tourist related complexes. 2. -Uses Permitted Outright. In a C-5 zone, the following uses and their accessory uses are permitted outright subject to the provisions of Subsection (6) of this section: a. public or private park, playground, golf course, pitch 'n' putt golf, miniature golf, and similar recreational facility excluding a golf driving range and amusement park b. automobile, truck and recreation vehicle gasoline service station c. eating or drinking establishment, including a drive-in restaurant, provided that for any establishment serving alcoholic beverages the primary business shall be a cafe or restaurant. d. beauty and barber shops e. public or semi-public use f. general merchandise, grocery store, or delicatessen g. artist, book, music or photography store or gallery h. laundromats or clothes cleaning establishments i. drug, sundry variety or hobby store j. rock shop, gift shop or specialty shop k. sporting goods and bait shop 3. Conditional Uses Permitted. In a C-5 zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Article VII and thissection. a. recreation vehicle sales and service including boats travel trailers, motorcycles, snowmobiles, etc. b. convention center c. drive-in uses d. any complex involving 3 or more of the uses permitted outright e. car washes f. banks, financial institutions, professional and business offices g. public or semi-public use h. travelers accomodation facilities including motels, hotels, campgrounds and overnight travel parks. i. commercial amusement establishment such as bowling alleys, skating rinks, pool halls, etc. j. gymnasiums, physical culture studios and reducing salons k. indoor sports arenas, auditoriums and theaters 1. caretaker or commercial owner/operated residence m. childrens day nursery n. planned unit development district -43- rvOl 35 PACE 795 4. Dimensional Standards. In a C-5 zone, the following dimensional standards shall apply: a. dimensional and setback requirements shall be determined by requirements set forth by the commission relative to off street parking and loading, access, permitted outside display areas, landscaping and other customer environment facilities or improvements, and requirements relative to construction safety standards. No use or accessory use thereof, however, shall be permitted which will project into or over a street right-of-way or create a hazard to vision clearance at a street -to -street or street -to -alley intersection. b. No building shall exceed a height of 60 feet. c. Non-commercial uses permitted by this section shall not exceed 50% lot coverage. d. Landscaping shall cover 15% of the lot area. S. Yards. In the C-5 zone, the minimum yard requirements shall be as .a. The minimum building setback from a street right-of-way line shall be 50 feet unless a greater setback is required for compliance with the Comprehensive Plan criteria or policies or as allowed by the Planning Commission. b. The minimum setback between a structure and an existing use permitted by this section shall be five feet from the property line and at least 10 feet from a structure on the adjoining property, or adjoining structure may be permitted. 6. Use Limitations. In a C-5 zone, the following limitations shall apply to all permitted uses: a. all parking demand created by any use permitted under the provisions of this section shall be accommodated on the subject premises entirely off street; minimum standards for off street parking requirements shall be in accordance with the provisions of this ordinance. b. no use permitted by this section shall require the backing of traffic onto a public or private street, road or alley right-of-way to accommodate access to any use or the premises thereof. c. there shall not be more than one access from properties accommodating uses permitted by this section per each 600 feet of street frontage on a collector or an arterial. If necessary to meet this requirement, permitted uses shall provide for shared access. 7. Off Street Parking and Loading. In a C-5 zone, off street parking and loading shall be provided in accordance with the provisions of Article V. 8. Signs. Signs shall be placed in accordance with the provisions of Article IV. -44- VOL 35 PAGE 796 r ' Section 3.110. LIGHT INDUSTRIAL M-1 ZONE. In an M-1 zone, the following regulations shall apply: 1. Purpose and Appicability. The purpose and applicability of the M-1 zone is: a. To provide areas for the location of those commercial and. industrial uses which are generally in support of but not necessarily compatible with those permissible activities and uses in other commercial or industrial zones; to encourage the grouping of heavy commercial and limited industrial uses for mutual protection and to effect economies and efficiency in the provision of public utilities, streets and services. b. This zone will normally be established in support of a commercial zone and be reasonably accessible and convenient thereto but shall not be established without access to an arterial or major collector. 2. Uses Permitted Outright. In an M-1 zone, the following uses and their accessory uses are permitted subject to the provisions of subsection (4) of this Section. a. automobile service stations, parking lots and buildings or storage garages. b. bakeries, laundries, cleaning or dyeing plants C. business offices or commercial service businesses d. carpenter, cabinet, electrical, plumbing, heating, tire, sheetmetal, air-conditioning, furniture upholstering shops an or stores d any other similar uses. e. contractor's yards including material and equipment or sale or rental of same yards or terminals f. draying, freighting or trucking y g. eating or drinking establishments h. lumber yards and building materials yards but not including concrete or asphalt mixing i. manufacturing, fabricating, processing, repairing, packing or storage; except a use specifically 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. j. publishers, printers, cartographers, blueprinters, and similar establishements paint and upholstery k. repair garages, body and fender works, p P en t shops for boats, automobil.es and other vehicles or equipmen 1. retail sales incidental and subordinate to a permitted use m. transportation and tour terminals and agencies n. any terminals or storage or maintenance yards for a fleet of vehicles o. incidental and necessary services for persons working in an M-1 zone when conducted within an integral part of a main structure and having no exterior display or advertising p. veterinary clinics or kennels q. wholesale distribution and sales r. any manufacturing, processing, assembly, research, laborary, bottling or packaging uses which are conducted in a building. -45- VOL 35 PAGE 797 t„ 3. Conditional Uses Permitted. In an M-1 zone, the following uses and their accessory uses are permitted when authorized with the provisions of Article VII and subsection (5) of this Section. a. public or semi-public use b. concrete or ready mix plants c. heliports, airfields and landing strips d. sport fields, arenas or stadiums e. auditoriums and drive-in theaters f. the sale, storage and sorting of junk, waste, discarded or salvaged materials, machinery, automobiles or equipment, but not including processing g. living quarters necessary to the operation of an industrial enterprise or for watchmen or custodians of industrially - used property h. the resumption of a residential use as the use has been previously conducted where such use has been discontinued i. retail, wholesale and/or service business complexes of three or more such uses on a single premise j. any use permitted by subsecticn (2) of this section which is located within 600 feet of a residential dwelling or a lot within a duly platted subdivision or residential zone k. automobile and other automotive wrecking yard 1. guarry, gravel pit. Subsurface or surface mining, including crushing, screening, or washing of extracted materials. m. commercial feed lot, stock yard, sales yard, slaughter house, and rendering plant n. planned unit development district. 4. Limitations on Use. In an M-1 zone, the following limitations shall apply: a. All uses must meet local, state and federal standards relating to noise, smoke, odor, dust and gas. b. materials shall be stored and grounds shall be maintained in a manner which will not attract or aid the propogation of insects or rodents or otherwise create a health hazard. c. 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 -maintain, sight obscurring fence at least six feet high or sight obscurring landscape. d. 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. e. 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. f. 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. -46- VOL 35 PacF 798 g. all parking and loading demand created by any use permitte _• by this section shall be accommodated on the subject premises entirely off street. h. no use permitted by this section shall require the backing of traffic onto a public or private street or road right- of-way to accomodate access to any use or the premises thereof i. there shall not be more than one access from properties accommodating uses permitted by this section per each 600 feet of street frontage of a collector or an arterial. If necessary to meeting this requirement, permitted uses shall provide for shared access. S. Dimensional Standards. In an M-1 zone, the following dimensional standards shall apply: a. the minimum lot size shall be determined in accordance with the provisions of this section relative to setback requirements, off street parking and loading, and as deemed necessary by the commission to maintain air, water, and land resource quality and to protect adjoining and area land uses b. no use permitted by this section which is located adjacent to or across the street from a residential use or lot in a duly platted subdivision or residential zone shall exceed more than 600 of the land area designed or intended for such use including buildings, storage or facilities, and required off street parking and loading area c. the minimum building setback between a structure and an arterial street or railroad right-of-way line shall be SO feet unless a greater setback is required for compliance with Comprehensive Plan policies or criteria, and 25 feet on a collector d. the minimum setback between a structure and a property line abutting a residential lot or use in a duly platted subdivision or residential zone shall be 50 feet e. Landscaping shall cover 15% of the lot area. f. the right-of-way between the property line and the edge of the improved street and the front and side yard setback areas shall be landscaped and maintained by the contiguous property owner in accordance with the provisions of Ordinance 502. 6. Yards. Except as provided in Article VI, in an M-1 zone, the minimum side yard shall be 10 feet from the foundation for one and two-story buildings and 15 feet from the foundation for three-story buildings; and front and rear yards shall be a minimum of 10 feet or as approved by the Planning Commission. 7. Lot Coverage. In an M-1 zone, buildings shall not cover more than 75 per cent of the lot. (see figure 2) 8. Height of Buildings. In an M-1 zone, no building shall exceed a height of 60 feet. 9. Off -Street Parking and Loading. In an M-1 zone, off street parking and loading shall be provided in accordance with the provisions of Article V. 10. Signs. Signs shall be placed in accordance with the provisions of Article IV. -47- r VOL 35 PAGE 799 _ Section 3.120. HEAVY INDUSTRIAL M-2 ZONE. In an M-2 zone, the following ,`• regulations shall apply: 1. Purpose and Applicability. The purpose and applicability of the M-2 zone is: a. to allow space for the grouping of those uses that are generally considered to be offensive or to have some element of danger; to prohibit the encroachment of incompatible uses; to regulate the nuisance uses so as to decrease their detrimental effect on surrounding uses of land. b. this zone shall not in general be established without due regard to the problem or protecting adjoining land uses. Where possible, natural physical features shall be used as zone boundaries; but when necessary, open space uses may be established to provide relief for other land uses that would be incompatible with .heavy industry if located in close proximity to such industry. 2. Uses Permitted Outright. In an M-2 zone, the following uses and their accessory uses are permitted subject to the provisions of subsection (4) of this section: a. a use permitted outright in an M-1 zone, except retail trade b. concrete or concrete products manufacturing c. lumber manufacturing or wood processing d. petroleum products and shaping or distribution e. stone cutting and shaping for construction, ornamental and/ or monumental purposes f. incidental and necessary services for persons working in an M-2 zone when conducted within an integral part of a main structure and having no exterior display or advertising. 3. 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 VII and subsection (4) of this section. a. asphalt plants b. brick and pottery factories c. bulk storage and/or distribution of explosives d. chemical manufacturing or storage, including farm chemicals e. dumping, disposal, incineration or reduction of refuse or waste matter f. livestock feeding yards or stockyards g. glue manufacturing h. heliports, airfields and landing strips j. quarries and commercial excavations k. reduction, refining, smelting or alloying of metals, petroleum products, or ores 1. rendering plants m.' slaughter houses n. steel and boiler works, fabrication, assembly and storage of structural steel products, foundaries and machine shops -48- VOL 35 FAGF 800 o. storage, curing, tanning of raw, green or salted hides or skins p. wrecking yard or junkyards q. living quarters necessary to the operation of an industrial enterprise or for watchmen or custodians of industrially - used property r. the resumption of a residential use as the use has been previously conducted where such use has been discontinued. 4. Limitations on Use. In an M-2 zone, the following limitations on use shall apply: a. any use which creates a nuisance because of excessive noise, smoke, odor, dust, or gas is prohibited b. materials shall be stored and grounds shall be maintained in a manner which will not attract or aid in the propagation of insects or rodents or otherwise create a health hazard c. 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 obscurring fence at least six feet high or sight obscurring landscaping. d. 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 e. 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. f. water used in conjunction with an industrial use shall not be 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 g. all parking and loading demand created by any use permitted by this section shall be accommodated on subject premises entirely off street h. no use permitted by this section shall require the backing of traffic onto a public or private street or road right-of-way to accommodate access to any use on the premises thereof i. there shall not be more than one access from properties accommodating uses permitted by this section per each 600 feet of street frontage of a collector or arterial. If necessary to meet this requirement, permitted uses shall provide for shared access. S. Dimensional Standards. In an M-2 zone, the following dimensional standards shall apply: a. the minimum lot size shall be determined in accordance with the provisions of this section relative to setback requirements, off street parking and loading, and as deemed necessary by the commission to maintain air, water and land resource quality and to protect adjoining area land uses -49- r VOL 35 PAGE 801 b. no use permitted by this section which is located adjacent to or across the street from a residential use or lot in a residential zone shall exceed more than 600 of the land area designed or intended for such use including buildings, storage areas or facilities, and required off street parking and loading area C. the minimum building setback between a structure and an arterial street or railroad right-of-way line shall be 50 feet unless a greater setback is required for compliance with Comprehensive Plan policies or criteria, and 25 feet from a collector street. d. the minimum setback between a structure and a property line abutting a residential lot or use in a duly platted subdivision or residential zone shall be 50 feet e. landscaping shall cover 150 of the lot area f. the right-of-way between the property line and the edge of the improved street and; the front and side yard setback areas shall be landscaped and maintained by the contiguous property owner in accordance with the provisions of Ordinance 502. 6. Yards. Except as provided in Article VI, in an M-2 zone, the minimum side yard shall be 10 feet from the foundation for one and two-story buildings; 15 feet for three-story buildings and 20 feet for four- story buildings; and front and rear yard shall be a minimum of 10 feet from the foundation to the property line. 7. Lot Coverage. In an M-2 zone, buildings shall not cover more than 750 of the lot. (see figure 2) 8. Height of Buildings. In an M-2 zone, no building shall exceed a height o 60 eet. 9. 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 V. 10. Signs. Signs shall.be placed in accordance with the provisions of Article IV. -50- VOL 35 PAGE 802 Section 3.130. PARK RESERVE-OPFN SPACE P -R ZONITE. In a P -R zone, the following regulations shall apply: 1. Purpose and Applicability. The purpose and applicability of the P -R zone is: a. to preserve areas of natural, historical, scenic or geological significance b. to provide areas for public recreational use and development, present and future. 2. Conditional Uses Permitted. In an P -R zone, the following uses and their accessory uses are permitted when authorized in accordance with the provision of Article VII. a. farm use as defined in ORS Chapter 215.203, but not including those uses listed in ORS Chapter 215.213 b. public reserve areas of natural, historical, or geological significance c. private or public recreational facility d. publicly owned and operated sewage or water system facility 3. Dimensional Standards. In an P -R zone, the following dimensional standards shall apply: a. the minimum lot size shall be determined by the commission to be necessary for the protection of public health and natural resources. 4. Setbacks. In a P -R zone, the following setback requirements shall apply: a. there shall be a setback of a minimum of 60 feet from an arterial or collector street or road right-of-way; a 100 feet setback from a lot within a duly platted and recorded subdivision. S. Limitations on Conditional Uses. In addition to the standards and conditions that may be attached to the approval of a conditional use as provided by Article VII, the following limitations shall apply to a use in a P -R zone excepting resumption of a residential use under Article VIII or establishment of publicly owned sewerage and water system facilities: 2 C. an application for a conditional use shall be denied if the proposed use is not related to or complimentary to the recreational, historical, or scenic resources of the area the Planning Commission may limit changes in the natural grade of land, or the alteration, removal or destruction of natural vegetation in order to prevent or minimize erosion, pollution or degradation of the natural attractiveness of the area the Planning Commission may require establishment and maintenance of fire breaks, the use of fire resistent materials in construction and landscaping; or may attach other similar conditions or limitations that will serve to reduce fire hazards or prevent that spread of fire to surrounding areas -51- VOL 35 PACE 813 d. an application for a conditional use in a P -R zone shall be denied if, in the opinion of the Planning Commission, the proposed use would exceed the carrying capacity of the area or would be detrimental to the natural features or resources of the area. 6. It shall be unlawful to fill, discard or store solid wastes of any kind., including but not limited to excavation, tailings, rubbish, auto bodies, junk, and other similar materials, to store any materials which are unsightly within the canyon area, or to remove from the canyon area soil, trees, shrubbery, or other natural vegetation. -52- von 35 PACE 804 Section 3.140. SPECIAL USE ZONE. - AIRPORT CONTROL AC ZONE. • 1. Purpose and Applicability. The purpose and applicability of the AC zone is: a. in order to provide for the safety and use of land coincident with the airport and prevent man-made or natural objects from encroaching into necessary avigation airspace, certain airport control zones are created which include all of the land lying within transitional surfaces, conical surface, instrument approach surface, noninstrument approach surfaces and horizontal surface b. these zones shall be established as indicated on the official zoning map for existing runways and future modifications thereto, Roberts Field, or any other airport that may be constructed necessitating avigation controls which will affect land within the corporate limits of Redmond. 2. AC Sub -Zone Classifications and Designation. In an AC zone, the following zones are hereby created: a, conical zone AC/C b. horizontal zone AC/H c. precision instrument approach zone AC/P-lA d. non -precision instrument approach zone AC/NO-IA e. visual approach zone AC/VA f, transition zone AC/T 3. Sub -Zone Coverage. AC Sub -Zone coverage requirements shall be as of ows: a. conical zone (AC/C); that area below the conical surface which commences at the periphery of the horizontal surface and extends outward and upward at a slope of 20 to 1 for a horizontal distance of 4,000 feet. b. horizontal zone (AC/H): that area below the horizontal surface, which surface is 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is: 1. 5,000 feet for all runways designated as utility or visual 2. 10,000 feet for all other runways Should a 5,000 foot arc be encompassed by tangents connecting two adjacent 10,000 foot arcs, the 5,000 foot arc shall be disregarded in the construction of the perimeter of the horizontal surface. c. precision instrument approach zones (AC/P-lA): those areas below the precision instrument approach surface; which surface begins at the end of the primary surface with a width of 1,000 feet and extends outward 10,000 feet at a slope of 50 to 1 with an additional 40,000 feet at a slope of 40 to 1 and expanding to a far end surface width of 16,000 feet. -53- VOL 35 PAGE 805 ' d. non -precision instrument approach surface, areas below the non -precision instrument approach surface, which surface begins at the end of the primary surface with a width of 500 feet and extends upward and outward 10,000 feet at a slope of 34 to 1 and expanding to a width of 4,000 feet with visibility minimums as low as three-fourths statute mile; to a width of 3,500 feet with visibility greater than three- fourths of a statute mile and to 2,000 feet for a utility runway with a non -precision instrument approach e. visual approach zones (AC/VA): those areas lying below the visual approach surface which surface begins at the end of the primary surface with a width of: 250 feet for utility runways having only visual approaches; and a width of 500 feet for other than utility runways having only visual approaches and expanding to a width of 1,250 feet for a utility runway or 1,500 feet for other than a utility runway. f. transition zones (AC/T): those areas below the transitional surfaces, which surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline. 4. Height Limitations. a. In AC Sub -Zones, no structure or tree shall be erected., altered, allowed to grow nor be maintained in any sub -zone to a height in excess of the height limit herein established for such sub - zones. Such height limitations are determined for the conical and horizontal zones from the airport elevation. The runway and elevations are the basis for the height limitations for the approach surfaces. The height limitations for the transitional zones are based on adjacent runway elevations and the peripheral elevations of the approach, horizontal, and conical surfaces b. excepted height limitations, nothing in this ordinance shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to heights permitted under Article III; providing, that such tree or structure shall not exceed height limits provided in this section c. where an area is covered by more than one height limitation, the more restrictive limitations shall prevail. S. Use Restrictions. Notwithstanding any other provisions of this ordinance, no use may be made of land within any AC Zone in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otheriaise endanger the landing, taking off or maneuvering of aircraft. -S4- r VOL 35 PAGE 806 t 6. Hazard Marking and Lighting. If necessary and advisable to effectuate the purposes the AC Zone and be reasonable in the circumstances, the owner of any structure or tree which constitutes a hazard to avigation shall be required to permit the city, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard. -55- e VOL . 35 PAGE 807 a Section 3.145. NEIGHBORHOOD COMIERCIAL DISTRICT (C -N). I. Pur ose. The purpose of the Neighborhood Commercial is: a. to create areas suitable for commercial activities which supply goods and services to a residential or working population on a frequent need or convenience basis. This district will normally be supplemented by the general business activities and broad services available in a central business district within a reasonably accessible radius. b. this district shall be located in areas easily accessible to the population it is intended to serve. The area of each zone shall in general be only large enough to contain the stores and services found to be actually necessary to serve a given area but shall be large enough to provide a grouping. of stores and services. The effect shall be strategically located centers rather than scattered commercial spots. Wherever possible, the zone shall be of such size and shape as will accommodate a compact shopping center. "Strip" or "spot" zoning is to be avoided. 2. Adoption of Neighborhood Commercial District. Property may be designated neighborhood commercial in accordance with the provisions of this section; provided that the Planning Commission adopts the development plan for such property in accordance with this section and Article VII. 3. Permitted Uses. a. grocery store, delicatessen, meat market, or bakery b. clothes cleaning establishment or laundromats c. drug store d. nurseries and garden supply stores provided all outside storage and display is adequately screened e. beauty and barber shops f. a complex of three or more uses g. a use providing for outside open storage or display 4. Development.Improvement Prohibited Pending. Compliance. No excavating, grading, construction, improvement or building permits therefore shall be authorized or issued within the neighborhood commercial district pending compliance with the following: a. full compliance with all provisions of this section and Article VII including execution and filing of all documents required herein b. full compliance with the development plan. -56- rVOL 35 PAGE 868 S. Design Review Required. Property in a C -N district is subject to the provisions of the Design Review Ordinance; provided, however, that a conditional use permit granting approval to the property as a C -N District may dispense with the requirement for further application for Design Review approval if the design review standards and . criteria have been fully considered and approved in connection with the conditional use permit. -57- r VOL 35 PAGE 8099 Section 3.146. DEVELOPMENT STANDARDS. 1. In general. To insure effective development of the urban area, the followinp-dvelopment standards are adopted as part of the neighborhood commercial chapter in addition to all other development standards provided for in this ordinance and subdivision ordinance. In cases of conflict between standards set forth in this chapter and other parts of the city code the standards provided for in such other code sections shall control unless the planning commission grants a variance from said standards in the approval of the final plan or subdivision plat as provided in this article. 2. Compatibility with neighborhood. The development plan and program submitted by the developer as provided in this article shall present an organized arrangement of buildings, parking facilities, landscaping, and fencing to insure compatibility with the comprehensive plan and character of the neighborhood. 3. Use Limitations. a. No use shall be permitted which exceeds 4,000 square feet of retail sales floor area and an accompanying equal amount of storage area, or a total square footage of 8,000 square feet in conjunction with a single business enterprise and on any single premises. b. No use shall be permitted unless directly served by a collector street. c. All parking demand created by any use permitted under the provisions of this section shall be accommodated on the subject premises entirely off street; minimum standards for off street parking requirements shall be in accordance with the provisions of this ordinance. d. No use permitted by this section shall require the backing of traffic onto a public or private street, road or alley right-of-way to accommodate access to any use or the premises thereof. e. There shall not be more than one access from properties accommodating uses permitted by this section per each 300 feet of street frontage. If necessary to meet this requirement, permitted uses shall provide for shared access. f. All uses permitted in this zone shall be screened from abutting residential uses by densely planted trees and shrubs or sight obscurring fencing. g. No use shall be permitted if it will cause sound, noise, vibration, odor or flashing perceptible without instruments more than 200 feet from the boundaries of the originating premises. h. No use shall be permitted to operate for business between the hours of 11:00 p.m. and 7:00 a.m. except as approved by the commission. -58- i VOL 35 MEW 4. Dimensional Standards. a. No use permitted by this section, including buildings, storage areas or facilities, and required parking area, shall exceed more than 70% of the land area designed for such use. b. The minimum building setback from a street right-of-way line shall be 25 feet unless a greater setback is required for compliance with the comprehensive plan criteria or policies. c. The minimum setback between a structure and property line abutting a residential lot shall be five feet. d. The minimum setback between a structure and an existing use permitted by this section shall be three feet from the property line and at least ten feet from a structure on an adjoining property, or joined as a single structure. e. The maximum building height for any structure permitted in conjunction with a use permitted by this section shall be 35 feet. f. In no case shall a use permitted by this section be permitted on a lot or parcel less than that minimum lot area set forth in the adjoining or area zones, and in no case shall the minimum lot area be less than 7,500 square feet. g. The maximum lot area is 20,000 square feet. h. Landscaping shall cover 15% of the total lot area. 5. Off -Street Parking and Loading. In a C -N zone, off street parking and loading shall be provided in accordance with the provisions of Article V. 6. S's. Signs shall be provided in accordance with the provisions o Article IV. Section 3.147. PROCEDURE. 1. In general. a. An owner of property desiring to develop a neighborhood commercial district shall submit a development plan to the Planning Director together with the appropriate________ filing fee. For the purpose of -this section - if ovmer"s-hall ectionifowner"s-hall mean and include any public body, -corporation or holder of a written option to purchase said property. 2. Proposed Development. The development plan shall show in detail, the following in addition to other requirements of the Planning Commission: a. proposed land uses b. building types and coverage of real property c. circulation pattern of vehicular and pedestrian traffic d. parking e. landscaping -59- r VOL 35 PACE 811 3. Planning Staff Report. Upon filing of the development plan and receipt of the initial filing fee, the Planning Director and Superintendent of Public Works shall review the development plan and shall prepare for submission to the Planning Commission a planning staff report containing the following information in addition to such other information as is pertinent: a. a map showing the existing zoning of the subject property and adjoining properties within or without the boundaries of the City of Redmond b. existing land use map of the area within 1,000 feet of the subject property c. report comments on consistency of the proposed neighborhood commercial development with the comprehensive general plan, the zoning, subdivision ordinances of the City of Redmond and a prospective effect of said development on the immediate neighborhood. 4. Planning Commission Review. 1. Following receipt by the Planning Commission of the Planning Director's report upon the development plan, the Planning Commission shall hold a public hearing in accordance with the provisions of Article XI. 2. Upon review of the public hearing, or any continuance thereof, the Planning Commission may approve the plan, require amendment and modification thereto, or reject said application in accordance with this section and Article VII. S. Appeals. The decision of the Planning Commission regarding the development plan, may be appealed in the manner provided for in Article XI. .E f VOL 35 PAGE 812 A Section 3.150. PLANNED UNIT DEVELOMNIT DISTRICT (PUD) 1. Purpose. The purpose of the planned unit development district is to provide a greater flexibility in development of land; to encourage a variety in the development pattern of the community; encourage mixed uses in a total area which could not otherwise be efficiently and aesthetically developed as an integrated whole; encourage developers to use a creative approach in land development; conserve natural land features; facilitate a desirable aesthetic and efficient use of open space; create public and private common open spaces and flexibility and variety in the location of improvements on lots with diversity if the use is land. The planned unit development district is not intended to be simply a means of avoiding normal zoning requirements for a single use in a particular area. 2. Adoption of Planning Unit Development District. Any property may be designated as a planned unit development in accordance with the provisions of this article; provided that the Planning Commission adopts the final development plan for such property in accordance with this article, and Article VII. 3. Permitted Uses. The following uses may be permitted in a planned unit development: 1. Planned residential developments: a. single family dwellings b. multi -family dwellings and duplexes c. public and private non-profit parks and playgrounds community centers and recreation facilities d. common public and private open spaces e. hiking and riding trails f, private non-commercial clubs, such as golf, swimming, tennis, and country clubs g., accessory structures and uses 2. Planned commercial and industrial districts: a. uses permitted in the underlying district b. other uses as approved by the Planning Commission consistent with the development plan and program approved by the Planning Commission c. accessory buildings and uses 3. Planned civil, public service, and educational development districts: a. municipal and civic centers, libraries, parks and recreational facilities or such uses owned by any other political subdivision b. educational institution, public or private c. hospitals, including retirement homes d. research facilities limited to academic research functions e. service uses including but not limited to civic theaters, museums, churches, convents, and monasteries. -61- 35 rAg 4. Development Improvement Prohibited Pending Compliance. No excavating, grading, construction, improvement or building or permits therefore shall be authorized or issued within the planned unit development district pending compliance with the following: a. full compliance with all provisions of this article including execution and filing of all documents required herein b. compliance with the subdivision code of DeschutesCounty-, improvement ordinances of Deschutes County and building code of Deschutes County. C. full compliance with the final development plan and program. 5. Design Review Required. Property in a PUD district is subject to the provisions of the Site and Design Review Ordinance; provided, however, that approval of a PUD may dispense with the requirement for further application for Design Review approval if the design review standards and criteria have been fully considered and approved .in connection with the PUD application. Section 3.160. DEVELOPMENT STANDARDS. 1. In general. 1'o insure effective development of the urban area, the following development standards are adopted as part of the planned unit development chapter in addition to all other development standards provided for in this ordinance and subdivision ordinance. In cases of conflict between standards set forth in this chapter and other parts of the county code the standards provided for in such other code sections shall control unless the planning commission and Board shall have granted a variance from said standards in the approval of the final plan or subdivision plat as provided in this article. 2. Minimum development district size. Planned unit developments shall be established only on parcels of land which are suitable for the proposed development and of sufficient size to be planned and developed in the manner consistent with the purposes of this article. A planned development shall not be established on less than four acres of contiguous land unless the planning commission finds that property of less than four acres is suitable as a planned unit development district by virtue of its unique character, topography or landscaping features, or by virtue of its qualifying as an isolated problem area as determined by the planning commission. -62- 3. Compatibility with Neighborhood. VOL 35 fAcF 8.x,=4 The development plan and program submitted by the developer as provided in this article shall present an organized arrangement of buildings, service facilities, open spaces, and improvements such as recreation facilities, landscaping, and fencing to insure compatibility with the comprehensive plan and character of the neighborhood. Adequate services normally rendered by the city to its citizens must be available to the proposed development at the time of development. The coun at the time of approval of the final plan or subdivision plat within a planned unit development may require the developer to provide special or oversize sewer lines, water lines, roads and streets or other service facilities to serve the planned unit development and the county shall not be required at the time of such approvals to expen a ditional capital or operating funds to undertake additional building programs or equipment acquisitions to insure special road, sewer, lighting, water, fire, or police service that may be specially required by the nature or size of the planned unit development. 4. Building Coverage. The building coverage for any planned unit development shall not exceed 40 percent of the land area being developed exclusive of public and private streets. S. Residential density. The maximum number of dwelling units permissible in a Planned Residential Unit Development shall be derived as follows: a. determine gross development land area: subtract from the gross area (1) publicly owned land and (2) commercial or industrial land b. apply the following maximum density guide lines to the gross development land area: 1. R-1 - - 5 units per acre 2. R-2 - - 8 units per acre 3. R-3 - - 8 units per acre 4. R-4 - - 11 units per acre S. R-5 - - 16 units per acre 6. Peripheral Yards. Along the periphery of any planned unit development zone, a yard at least as deep as that required by the front yard regulations of each underlying zone shall be provided on the periphery of the Planned Unit Development, unless the planning commission determines that equal protection will be accorded adjoining properties in varying the yard requirements. Open space may serve as peripheral yards and/or buffer strips to separate one planned residential district from another if the planning commission interprets such a dual purpose use of the land to be in compliance with this section. -63- ' 7. Open Space. [VOL 35 FACE 815 Open space within a planned unit development means the land area to be used for scenic, landscaping, or open recreational purposes within the development. Open space shall be adequate for the recreational and leisure needs and use of the occupants and users of the planned unit development. To the maximum extent possible the development plan and program shall assure that natural features of the land are preserved and landscaping is provided. In order to insure that open space will be permanent, dedication of the development right to Deschutes County -- may be required. Such instruments and documents guaranteeing the maintenance of open space shall be required by `rDeschutes County and shall be approved as to form by the County Counsel. Failure to maintain the open space or any other property set forth in the development plan and program shall empower Deschutes County-- to enter the property and bring said property up to the standards set forth in the development plan and program and the county may assess the real property and improvements. thereon located within the planned unit development for the cost of creating and maintaining said open and recreational lands as set forth in the development plan and program at its option. 8. Commercial development in planned residential developments. Commercial uses in a planned residential development may be allowed. Only those commercial uses which are designed to serve the residents of the planned residential development and are permitted as outright uses in a neighborhood commercial district may be conditionally allowed subject to all requirements of the zoning and subdivision codes of the city. 9. Construction standards. The provisions of the Zoning, Subdivision, Site and Design, Signs and Improvement Ordinances and the Building Code shall apply and control all design and construction of improvements within a planned unit development except as specifically varied by the planning commission in approval of the final plan and subdivision plat as provided for in this section. 10. Street and utilities. All construction of streets and utilities within planned unit developments shall comply with county standards. All _streets shall be deeded public right-of-ways and the applicant shall provide to the county easements for all public_ utilities (sewer, water) on the subject property. Section 3.170. PROCEDURE. 1. In general. a. any ouner of real property desiring to develop a planned unit development shall submit a preliminary development plan and program to the Planning Director of Deschutes. County together with the preliminary filing fee. For the purpose of this section 'owner" shall mean and include any public body, rvoi 35 FACE 816 corporation or holder of a written option to purchase property. An owner of land located outside of but contiguous to a city boundary may submit a preliminary development plan the planning commission may review it in accordance with the provisions of this ordinance. Such preliminary development plan and program shall consist of a preliminary plan in schematic design and a written program jointly containing the following information: b. identification and description - proposed names of planned unit development, location by legal description, names addresses of applicant and designers of the planned unit development; scale of plan (1 inch to 100 feet); date of plan and program; and. north point. c. existing conditions - contours at an interval of one foot for ground slopes less than five per cent (S%), two feet contour intervals for gound slopes between five per cent (S%) and ten percent (10%), five feet contour intervals for ground slopes exceeding ten percent (10%) location and direction of all water courses; natural features, such as rock outcropping, marshes, wood areas, etc.; location and maes of all existing or prior platted streets or other public ways, railroad and utility rights - .of -way, parks and other public open spaces, permanent buildings and structures and their uses, permanent easements and city boundaries within five hundred feet of the development; existing sewers, water mains, culverts and other underground facilities within the development, indicating pipe sizes, grades, manholes and their exact location; and the land ownership. 2. Proposed Development. A preliminary plan shall show the following in addition to other requirements of the Planning Commission: a. proposed land uses and densities b. building types and coverage of real property c. circulation pattern of vehicular and pedestrian traffic d. parks, playgrounds open spaces The preliminary written program shall contain the following information in addition to other requirements of the planning commission: a. proposed ownership pattern b. operation and maintenance proposal (neighborhood easements, condominiums, co-ops, neighborhood associations, etc.) c. waste disposal facilities d. lighting e. water supply, public transportation, community protection, shopping f. general time table of development g. names and addresses of the proposed design team for preparation of the final plan and program together with their qualifications. 3. Staff Review Upon filing of the preliminary development plan and program and receipt of the initial filing fee, the Subdivision Review Committee -6S- rVOL 35 PAA17 shall review the preliminary development plan and program and shall prepare for submission to the planning commission a planning staff report containing the following information in addition to such other information as is pertinent: a. a map showing. the existing zoning of the subject property and adjoining properties within or without the boundaries of the City of Redmond b. existing land use map of the area within 1,000 feet of the subject property c. report comments on consistency of the proposed planned unit development with the comprehensive general plan, the zoning, subdivision ordinances of Desel-Rates County and a prospective effect of said planned unit development on land use, traffic, city services, etc. 4. Planning Commission Review. Following receipt by the Planning Commission of the Planning Director's report upon the preliminary development plan and program, the Planning Commission shall hold a public hearing in accordance with the provisions of Article XI. S. Decision. Upon review at the public hearing, or any continuance thereof, the Planning Commission may approve the principal of the preliminary plan and program, require amendment and modification thereto, or reject said planned unit development in accordance with this section and Article VII of this ordinance. 6. Appeals. The decision of the planning commission regarding the preliminary plat and program may be appealed in the manner provided for in Article XI. Section 3.180. FINAL DF.VF1,OP1',F.NT PLAN AND PROGRAM. 1. Time Limit for Filing. Upon acceptance in principle by the planning commission or acceptance in principle with modifications required by the planning commission of planned unit development, the owner -applicant shall file with the Planning Director within one year of the preliminary approval of the planning commission, a final development plan and program. The planning commission may grant an extension for filing an additional 180 days upon request by the owner -applicant. In addition, the developer may submit such additional data as may be required by the subdivision code of the county seeking contemporaneous app h aroval of the subdivision plat witpproval of the final plan and program. 2. Required information. The final development plan and program shall contain the following information: -66- CVOL 35 PAGE 818 a. Land use: 1. a land use plan indicating all proposed uses within the planned unit development 2. all areas proposed to be dedicated or reserved for interior circulation, public parks, playgrounds, school sites, public buildings or otherwise dedicated or reserved to the public 3. open space that is to be maintained and controlled by the owners of the property and their successors in interest available for the recreational and leisure use of the occupants and users of the Planned Unit Development. b. Contours and drainage: 1. contours as they will be after development 2. drainage system and sanitary sewers and treatment facilities as required. c. Circulation: 1. a street system and lot design with appropriate dimensions. A subdivision plat if the land is to be subdivided shall comply with this requirement 2. a traffic flow map showing circulation patterns within and adjacent to the proposed development. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of the circulation pattern shall be shown 3. location and dimension of pedestrian walkways, malls and foot and horse trails. d. Parking and loading: 1. location, arrangement, number, and dimension of automobile garages, parking spaces and the widths of aisles, bays, and angle of parking 2. location, arrangement, and dimensions of truck loading spaces and docks e. Architectural sketches: The developer shall submit preliminary architectural sketches depicting the types of buildings and their approximate location on lots. The sketches shall also depict the general height, bulk, and type of construction and proximity of structures on lots. f. Landscaping: Developer shall submit a preliminary landscaping plan depicting, tree plantings, ground cover, grades, slopes, screen plantings and fences, etc, and showing existing trees in excess of twelve inches in diameter measured four feet from ground level and . showing the location of trees to be.removed by the development. -67- r' r VOL e35 FAQ£ 19 g. Program elements: The written program shall contain the following elements: 1. table showing the total number of acres and their distribution by use, the percentage designated for each dwelling type and for non-residential uses, including off street parking, streets, parks, playgrounds, schools, and open spaces as shown in the proposed development plan 2. table showing the over all density of the proposed residential development and showing density by dwelling types 3. Drafts of appropriate restrictive covenants and all other documents providing for the maintenance of any public , open spaces and recreational areas not dedicated to the city including agreements by property owners associations, dedicatory deeds, or reservations of public open.spaces. 4. a time schedule showing construction commencement, rate of development, and approximate completion date for each phase of construction and type of structure S. the stages for development of private and public facilities planned 6. written consent of all persons owning any interest in the real property within the planned unit development to the final development plan and program 7. such other information as the planning commission may require. 3. Planning Commission Action. Upon receipt and review by the Planning Director of the final development plan and program, the planning commission at a regular public meeting shall either: a. consider the final development plan and program as being in compliance with the requirements and intent of this ordinance with its recommendation that the planned unit development district be established on the property in question b. continue the public hearing to a date certain and refer the final development plan to the Planning Director with recommendations as to amending the proposed development plan and program c. di.sapprove the final development plan and program as inconsistent with the approved preliminary plat and program. 4. Appeals. The decision of the planning commission regarding the development plan may be appealed in the manner provided for in Article XI. S. Filing of approved final plan and program. Following approval, the owner -applicant shall file with the _Deschutes County Clerk and the planning director Of Deschutes County, a conformed and approved final development plan and program together with all documents approved as to form by the eat�eounselrelating to dedication, improvements, maintenance agreements, covenants, deed restrictions, and by laws of neighborhood -68- von 35 FAcF 82o associations, cooperatives, and improvement of the district. 6. Control of the Development After Completion. The final development plan shall continue to control the planned unit development after it is finished and the following shall apply: a. the building official in issuing a certificate of completion of the planned unit development shall note the issuance on the recorded final development plan b. after the certificate of completion has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned unit development shall be governed by the approved final development plan c. after the certificate of completion has been issued, no change shall be made in development contrary to the approved final development plan without approval of an amendment to the plan except as follows: 1. minor modifications of existing buildings or structures may be authorized by the Planning Director if they are consistent with Lie purposes and intent of the final plan and do not increase the cubic.00tage of a building.or structure. 2. a building or structure that is totally or substantially destroyed may be reconstructed without approval of an amended planned unit development if it is in compliance with the purpose and intent of the final development plan. d. an amendment to a completed planned unit development may be approved if it is reauired.for the continued success of the planned unit development, if it is appropriate because of changes in conditions that have occurred since the final development plan was approved or because there have been changes in the development policy of the community as reflected by the comprehensive plan or related land use regulations. e. no modification or amendment to a completed planned unit development is to be considered as a waiver of the covenants limiting the use of the land, buildings, structures and improvements within the area of the planned unit development; and all rights to enforce these covenants against any change permitted by this section are expressly reserved._ *e r VOL 35 PACE 821 ARTICLE IV. SUPPIMINMY PROVISIONS Section 4.010. ACCESS MINNIMW LOT FRONTAGE. Every lot shall abut a street, other than an alley, for at least 50 feet. Section 4.020. ESTAELISHMENT OF CLEAR VISION AREAS. In all zones, on all corners of all building sites adjacent to the intersection --of two streets or of a street and a railroad, within a traingle formed by the street lines of such building site (ignoring any corner radius) and a line drawm between points on such street lines at designated distances from the intersection thereof, there shall be no fence, wall, hedge, or building higher than ghree feet nor any obstruction to vision other than a post column or tree trunk (clear of branches or foliage) between a height of three feet and a height of eight feet above the level of the curb, or of the level of the above mentioned point of intersection if the streets are sloping. (see figure 5). Section 4.030. MEASUREMENT OF CLEAR -VISION AREA. A clear vision area shall consist of a triangular area two sides of which are of sizes measured from the corner intersection of the street lot lines for a distance specified in this regulation, or, where the lot lines have rounded corners, the lot line extended in a straight line to a point of inter- section and so measured, and the third side of which is a line across the corner of the lot joining the non -intersecting ends of the other two sides. The following measurements shall establish clear vision areas within the urban area: 1. In an industrial zone, the mine an distance shall be 30 feet. However, at the intersection of an alley and a street, the distance shall be 10 feet. 2. In all other zones, the minima.n distance to street and road right-of-way widths as of an alley and a street in a residential be 15 feet. Raw Width 80 feet & mare 60 feet 50 feet shall be in relationship follows except at intersections zone, the minimun distance shall Clear -vision Measurement 20 feet 30 feet 40 feet Section 4.040. MINIMUM STANDARDS FOR THE CONSTRICTION OR ALTERATION OF SERVICE STATIONS. Any service station which is constructed or undergoes major alteration ter e e ective date of this ordinance shall conform to the following standards: 1. Location. No portion of any service station shall hereafter be constructed within 1,500 feet of any part of a building housing another service station, except where such other service station is abandoned and subject to removal under this section. -70- 2. Minimum lot size: VOL 35 PAGE 822 a. the minimum lot size for a service station site shall be 10,000 square feet on a corner lot and 12,000 square feet on any other lot b. the minimum street frontage on the major traffic -carrying street of a corner lot shall be 100 feet c. the minimum street frontage for a service station site on other than a corner lot shall be 120 feet d. the minimum lot depth shall be 100 feet. 3. . Setbacks. The service station and any attached or free standing canopies on the service station property shall be set back not less than 10 feet from any property line. 4. Screening: a. when property used for a service station abuts on property used for residential purposes, there shall be placed along the boundary between the residential property and the service station a solid wall or fence 6 feet high, or as an alternative, an evergreen hedge at least 4 feet high and capable of attaining a height of 6 feet b. any area used for the storage of trash or other waste shall be.screened by a solid wall or fence which prevents the said objects from being visible from any public street or sidewalk. S. Landscaping: There shall be landscaping on at least 4 percent of the service station lot. Landscaping plans shall be approved during site plan review as set forth in this ordinance. 6. Lighting: a. Lighting shall be of such illumination, direction, color, and intensity as not to create a nuisance on adjacent property or to create a traffic hazard b. wiring for the business and its signs and outdoor light fixtures shall be underground. 7. Major alteration. "Major alteration" shall include any improvement expansion or structural changes which do not constitute ordinary upkeep or minor repairs. 8. Off -Street parking. An off street parking space shall be provided for the employees and operators of the service station. 9. Permitted activities. A service station may engage in the following activities which are incidental to its use as a service station: the sale and installation of motor vehicle accessories, motor vehicle repairs, and any other sale, service, or activity customarily provided by service stations. -71 �VQL 35 PAGE 823 Section 4.050. SERVICE STATION ABAN 1Q11F,NT. 1. Abandonment. Whenever a service station is not.in use as a service station for a continuous period of twelve months, all structures and facilities above and below the ground located on the lot which were connected with the operation of the service station shall be removed, unless said structures are converted to another use as allowed by the Planning Commission. It shall be the primary responsibility of the owner of the improvements to comply with the directives of this ordinance. In the event that the owner of said real property fails to comply, the apunty_Tnpy remove_the __iprrov_ements and make the costs of said removal a lien against the property. Operation for at least 90 consecutive days shall be required to interrupt a awtirwous twelve month period. 2. All service stations which are unused for twelve months as provided above are hereby declared to be nuisances and subject to abatement as hereinafter provided. 3. Inspections. The counter en&ineer shall, at his discretion, make periodic inspection; and when a service station has been found not to be in use as a service station for a period of 122 consecutive months, the following persons shall be notified of the requirements to be met under this ordinance: a. the record owner of the real property b. the oil company that last supplied petroleum products to the station c. the last operator of the station. 4. Notice. The following shall be satisfactory notice under this section: a. a notice shall be prominently posted on the premises where the station is located, directing the owner or person in charge of the station to comply with the directives of this ordinance b. at the time of posting, the elerk shall cause a copy of the notice to be forwarded by registered or certified mail, postage prepaid, to the persons named above c. the notices shall contain: 1. a description of the real property, by street address or otherwise, on which the service station is located. 2. a description of the removal work necessary to comply with this ordinance 3. a direction to comply with the requirements contained in said notice within 30 days from the date of notice 4. a statement that unless the required work is done, the county may do it _that the coat_th�reof shall bea lien against the property, and that failure to so perform may result in court prosecution S. a statement that the owner or other person in charge of the property may appeal the directive contained in the notice by notifying the recorder in.writing within 10 days from the date of the notice. d. Upon completion of the posting and mailing, the person posting and mailing the notice shall execute and file a certificate stating.the date and place of mailing and posting -72- r VOL 35 PAGE 8 e. an error in the name or address of the owner or person in charge of the property or the use of a name other than that of the owner of such other person shall not make the notice void, and in such a case the posted notice shall be sufficient. 5. An order of the ca mty engineer may be appealed 'by _filim_aiaritten notice with the recorder within 16 days after the order is received or refusal communicated. The appellant and the _countven neer_sha,ll be granted a hearing before the Board, -and action taken by the Board after the hearing shall be final. .■ -73- NOL 35 FACE 825 Section 4.055. STANDARDS FOR MULTI -FAMILY DIVTLLING COMPLEX R-5 ZONE. A multi -family -dwelling complex shall complywith the following additional provisions: a. There shall be no outdoor storage of furniture, tools, equipment, building materials of supplies belonging to the occupants or management of the complex b. if such a complex or any unit thereof is more than 500 feet from a public fire hydrant, such shall be provided at appropriate locations on a vehicular way and shall conform in design and capacity to the public hydrants in the city c. a minimum of at least 2,500 square feet plus 150 square feet per dwelling unit shall be provided for a recreational play area, group or community activities. Such area shall be improved with grass, plantings, surfacings, equipment or buildings suitable for recreational use. The commission may require this area to be protected from streets, parking areas, or the like, by -a fence or the equivalent d. all such complexes with more than 20 dwelling units shall be located so as to have access on a street designated as a collector unless otherwise approved by the commission e. all roadways and parking areas shall be paved and roadways shall not be less than 20 feet in width f. a sight obscurring fence or evergreen hedge may be required by the commission when, in its judgement such screening is necessary to preserve the values of nearby properties, protect the aesthetics character of the neighborhood or vicinity, and to provide security for occupants of the subject complex g. all structure associated with such a complex shall be setback 30 feet from the property line of an abutting single family residential lot or use unless approved otherwise by the commission h. sidewalks or other approved surfaced pedestrian walkways shall be provided i. bicycle parking facilities shall be provided. -74- -75- 35 PAGE 826 Section 4.060. STANDARDS FOR MOBILE HOMES. I. The mobile home shall be a double wide or wider unit and shall contain a minimum of 950 square feet of living space, except that mobile homes located on interior lots of a duly platted and approved mobile home subdivision or PUD may be single wide units with minimum of 750 square feet; said standard does not apply to units within an approved mobile home park. 2. the mobile home shall be placed on a foundation having permanence and strength equal to that provided by a concrete or masonry block foundation, and such foundation shall be installed according to manufacturer's instructions approved by the State Department of Commerce, and all road and transient lights, wheels and hitch shall be removed. 3. All plumbing, electric and gas service connections shall be made according to instruction approved by the State Department of Commerce.. 4. The mobile home shall have a continuous perimeter of skirting that shall be composed of nonflammable material and finish compatible with the exterior of the mobile home. Such skirting shall be secure against the entrance of animals, but there shall be provisions for ventilation and access to the space under the unit. Unless the mobile home is placed on a basement foundation, any variations to skirting construction shall be approved by the Building Officer prior to construction. 5. The mobile home unit shall be manufactured after June 152 1976, and bear the Department of Housing and Urban Development Insignia of Compliance. All pre -occupied units (i.e. used) shall be inspected by the Building Officer prior to installation and occupance to insure compliance with applicable standards required for the "Insignia of Compliance" and to insure that such units are in such a condition as to not be detrimental to the public health, safety, and general welfare to adjoining properties. 6. All mobile home accessory buildings and structures shall comply with state and local construction and installation standards. Mobile home accessory structures include porches and steps, awning, cabanas, carports, or any other structural support, or in any manner is immediately adjacent to or attached to the mobile home. Such structures or additions shall not total more than 300 of the total living space of the mobile home and such structures or additions combined. Roofing and siding materials shall be of similar material and color and complimentary to the existing mobile home unit. Ramadas shall not be permitted. 7. The roof shall have a minimum slope of 160 (2:12) and be complimentary to the mobile home unit. 8. The mobile home shall be installed within 180 days after issuance of a permit. -75- f r VOL 35 PAGE 82 1 Section 4.070. DFVELOPtvIENI' STANDARDS ALONG THE PERIMETER OF THE "CANYON" 1. All lots fronting on the Canyon rim shall be a minimum of 9,000 square feet. 2. Mobile homes shall not be permitted within 200 feet of the Canyon rim. 3. All development within 200 feet of the Canyon rim shall be subject to a special site development plan review; consideration shall be given to site landscaping, maintenance of the visual aesthetics, retention of native vegetation, minimization of natural ground area disturbances, special setbacks, etc. 4. No structure within 200 feet of the Canyon rim shall exceed the height of 30 feet above ground level. 5. No building shall be permitted within twenty feet of the canyon rim. Decks or patios shall be setback from the canyon rim the equivalent number of feet as the height of the deck patio from the ground. or 6. Fences near the canyon rim shall be subject to Site and Design Review. Section 4.080. SIGNS. 1. Residential Zones. The following limitations shall apply to signs in the R-1, R-2, R-3, R-4 and R -S zones: a. one name plate sign for each dwelling unit. The sign shall not be more than one and one-half square feet in area and shall not be specifically illuminated. b. 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 specifically illuminated. c: 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 32 square feet in area, shall not be specifically illuminated, and shall be back at least 10 feet from a.front or side property line. d. one sign identifying a conditional use. The sign shall not be more than 24 square feet in area, shall not be specifically illuminated, and shall be set back at least 10 feet from a property line. e. one sign identifying a subdivision multi -family dwelling complex or PUD located at the entrance thereto. The sign shall not be more than 32 square feet in area, shall not be specifically illuminated, and shall be set back at least 10 feet from a property line. 2. Commercial Zones. The following limitations shall apply to signs in the C-1, C-2, C-3, C-4, C -S and N -C zones: a. Signs shall be set back at least 10 feet from a lot in a residential zone. b. Signs shall not be placed (pose or overhand) or projected into street right-of-way as adopted in the Redmond Comprehensive plan. -- -76- 3. Industrial Zones. The following limitations shall apply to signs in the M-1 and M-2 zones: a. Signs shall be set back at least 2S feet from a lot line in a residential zone. b. Signs shall not be placed (post or overhang) or projected into a street right-of-way as adopted in the City Comprehensive Plan. c. In the event that a person desiring to erect or place a sign does not know or is uncertain where the street right-of- way is located, he, --shall contact the Planning Director for assistance. d. Signs shall be oriented in a manner so as not to cast direct light on adjacent or nearby residential property. e. 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 specifically illuminated. f. 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 32 square feet in area, shall not be specifically illuminated, and shall be at least 10 feet from a property line. g. One sign on the building to which it relates for each street frontage and not exceeding an area equivalent to one square foot of sign area for each linear foot of the building facing the street that borders on the building site to a maximum sign area of 7S square feet. For building sites on which the principal use is not conducted within a building, a detached sign may be erected having an area not to exceed one square foot for each two linear feet of street frontage to a maximum of 7S square feet and with an allowable minimum of 2S square feet. -77- VOL 35 PAGE 828 ' c. In the event that a person desiring to erect or place a ' sign. does not know or is uncertain where the street right- of-way is located, he shall contact the Planning Director for assistance. d. Signs shall be oriented in a manner so as not to cast direct light on adjacent or nearby residential property. e. 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 specifically illuminated. f. 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 specifically illuminated. g. One sign on the building to which it relates for each street frontage and not exceeding an area equivalent to one square foot of sign area for each linear foot of the building facing the street that borders on the building site to a maximum sign area of 1S square feet. For building sites on which the principal use isnot conducted within a building, a detached sign may be erected one square foot for each two linear feet of street frontage to a maximum of 75 square feet and with an allowable minimum of 2S square feet. 3. Industrial Zones. The following limitations shall apply to signs in the M-1 and M-2 zones: a. Signs shall be set back at least 2S feet from a lot line in a residential zone. b. Signs shall not be placed (post or overhang) or projected into a street right-of-way as adopted in the City Comprehensive Plan. c. In the event that a person desiring to erect or place a sign does not know or is uncertain where the street right-of- way is located, he, --shall contact the Planning Director for assistance. d. Signs shall be oriented in a manner so as not to cast direct light on adjacent or nearby residential property. e. 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 specifically illuminated. f. 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 32 square feet in area, shall not be specifically illuminated, and shall be at least 10 feet from a property line. g. One sign on the building to which it relates for each street frontage and not exceeding an area equivalent to one square foot of sign area for each linear foot of the building facing the street that borders on the building site to a maximum sign area of 7S square feet. For building sites on which the principal use is not conducted within a building, a detached sign may be erected having an area not to exceed one square foot for each two linear feet of street frontage to a maximum of 7S square feet and with an allowable minimum of 2S square feet. -77- . _ -1-1-111--l- _ 111.1._..._. - 1 I vos: 35 ?acF 829 Section 4.090. FENCES. 1. Fences a. Provisions for regulating fences on interior side or rear lots: 1. A fence, lattice work, screen, or wall not more than six feet in height may be located in any required side rear yard. b. Provisions for regulating fences and hedges in front exterior and side yards: 1. A fence or wall, other than a retaining wall, located in a required front yard or the required side yard on the street side of.the corner lot, shall not exceed a height of three feet. Section 4.095. HOME OCCUPATION. When permitted as an accessory use, the following limitations will be conditions: 1. The home occupation is to be secondary to the main use of the property as a residence. 2. No structural alterations shall be allowed to accomodate the home occupation except when otherwise required by law, and then only after the plans for such alterations have been reviewed and approved by the Planning Commission. Such structural alterations. shall not detract from the outward appearance of the building as an accessory structure to a residence. 3. No materials or mechanical equipment shall be used which will be detrimental to the residential use of the proper or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors. 4. No materials or commodities shall be delivered to or from the property which are of such bulk or quantity as to require delivery by a commercial vehicle or a trailer or the parking of customer's vehicles in a manner or frequency as to cause disturbance or inconvenience to nearby residents or so as to necessitate off street parking. S. No exterior storage or display shall be permitted. 6. 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. 7. There shall be no retail sales from the premises. 9. A home occupation which creates a nuisance because of noise, smoke, dust, gas or the generation of excessive vehicle traffic is prohibited. Section 4.100. STANDARDS FOR ARTERIAL AND COLLECTOR STREETS. Industrial and Commercial developments fronting on, siding on, adjacent to or creating arterial or collector streets shall comply with the following standards: h von. 35 ff93 0 1. Front or sideyard setback areas and right-of-way areas between the proposed curb or edge of pavement shall be landscaped and maintained by the contiguous owner. A plan of said landscaping shall be submitted in accordance with development plan requirements of Ordinance 502. Landscape features can include techniques such as berms, walls, fences, screens and other landscape methods. Storage areas, parking areas, loading or unloading areas and all other unsightly or unmanageable areas shall be totally screened from view from arterials or collectors. Natural, aesthetically pleasing areas within the setback area or wherever practical within the public right-of-way shall be left natural and incorporated into the development theme for the balance of the landscape area. Median strips in arterials shall be maintained by the Crnmty butnaybe required as part of developer improvements when development plan approval is requested. Installation of a total width median strip would be the minimum requirement in such cases. Median strips shall have a minimum width of 201, but may also be wider as required during development plan review and approval. -79- VOL ARTICLE V. OFF-STREET PARKING AND LOADING REQUIREMENTS MM, Section 5.010. OFF-STREET PARKING. At the time a building is constructed or enlarged, off-street parking space 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 ary space within a building devoted to off-street parking or loading. IVhen 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 family dwelling or mobile home Two family dwelling Multi -family dwelling (2) Commercial Residential Uses Motel or hotel Club or lodge Rooming or boarding house (3) Institutions Convalescent hospital, nursing home, sani- tarium, rest home Library, museum, art gallery Hospital := STAnvAFD Two spaces per dwelling unit on a single lot. Two spaces per dwelling unit a single lot. . Spaces equal to 1.5 times the nunber of dwelling units; where fractioned, next highest full unit; plus one additional space for owner or manager and one space per five dwelling units for guests, trailer and boat storage; except in the case of complexes restricted to the aged the number of spaces may be reduced by 300.' One space per guest or suite, plus one space for the owner or manager. Spaces to meet the combined re- quirements of the uses being con- ducted such as hotel, restaurant, etc. One space for each guest room. One space per two beds for patients or residents. One space per 250 square feet of gross floor area. Spaces equal to 1.5 times the number of beds; where fractioned, next highest full unit. USE 4. Places of Public Assembly Church Community swimming pool Elementary or junior High School Other auditorium or meeting room S. Commerical Amusements Stadium, arena, theater, etc. Bowling establishment .without restaurant Bowling establishment with restaurant Dance hall or skating rink 6. Commercial Retail store Service or repair shop, retail business handling bulky merchandise such as automobiles and furniture. Business or professional office -81- rVOL 35 PAGE 832 STANDARD One space per four seats in the main auditorium One space per 40 square feet of pool area 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 gross floor area One space per four seats Six spaces per alley Eight spaces per alley One space per 100 square feet of gross floor area. One space per 200 square feet of gross floor area One space per 6CC square feet of gross floor area One space per 300 square feet of gross floor area One space per 400 square feet of gross floor area VOL 35 PACE 833 STANDARD One space per 100 square feet of gross floor area One space per four seats in the chapel One space per employee, if possible to determine; otherwise one space per 800 square feet of gross area One space per employee, if possible to determine, otherwise one space per 1,000 square feet of gross floor area. ASF Eating or drinking establishment Mortuary 7. Industrial Industrial, manufacturing, research and freight and terminal uses Wholesale establishment, warehouse or bulk storage VOL 35 PACE 833 STANDARD One space per 100 square feet of gross floor area One space per four seats in the chapel One space per employee, if possible to determine; otherwise one space per 800 square feet of gross area One space per employee, if possible to determine, otherwise one space per 1,000 square feet of gross floor area. VOL 35 PACE 034 Section 5.020. 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. Off- street parking areas used to fulfill requirements of this ordinance shall not be used for loading and unloading operations except during periods of the day when net required to care for Farking 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 or 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. ?, In the event that 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. 4. Owners of two or mere uses, structures or parcels of land may agree to utilize jointly the same 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. S. 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 300 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 parking of trucks used in conducting the business or use. 7. In any zone in connection with every building or part thereof hereafter erected and having a gross floor area of 10,000 square feet or Fiore, which is to be occupied for manufacturing, storage, warehousing, goods display, retail sales, a hotel, a hospital, a mortuary, a laundry, J.rycleaning_establislnent, or other uses similar requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained at least one off-street loading berth, plus one additional such M. VOL 35 PAGE835 20,000 square feet. Said loading berth shall be provided with access, driveways and surfacing in the same manner as for off- street parking, except that each space shall be 10 feet wide and 22 feet long with a height clearance of at least 14 feet. A sight obscurring screen, berm or landscaping shall conceal all loading areas from view from public streets or roads. 8. Loading and unloading of merchandise, equipment, etc. shall not be permitted from public streets or roads. :A VOL 35 PAGE 836 Section 5.030. DESIGN AND IMPROMff NT STANDARDS FOR PARKIN?G LOTS. The design and improvement standards for parking lots are: 1. Each part-ing space or stall shall be governed by the requirements of Section 5.040, and in no case have less than a minimum width of 8 feet and a minimum length of 18 feet but in any case must have at least a total area of 144 square feet and must be individually accessible, be paved, and be 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 clearance 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. S. 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. 8.. Driveways shall have a minimum vision clearance area formed by the intersection of the driveway= centerline, the street right- of-way line, and a straight line joining said lines through points 30 feet from their intersection. 9. The following standards shall apply to parking within industrial zones. a. Parking shall not be allowed within the front yard or side yard setback areas. b. Parking shall not be allowed on collectors or arterials when industrial zoning is contiguous to said street. c. All parking areas shall be limited to 60 spaces plus access --additional required parking shall be separated by 5' landscaped strips except for access. The 60 parking spaces shall be referred to as a cluster of parking. -85- 35 FAcE 837 Section 5.040. PARKING TABLE A'C'T► DIAGRIIVI. Parking table. The following table provides the minimtun dimensions of public or private parking areas based on the diagram on the same page where "A" equals the parking angle, "B" equals the stall width, "C" equals the minimum stall depth, I'D" equals the minimum clear aisle width, "E" equals the stall distance at bay side, "F" equals the minimum clear bay width and "G" is the maximum permitted decrease in clear aisle width for private parking areas. PARKING TABLE A B C D E F G P a r a 81011 12.0 22.0 20.0 2 I e 8'0" 13.6 11.0 23.4 24.6 8'6" 14.1 11.0 24.9 25.1 200 9'0" 14.6 11.0 26.3 25.6 1 10'0" 15.5 11.0 29.2 26.5 8'0" 16.0 11.0 16.0 27.0 81611 16.4 11.0 17.0 27.4 300 910" 16.8 11.0 18.0 27.8 1 91613 17.3 11.0 19.0 28.3 10'0" 17.7 11.0 20.0 28.7 8'0" 18.4 14.0 11,3 32.4 8'6" 18.7 13.5 12.0 32.2 450 960" 19.1 13.0 12.7 32.1 3 9'6" 19.4 13.0 13.4 32.4 1010" 19.8 13.0 14.1 32.8 8'0" 19.7 19.0 9.2 38.7 8'6" 20.0 18.5 9.8 38.5 600 9'0" 20.3 18.0 10.4 38.3 3 9'5" 20.5 18.0 11.0 38.5 10'0" 20.8 18.0 11.5 38.8 8'0" 19.8 20.0 8.5 39.8 8'6" 20.1 19.5 9.0 39.6 700 9'0" 20.4 19.0 9.6 39.4 3 9'6" 20.6 18.5 10.1 39.1 _ 1010" 20.9 18.0 10.6 38.9 8'0" 19.2 25.0 8.1 44.2 8'6" 19.3 24.0 8.6 43.3 1800 9'0" 19.4 24.0 9.1 43.4 3 9'6" 19.5 24.0 9.6 43.5 t10'0" 19.6 24.0 10.2 43.6 _ 8'0" 18.0 26.0 8.0 44.0 8' 6" 18.0 25.0 8.5 43.0 900 910" 18.0 24.0 9.0 42.0 3 9'6" 18..0 24.0 9.5 42.0 10'0" 18.0 24.0 10.0 42.0 ff:Y/A VOL 35 FAG'E 838 F D C' E PARKING DIAGRAM The above diagram is explana- tory to Parking Table. v� 35 839 ARTICLE VI. EXCEPTIONS Section 6.010. EXCEPTION TO LOT SIZE REQUIRFv1FA\'TS. If a lot or the aggregate of contiguous lots or parcels platted prior to the effective date of this ordinance, has an area or dimension which does not meet the requirements of this ordinance, the lot or aggregate holdings may be put to use permitted subject to the other requirements of the zone in which the property is located. Section 6.020. EXCEPTION TO YARD RE UIRF MNTS. The Planning Commission may increase the yard requirement when a yard abuts a street which the city 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 requirements of the zone in which it is located. Section 6.030. EXCEPTION TO YARD RF.QTJIM,]FNTS FOR DETACHED ACCESSORY BUILDINGS. Detached accessory buildings shall be located not less than SO feet the front 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 six 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. Except for the avigation requirements set forth in section 3.130, the following types of structures or structural parts are not subject to the building height limitations prescribed under Article III of this ordinance: chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, transmission towers, smokestacks, flag poles, radio and television towers, masts, arterials, cooling towers, elevator shafts and other similar projections. Prior to construction of these structures or structural parts, a site plan must be reviewed and approved in accordance with ordinance 502. Section 6.OSO. LOT FYCF.PTIONS, ZERO LOT LINES. In any residential zone, the Planning Commission may allow in a proposed su division reduction in set- back requirements to zero lot line setback if the Commission finds such zero. lot line setbacks will not have an adverse impact on the neighborhood and adequate safeguards for fire and utility maintenance are demonstrated.. Section 6.060. DIVIDED TAX LOTS. A single tax lot of record may be considered as a divided parcel for the purposes of this ordinance if it is effectively subdivided by a major irrigation canal, railroad,or major topographic feature, or by a City, County, State or Federal road. No right- of-way width less than SO feet shall constitute an effective division. Section 6.070. SPECIAL EXCEPTION TO LOT SIZE RFQ!IR.F.��ITS. Any parcel of land or portion thereof which is to be dedicated to a public or semi- public entity for a road, canal, railroad, utility or other public use shall he exempt from the minimum lot size requirements set forth by this ordinance. ARTICLE VII. CONDITIONAL USES TKE840 Section 7.010. AUTIMIZATION TO GRANT OR DENTY 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. Before approving an application for a conditional use the Planning Commission shall find the following criteria are either met, can be met by observance of conditions, or are not applicable: 1. The proposal will be consistent with the Comprehensive Plan and the objectives of the zoning ordinance and other applicable policies of the County. 2. The location, size, design, and operating characteristics of the proposal will have minimal adverse impact on the liveability, value, or approximate development of abutting properties and the surrounding area. 3. The proposal will not place an excessive burden on sewage, water supply, parks, schools, or other public facilities including traffic flows in the area. Section 7.020. GFNERAI, CONDITIONS. In addition to the standards and conditions set forth in a specific zone, this article, and other applicable regulations, in permitting a new conditional use or the alteration of an existing conditional use, the Commission may impose conditions which it finds necessary to avoid a detrimental impact and to otherwise protect the best interests of the surrounding area or the urban area as a whole. These conditions may include the folloi,�ing: 1. Limiting the manner in which the use is conducted including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution., glare, and odor. 2. Establishing a special yard or other open space or lot area or dimension. 3. Limiting the height, size, or location of a building or other structure. 4. Designated the size, number, location, and nature of vehicle access points. S. Increasing the amount of street dedication, roadway width or improvements within the street right-of-way. 6. Designated the size, location, screening, drainage, surfacing, or other improvement of a parking area or loading zone. 7. Limiting or otherwise designating the number, size, location, height, and lighting of signs. 8. Limiting the location and intensity of outdoor lighting and requiring its shielding. 9. Requiring diking, screening, landscaping, or another facility to protect adjacent or nearby property and designating standards for its installation and maintenance. -89- VOL fWGF 1 10. Designating the size, height, location, and materials for a fence. 11. Protecting and preserving existing trees, vegetation, or other significant natural resources. 12. Other conditions necessary to permit the development of the urban afea in conformity with the intent and purpose of this ordinance and the policies of the Comprehensive Plan. Section 7.030. PERMIT AND IMPROW21NTS ASST?RANCE. The Commission may require an applicant to furnish the Cour with a performance bond or such other form of assurance that the Commission iris necessary to guarantee development in accordance with the standards established and the conditions attached in granting a conditional use permit. Section 7.040. STANDARDS GOVERNING CONDITIONAL USES. A conditional use shall comply with the stan ards o the zone in which it is located and with the standards and conditions set forth in this subsection 1. Airports, aircraft landing fields, aircraft charter, rental, service, and maintenance facilities not located in an Airport Control Zone: The Planning Commission shall find that the location and site design of the proposed facility will not be hazardous to the safety and general welfare of surrounding properties, nor that the location will unnecessarily restrict existing and future development of surrounding lands as designated by the Comprehensive Plan. 2. Automobile wrecking yard or junk yard: In considering a conditional Lise application for an automobile wrecking yard or junk yard, the Commission shall require that it be closed and screened from public view by a sight obscurring and well maintained fence not less than six feet in height. All junk shall remain inside the fence. If applicable, the commission shall be assured that the proposal is in conformance with applicable State regulations. 3. Cemeteries: The commission shall require evidence and shall find that the terrain and soil types of a proposed location are suitable for interment, and that the nature of the subsoil and drainage will not have a detrimental effect of ground water sources or domestic water supplies in the area of the proposed use. 4. Church, hospital, nursing home, convalescent home, retirement home: a. Such uses may be authorized as a conditional use only after consideration of the following factors: 1. Sufficient area provided for the building, required yards, and off-street parking (related structures and uses such as a manse, parochial school, or parish house are considered separate principal uses and additional lot areas shall be required therefore). 5 fAcE 842 2. Location of the site relative to the service area 3. Probable growth and need therefore 4. Site location relative to land uses in the vicinity S. Adequacy of access to and from principal streets together with the probable effect on the traffic volumes of abutting and nearby streets. b. Such uses or related buildings shall be at least 30 feet from a side or rear lot line. c. Such uses may be built to exceed the height limitations of the zone in which it is located to a maximum height of 50 feet if the total floor area of the building does not exceed the area of the site and if the yard dimensions in each case are equal to at least two-thirds of the height of the principal structure. S. Clinics, clubs, lodges, fraternal organizations, community centers, and grange halls, golf courses, grounds and buildings for games or sports, country clubs, swimming, boating, tennis clubs, and similar activities, governmental structures and land uses, parks, playgrounds. In considering the above, the Planning Commission may authorize the conditional use after assurance that the following is to be provided:. a. adequate access from principal streets b. adequate off street parking c. adequate building and site design provisions to minimize noise and glare from the building and site. 6. Commercial use or accessory use not wholly enclosed within a building or a retail establishment, office, service commercial establishment, financial institution, or personal or business service establishment on a lot abutting or across the street from a lot in a residential zone. In any zone permitting a commercial use or accessory use not wholly enclosed within a building or a retail establishment, office, service commercial establishment, financial institution, or personal or business service establishment on a lot abutting or across the street from a lot in a residential zone may be permitted as a conditional use subject to the following standards: a. A sight obscurring fence or evergreen hedge may be required by the Planning Commission when in its judgement, such a fence or hedge combination thereof is necessary to preserve the values of nearby properties or to protect the aesthetics character of the neighborhood or vicinity. b. In addition to the requirements of the applicable zone, the Planning Commission may further regulate the placement and design of signs and lights in order to preserve the values of nearby properties; to protect them from glare, noise, or other distractions; or to protect the aesthetics character of the neighborhood or vicinity. c. In order to avoid unnecessary traffic congestion and hazards, the Planning Commission may limit access to the property. -91- ti VOL 35 PAGE843 Y ` ' 7. Commercial amusement establishment: A commercial amusement establishment may be authorized a ter consideration of the following factors: a. Adequacy.of access from principal streets together with the probable effect on traffic volumes of abutting and nearby streets. b. Adequacy of off street parking. c. Adequacy of building and site design provisions to maintain a reasonable minimum of noise and glare from the building and site. 8. Dog pounds and kennels: The Planning Commission may authorize a dog pound or kennel as a conditional use provided that building and site design provisions are adequate to minimize noise and odor. When necessary to protect surrounding properties, the Planning Commission may require a sight obscurring fence or hedge, and may restrict vehicular access and loading facilities, especially those required by trucks transporting large animals. 9. Mining, quarrying, or other extraction activity: a. Plans and specifications submitted to the Planning Commission for approval must contain sufficient information to allow the Planning Commission to consider and set standards pertaining to the following: 1. the most appropriate use of the land 2. setback from the property line 3. the protection of pedestrians and vehicles through the use of fencing and screening 4. the protection of fish and wildlife habitat and ecological systems through control of potential air and water pollutants S. the prevention of the collection and the stagnation of water at all stages of the operation 6. the rehabilitation of the land upon termination of the operation. b. Surface mining equipment and necessary access road shall be constructed, maintained, and operated in such a manner as to eliminate, as far as is practicable, noise, vibration, or dust which may be injurious or annoying to persons or other uses in the vicinity. c. The comments and recommendations of all appropriate natural resources agencies of the state and federal government shall be sought. d. A rock crusher, washer, or sorter shall not be located closer than S00 feet from a residential or commercial zone. -92- VOL 35 FACE 84x4 ' 10. Mobile Home Park: A mobile home park shall be built to site standards in effect at the time of construction and shall comply with the following additional provisions: a. Evidence shall be provided that the park will be eligible for a certificate of sanitation as required by state law. b. The space provided for each mobile home shall be provided with piped potable water and electrical and sewerage connections. c. The number of spaces for mobile homes shall not exceed 9 for each acre of the total area in the mobile home park. d. A mobile home shall occupy not more than 40 percent of the contiguous space provided for the exclusive use of the occupants of the mobile homes and exclusive of space provided for the common use of tenants, such as roadways, general use structures, parking spaces, walkways, and areas for recreation and landscaping. e. No mobile home in the park shall be located closer than 15 feet fron another mobile home or from a general use building in the park. No mobile home accessory building shall.be closer than 10 feet from a mobile home accessory building or other building or structure or another mobile home space. No mobile home or other building or structure shall be within 25 feet of a public street property boundary or 10 feet of another property boundary. f. A mobile home permitted in the park shall meet the following standards as determined by an inspection by the building official: I. It shall have a state insigne indicate compliance with Oregon State Mobile }dome Construction Standards in effect at the time of manufacture and including compliance for reconstruction or equipment installation made after manufacture. 2. Notwithstanding deterioration which may have occurred due to misuse, neglect, accident, or other cause, the mobile home shall meet the state standards for mobile home construction evidenced by the insigne. 3. It shall contain not less than 225 square feet of space as determined by measurement of the exterior of the unit exclusive of any trailer hitch device. 4. It shall contain a water closet, lavatory, shower or tub, and a sink in a kitchen or other food preparation space g. A mobile home permitted in the park shall be provided with a continuous skirting, and if a single -wide unit, shall be tied down with devices that meet state standards for tiedown devices. h. There shall be no outdoor storage of furniture, tools, equipment, building materials or supplies belonging to the occupants or management of the park. i. The land which is used for park purposes shall be surrounded, except at entry and exit places, by a sight obscurring fence or hedge not less than six feet in height. The fence or hedge shall be maintained in a neat appearance. -93- VOL 35 na 845 j. If the park provides space for 50 or more mobile home units, each vehicular way in the park shall be named and marked with signs which are similar in appearance to those used to identify public streets. A map of the named vehicular ways shall be provided to the fire department. k. If a mobile home space or permanent structure in a park is more than 500 feet from a public fire hydrant, the park shall have water supply mains designed to serve fire hydrants and hydrants shall be provided within 500 feet of such space or structure. Each hydrant within the park shall be located on a vehicular way and shall conform in design and capacity to the public hydrants in the city. 1. Open space. A minimum of at least 2,500 square feet plus 150 square feet per mobile home space shall be provided for a recreational play area, group of community activities. The Planning Commission may require this area to be protected from streets, parking area, or the like, by a fence or the equivalent, that conforms to fence regulations, but at least 30 inches in height where allowed by fence ordinances. Unless otherwise approved, no required open space area shall contain less than 2,500 square feet. Recreation areas shall be improved with grass, plantings, surfacings, or buildings suitable for recreational use. No recreation facility created within a mobile home park wholly to satisfy the requirements of this section shall be open to, or offered in itself to, the general public. m. Parking space requirement. A parking space shall be provided for each mobile home space on the site. In addition, guest parking spaces shall also be provided in every mobile home park within 200 feet of the mobile home spaces served and at a ratio of one parking space for each two mobile home spaces. Parking spaces shall have durable and dustless surfaces adequately maintained for all-weather use and shall be properly drained. n. All mobile home parks over 10 acres in size shall be located so as to have access on a street designated as a collector street. o. All trailer parks containing a total site area of 20 acres or more shall provide a secondary access to the trailer park. Such secondary access shall enter the public street system at least 150 feet from the primary access. p. Lighting shall be installed along the access ways of the trailer park and the recreation area with lights of 100 watts or better or not over 100 feet apart. [,'ires for service to light poles and trailer spaces shall be underground. q. Roadways within the park shall be paved and shall be not less than 30 feet in width if parking is permitted on the margin of the roadway, or less than 20 feet in width if parking is not permitted on the edge of the roadway and an adequate designated area is provided and improved for guest parking and tenant recreational vehicles (such area shall be designed and improved to provide not less than one parking space per each two unit spaces in the park). r. No mobile home park shall be created on a site less than three acres. s. Sidewalks or other approved surfaced pedestrian walkways shall be provided. IMIN 4} VOL 11. Multi -family Ihaelling and Nhilti-Family_ I'Velling Complex: *,ami ily dwelling and a multi -family dwelling complex shall with the following provisions: 35 fvE846 A multi - comply a. There shall be no outdoor storage of furniture, tools, equipment, building materials or supplies belonging to the occupants or management of the complex b. If such a complex or any unit thereof is more than 500 feet from a public fire hydrant, such shall be provided at appropriate locations on a vehicular way and shall conform in design and capacity to the public hydrants in the city. c. For a multi -family dwelling complex a minimum of at least 2,500 square feet plus 150 square feet per dwelling unit shall be provided for a recreational play area, group or community activities, or common open space. Such area shall be improved with grass, plantings, surfacings, equipment or buildings suitable for recreational use. The commission may require this area to be protected from streets, parking areas, or the like, by a fence or the equivalent. d. All such complexes with more than 20 dwelling units shall be located so as to have access on a street designated as a collector unless otherwise approved by the commission. e. all such complexes shall provide adequate access f, all roadways and parking areas shall be paved and roadways shall not be less than 20 feet in width g, a sight obscurring fence or evergreen hedge may be required by the commission when, in its judgement such screening is necessary to preserve the values of nearby properties, protect the aesthetic character of the neighborhood or vicinity, and to provide security for occupants of the subject complex. h. all structures associated with such a complex shall be setback 25 feet from the property line of an abutting single- family residential lot or use, unless othen,ise approved by the hearings body i. sidewalks or other approved surfaced pedestrian walkways shall be provided j. bicycle parking facilities shall be provided. 12. Recreation Vehicle Park: A recreation vehicle park shall be built to state standards in effect at the time of construction and shall comply with the following provisions: a, the space provided for each recreation vehicle shall be not less than 700 square feet exclusive of any space used.for common areas, such as roadways, general use structures, walkways, parking spaces for vehicle other than recreation vehicles, and landscaped areas b. Roadways shall be not less than 30 feet in wic'.th if parking is permitted on the margin of the roadway, or less than 20 feet in width if parking is not permitted on the edge of the roadway, shall be paved with asphalt, concrete, or similar impervious surface and designed to permit easy access to each recreation vehicle space c. a space provided for a recreation vehicle shall be covered with crushed gravel or paved with asphalt, concrete, or similar material and be designed to provide runoff of surface water. The part of the space which is not occupied by the -95- -96- VOL 35 rAcE 847 1 � recreation vehicle, not intended as an access way to the recreation vehicle or part of an outdoor patio, need not be paved or covered with gravel provided the area is land- scaped or otherwise treated to prevent dust or mud. d. a recreation vehicle space shall be provided with piped potable water and sewage disposal service. A recreational vehicle staying in the park shall be connected to the water and sewage service provided by the park if the vehicle has equipment needing such service e. a recreation vehicle space shall be provided with electric service. f. trash receptacles for the disposal of solid waste material shall be provided in convenient locations for the use of guests of the park and located in such number and be of such capacity that there is no uncovered accumulation of trash at any time g. no recreation vehicle shall remain in the park for more than 30 days in any 60 day period h. the total number of parking spaces in the park, exclusive of parking provided for the exclusive use of the manager or employees of the park, shall be equal to one space per recreation vehicle space. Parking spaces shall be covered with crushed gravel or paved with asphalt, concrete, or similar material i. the park shall provide toilets, lavatories and showers for each sex in the following ratios: for each 15 recreation vehicle spaces or any fraction thereof: one toilet, one urinal, one lavatory and one shower for men; one toilet, one lavatory and one shower for women. The toilets and showers shall afford privacy and the showers shall be provided with private dressing rooms. Facilities for each sex shall be located in separate buildings, or, if in the same building, shall be separated by a sound proof wall. j. the park shall provide one utility building or room containing one clothes washing machine, one clothes drying machine and 15 square feet of space for clothes drying lines for each 10 recreation vehicle spaces or any fraction thereof, unless such facilities are available with a distance of three miles and are adequate pursuant to these standards. R. building spaces required by subsection (13) (i) and (13) (j) shall be lighted at all times of night and day, shall be ventilated, shall be provided with heating facilities which shall maintain a room temperature of 68 (F), shall have floors of waterproof material, shall have sanitary ceiling, floor and wall surfaces and shall be provided with adequate floor drains to permit easy cleaning 1. except for the access roadway into the park, the park shall be screened on all sides by a sight obscurring hedge or fence not less than six feet in height in. the park shall be maintained in a neat appearance at all times. Except for vehicles, there shall be no outside storage of materials or equipment belonging to the park or to any guest of the park n. evidence shall be provided that the park will be eligible for a certificate of sanitation as required by state law. -96- a 1 VOL 35 PAU 13. Radio, television tower, utility station, or substation: r a. in a residential zone, all equipment storage on the site shall be within an enclosed building b. the use may be fenced and provided with landscaping c. the minimum lot size for a public utility facility may be waived on finding that the waiver will not result in noise or other detrimental effect to adjacent property d. transmission towers, poles, overhead wires, ptvping stations, and similar gear shall be so located, designed, and installed as to minimize their conflict with scenic values. 14. Schools: a. nursery schools shall provide and maintain at least 100 square feet of outdoor play area per child. A sight obscurring fence at least four feet but not more than six feet high shall separate the play area from abutting lots b. elementary schools should provide a basic site area of five acres plus one additional acre for each 100 pupils of predicted ultimate enrollment c. secondary schools should provide a basic site area of 10 acres plus one additional acre for each 100 pupils of predicted ultimate enrollment. d. there shall be access to all buildings for emergency vehicles. Section 7.050. A.PPLIGATION FOR A CONDITIONAL USE. A property owner may initiate a request for a conditional use. Section 7.060. PUBLIC HEARING ON A CONDITIONAL USE. Before the Planning Commission may act on a request for a conditional use, it shall hold a public t hearing folloiving the procedure described in Article XI. Section 7.070. NOTIFICATION OF ACTION. V�dithin ten days after a decision has been rendered on a request for a conditional use, the Director shall provide the applicant with a written notice of the Commission's action. Section 7.080. TINTE LIMIT ON A PERMIT FOR A CONDITIONAL IISE. Authoriza- tion of a conditional use shall be void after one year or such lesser time as s the authorization may specify unless substantial construction has taken place. However, the Planning Commission may extend authorization for an additional period not to exceed one year on request. Section 7.090. OCCLTANCY PERMIT. The commission may require an "Occupancy Permit" for any conditional use approved pursuant to the provisions of this ordinance. The commission shall consider such a requirement for any use authorized by a conditional use permit for which the ordinance requires on site improvements or where such conditions have been established by the commission upon approval of such use. The requirement of an Occupancy Permit shall be for the intent of insuring permit compliance and said permit shall not be issued except as set forth by the commission. -97- VOL J5 PAGE 84J The authority to issue an Occupancy y Permit upon compliance with the require- ments and conditions of a conditional use permit may be delegated by the commission to the Secretary of the Commission, the Planning Director, or the Building Official. Section 7.100. PERFORMANCE BOND. The Planning Commission may require the applicant to furnish the county with a perfonnance bond or other adequate -- ---- form of assurance to guarantee development in accordance with the standards and conditions attached in granting a conditional use permit. • VOL 35 PACE 850 � 1 1 ARTICLE VIII. NONCONFORMING USES Section 8.010. NONCONFORMING USES - CONTINUATION OF A NONCONFORMING USE OR STRUCTURE. Subject to the provisions of this article a noncon orming use or structure existing prior to the effective date of this ordinance may be continued and maintained in reasonable repair. A structure conforming with respect to use but nonconforming 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. DISCONTINMANCE OF A NONCONFORMING USE. 1. If a nonconforming use involving a structure is discontinued 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 VII. 2.. ii 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. C NGE OF A NONCONFOMING USE. If a nonconforming use is replaced by another use, the new use shall conform to this ordinance. Section 8.040. DESTRUCTION OF A NONCONFOR14ING 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 indicated by the records of the County Assessor, a future structure or use on the site shall conform to this ordiance. Section 8.0S0. ALTERATIONS AND REPAIRS. 1. Alteration of a nonconforming use may be permitted to reasonably continue the use. Alteration of any such use shall be permitted when necessary to comply with any lawful requirement for alteration in the use. 2. Any proposal for the alteration of a use under section one.except an alteration necessary to comply with a lawful requirement shall be considered subject to Article XI of this ordinance as used in this section. "Alteration" of a nonconforming use includes: a. a change in the use of no greater adverse impact to the neighborhood b. a change in the structure or physical improvements of no greater adverse impact to the neighborhood. Section 8.060. NONCONFORMING CONSTRUCTION. Nothing in this ordinance shall require any change in plans, construction, alteration, or designated use of a structure for which a building permit has been isst,ed and construction has co;Tmenced prior to the adoption of this ordinance provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within two years from the time the permit is issued. ■ VOL 35 PAcE 851 Section 8.070. NONCONFOMING LOTS OF RECORD. Any lot which is smaller than the minimum area required in any zone may be occupied by an allowed use in that zone provided that: 1. The lot was a lot in a duly platted and recorded. subdivision on or before the date of this ordinance, or was a parcel created by an approved land partitioning prior to such date. 2. The use conforms to all other requirements of that zone. 3. If there is an area deficiency, residential use shall be limited to a single dwelling unit. -100- ARTICLE IX. VARIANCES VOL 35 PAGE 852 Section 9.010. AUTHORIZATION TO GRANT OR DENY VARIANCES. The Planning Director and Planning Commission nay authorize variances rom 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 interpre- tation of this ordinance would cause an undue or unnecessary hardship; except that no variance shall be granted to allow the use of the property for purposes not authorized within the pertinent district, or to alter any procedural requirements of this ordinance. In granting a variance, the Planning Director or Planning Commission may attach conditions which is found necessary to protect the best interest of the surrounding property or neighborhood and to otherwise achieve the purposes of this ordinance. Section 9.020. APPLICATION FOR A VARIANCE. A property owner may initiate a request for a variance y il.ing an application with the Planning Director using forms prescribed in Article XI. 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 9.030. ADMINISTRATIVE VARIANCES. 1. The Planning Director shall have the authority to grant relief up to 200 on site development requirements (e.g., setbacks) administratively if: a. a properly completed variance application and petition is filed on forms provided by the Planning Department; and b. the petition is signed by all property owners or their authorized representative within sixty (60) feet of the subject property; or c. the petition is signed by the abutting property owner to the property line which is the subject of the variance and notice is sent by the Planning Department to all other property owners within sixty (60) feet of the subject property and no remonstrances are received within ten (10) days of the mailing by the Planning Department; and d. the variance does not result in a setback of less than five (S) feet. 2. If any remonstrance is received regarding the matter or a proper petition is not filed the application shall be referred to the Planning Commission for a public hearing and an additional applica- tion fee shall be charged. Section 9.040. PLk1\TN'ING CoNn,4ISSION ACTION. 1. Except as provided in Section 9.030, a.public hearing shall be scheduled for each variance. The hearing shall be conducted in accordance with the hearing and appeal procedures of Article XI. 2. No variance shall be granted unless findings are made to support the following conclusions: a. that special conditions exist which are peculiar to the land, -1.01- s ARTICLE IX. VARIANCES VOL 35 PAGE 852 Section 9.010. AUTHORIZATION TO GRANT OR DENY VARIANCES. The Planning Director and Planning Commission nay authorize variances rom 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 interpre- tation of this ordinance would cause an undue or unnecessary hardship; except that no variance shall be granted to allow the use of the property for purposes not authorized within the pertinent district, or to alter any procedural requirements of this ordinance. In granting a variance, the Planning Director or Planning Commission may attach conditions which is found necessary to protect the best interest of the surrounding property or neighborhood and to otherwise achieve the purposes of this ordinance. Section 9.020. APPLICATION FOR A VARIANCE. A property owner may initiate a request for a variance y il.ing an application with the Planning Director using forms prescribed in Article XI. 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 9.030. ADMINISTRATIVE VARIANCES. 1. The Planning Director shall have the authority to grant relief up to 200 on site development requirements (e.g., setbacks) administratively if: a. a properly completed variance application and petition is filed on forms provided by the Planning Department; and b. the petition is signed by all property owners or their authorized representative within sixty (60) feet of the subject property; or c. the petition is signed by the abutting property owner to the property line which is the subject of the variance and notice is sent by the Planning Department to all other property owners within sixty (60) feet of the subject property and no remonstrances are received within ten (10) days of the mailing by the Planning Department; and d. the variance does not result in a setback of less than five (S) feet. 2. If any remonstrance is received regarding the matter or a proper petition is not filed the application shall be referred to the Planning Commission for a public hearing and an additional applica- tion fee shall be charged. Section 9.040. PLk1\TN'ING CoNn,4ISSION ACTION. 1. Except as provided in Section 9.030, a.public hearing shall be scheduled for each variance. The hearing shall be conducted in accordance with the hearing and appeal procedures of Article XI. 2. No variance shall be granted unless findings are made to support the following conclusions: a. that special conditions exist which are peculiar to the land, -1.01- VOL 35 FACE 853 structure or building involved and which are not applicable t to other lands, buildings or structures in the same district b. that strict interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance c. that.the special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience d. that granting the variance will be in harmony with the objectives of this ordinance, and not injurious to the neighborhood or othe-iivise detrimental to the public welfare. 3. Time Limits on Approval of a Variance. Authorization of a variance shall be void after 12 months or after such time less than 12 months as may be specified as a condition of approval unless, when appropriate, a building permit has been issued and substantial construction has taken place. 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. -102- VOL 35 PAGE 854 ARTICLE X. AMENDMENTS Section 10.010. AUTHORIZATION TO INITIATE AMEA'DNMNTS. An amendment to the text of this ordinance or to a zoning map may be initiated by the Board, b by the Planning Commission or by a property owner. A property owner may initiate a request for an amendment by filing an application with the Planning Director using forms prescribed by Article XI. Section 10.020. PUBLIC fiEARING ON AN Mff: M LENT. The Planning Commission shall, within 45 days after filing of the petition with the Planning Director, hold a public hearing on a proposed amendment in accordance with the provisions of Article XI. Within 15 days after the hearing, the Planning Corunission shall recommend to the Board approval, disapproval, or modification of the proposed amendment; and the Board, shall act upon the Planning Commission's recommendation within 45 days after receipt of such recommendation. Section 10.030. RECORD OF.AMMEN` MENTS. The recorder shall maintain records of amendments of this ordinance in a form convenient foruse by the public. Section 10.040. RESOLUTION OF INT7NT TO REZONE. Based on the facts presented with an application for rezoning as authorized under Section 10.010, the report of findings and recommendations by the Planning Commission as required by this ordinance, if the Board determines that the public health, safety, peace, comfort, conveniencQ economic well-being and general welfare will be best served by this reclassification or any portion thereof, the council may indicate general approval in principle of the reclassification by the adopting of a "Resolution of Intent to Rezone" said property. Such resolution shall include any conditions, stipulations or limitations which the council determines to be necessary requirement in the public interest as a prerequisite to final action, including those provisions the council determines necessary to prevent specula- tive holding of the property after rezoning. General provisions are as follows: 1. A site plan approved by the Planning Commission shall be required and shall be binding upon the property. Upon rezoning, the property shall be plainly marked as "Subject to Approved Site Plan" on the official zoning map. An approved site plan may be amended or a variance therefrom obtained, or the property may be released from the restrictions of such site plan by resolution of the council upon recommendation from the Planning Commission. No changes shall be made constituting a departure from an approved site plan except by amendment or variance as herein provided, unless the same has been released from the approved site plan. 2. Fulfillment of all conditions, stipulations, and limitations contained in said resolution on the part of the applicant shall make this resolution a binding commitrient upon the Board. 3. Upon completion of compliance action by the applicant, the Board shall, by ordinance, effect zone reclassification of the property. Failure of the applicant to meet any or all conditions, stipulations or limitations contained in said resolution, including the time limit placed in the resolution, shall render said resolution of intent to rezone null and void, unless an extension is granted by the council upon recommendation of the Planning Commission. In the event that -103- a VOL 35 PACE 855 • 5 a rezoning is approved by the council, but not on the basis of a "Resolution of Intent to Rezone," the council shall, by ordinance, effect such reclassfication. Section 10.050. LIMITATIONS ON RF.EiPPLICATIONS._ No application of a property owner for an amendment to the text o this ordinance or to the zoning e Plan map shall be considered by the Cornission within the six month period immediately following a previous denial application; if in the opinion of the Planning Commission, new evidence or a change or circumstances warrant it, however, the Planning Commission may permit a new application. -104- VOL 35 PAGE % s,. ARTICLE XI. AU-1INIMATIVE PROVISIONS Section 11.010. FORM OF PETITIONS, APPLICATIONS AND APPEALS. Petitions, applications, and appeals provided for in this ordinance sball be ma on orms prescribed by the County. Applications shall be accompanied by plans and specifications, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on thelot of all existing and proposed structures; the inteded use of each structure; the cumber of families, if any, to be acccmnnodated thereon; the relationship of the property to the surrounding area; and such other information as is needed to determine conformance with this ordinance. Section 11.020. HEARINGS. Public hearings shall be as prescribed in County Ordinance PL -9. Section 11.030. APPEALS. Appeals shall be a prescribed in Deschutes County Ordinance PL -9. Section 11.050. COUNTY SANITARIAN APPROVAL. No zoning permit shall be issued for any use or structure is wl e an ividual subsurface disposal system until written approval is obtained by the applicant for said system from the County Sanitarian. Section 11.070. FILING FEES. An application required by this ordinance shall be accompanied by a filing fee. Section 11.080. REVOCATION. The commission may revoke or modify any permit granted under the provisionsordinance on any one or more of the following grounds: 1. A permit may be revoked on the basis of fraud, concealment, or misrepresentation or on the basis of wrong information given to the commission at a public hearing. -105- VOL 35 PACE 857 r 3 2. A permit may be revoked on the basis that the use for which such permit was granted is not being exercised within the time `- limit set forth by the commission or this ordinance. 3. A permit may be revoked on the basis that the use for which such permit was granted has ceased to exist or has been suspended for one year or more. 4. A permit may be revoked or modified on the basis that the permit granted is being, or recently has been exercised contrary'to the terms or conditions of such approval, or in violation of any statute, code, resolution, law or regulation. S. A permit may be revoked or modified on the basis that the use for which the permit was granted was so exercised as to be detrimental to the public health, safety or welfare, or in such a manner as to constitute a nuisance. 6. Any permit granted pursuant to this ordinance shall become null and void if not exercised within the time period specified in the permit, within one year from the date of approval of said permit. 7. The commission shall hold a public hearing on any proposed .revocation after giving written notice to the permittee and other affected persons as set forth in this ordinance. The commission shall render its decision withn 45 days after the conclusion of the hearing. In the case where the permittee is not satisfied with the action of the commission, he may appeal the commission's decision to the Board I in the manner provided in Section 11.030 of this ordinance. Section 11.090. Maximum 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 12 months, or as otherwise set forth in this ordinance, unless substantial construction has taken place. -106- ARTICLE XII. GENERAL PROVISIONS VOL 35 PAcE 858 i . Section 12.010. SEVERABILITY. The provisions of this ordinance are sbver4ble. If any section, sentence, clause, or phrase of this ordinance is adjudged by a court of competent jurisdiction to be invalid, the decision shall not effect the validity of the remaining portions of the ordinance. Section 12.030. REMEDIES. In case a building or other structure is, or is proposed to be,oc-ateec, constructed, maintained, repaired, altered, or used, or any land is or is proposed to be used in violation of this ordinance, the Board of County Commissioners or a person whose interest in real property in the county is or may be affected by the violation may, in addition to other remedies provided by law, institute injunction, mandamus abatement, or other appropriate proceedings to prevent, temporarily or permanently enjoin, abate, or remove the unlawful location, construction, maintenance, repair, alteration or use. When a temporary restraining order is granted in a suit instituted by a person who is not exempt from furnishing bonds or undertakings under state law, the person shall furnish an undertaking as provided in ORS 32.010 to 32.060. Section 12.040. VIOLATION DECLARED A NUISANCE. The location, erection, construction, maintenance, repair, alteration or use of a)bb ilding or structure or the subdivision, aprtitioning or other use of land in violation of this ordinance is declared a nuisance. Section 12.050. CRIMINAL PENALTIES. (1) The location, erection, construction, maintenance, repair, alteration or use of a building or structure or the subdivision, partitioning or other use of land in violation of this ordinance is punishable upon conviction by a fine of not more than $500 for a noncontinuing offense and a fine of not more than $1000 for a continuing offense. (2) Each and every day in which a location, erection, maintenance, repair, alteration or use of a building or structure or the subdivision, partitioning or other use of land in violation of this ordinance continues is a separate offense. Section 12.060. REPEAL. Deschutes County Zoning Ordinance PL -5 and all amendments thereto are hereby repealed. Section 12.070. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES. The repeal of any ordinance by this ordinance shall not re ease or extinguish any penalty, forfeiture, or liability incurred under such ordinance, unless a provision of this ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. Section 12.080. CORRECTIONS. This ordinance may be corrected by order of the Board of County ommissioners to cure editorial and clerical errors. -107- :. VOL 35 PAGE 859 Section 13. Deschutes County Ordinance No. PL -19 is hereby repea ed. Section 14. This ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect on its passage. ss DATED this � day of S 1980. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON CLAY C. S4EFAtW, uommisaioner ATTEST: TAMMY V R CHARDSON Recording Secretary ORDINANCE NO. 80-201, PAGE FIGURE 1 — GRADE E enter of wall �,.. • �--,�.=',� �.��~ C 13.5' �.s VOL--, 5 PAcE ��° � t s VOL 35 PAGE Ol, 1 FIGURE 3 LOT LINES, DEPTH and WIDTH Side lot line Rear lot line Front lot line Street line ` F JO. ` Side lot line Side lot line 1010" Street line Rear lot line '�"'_�� ----- Front lot line `�� �T Depth measured from midpoint of C aeQ line Required yard depth FIGURE 4 CORNER LOTS 1350 or less Stic X Corner Lot Q/ a. e Example A. Street Corner e r Lot Example B. i Comer Lot Corner Corner Lot Lot VOL 35 PACE 862 t'CORNER T corner r Corner -z- Lot Lot Lot I Example D. Example C. H. NA VOL 35 PAGE 86` FIG. 5 CLEAR -VISION AREA REQUIREMENTS (Section 5.030) \ 8 Above I Curb Clear -Vision \ Area Requirement 8' Above Cur .Guy • . Street or alley Street or alley This dimension 15' for corner lots and 7 1/2' for lots at alley intersections in all zones where front yards are required. This dimension shall be a minimum of one foot for each foot of street right- of-way width under 60 feet in zones where front yards are not required up to a maximum dimension of ten feet. VOL 35 PAGE 864 FIGURE 6 YARDS Example A. Yards on Rectangular Lots YARDS.Front ED Example B. Yards on Non -Rectangular Lots F Rear YARDS: Ft Side Rear '..'.1ronM