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HomeMy WebLinkAbout80-217--, . VOL MAGE 525 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County ) L E D Ordinance No. PL -11, Bend Urban Growth ) Boundary Zoning Ordinance and Amending ) i,�j�,980 the Bend Urban Growth Boundary Zoning ) Map; Declaring an Emergency and pro- Effective Date ) ROSEMARY PATI viding an )ESCHUTES ORDINANCE NO. 80-217 COUNTYCLERK WHEREAS, hearings have been held relating to the amend- ment of Deschutes County Zoning Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance; and WHEREAS, the Board of County Commissioners has considered the proposed amendments; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance, as amended, is further amended in accordance with Exhibit A, attached hereto and by this reference incorporated herein. Section 2. The amended Bend Urban Growth Boundary Zoning Map, marked Exhibit B, attached hereto and by this reference incor- porated herein, is hereby adopted as the Bend Urban Growth Boundary Zoning Map. Section 3. This Ordinance being necessary for the imme- diate preservation of public peace, health and safety, an -emergency is declared to exist, and this Ordinance takes effect on January 1, 1981. DATED this S day of �� 1980. BOARD OF COUNTY COMMISSIONERS ATTEST: TAMMY J RIUHARDSON Recording Secretary ORDINANCE NO. 80-217, PAGE 1 Awnj ROB -ERT G. -I PAUL OWN jR. , CO11T11I*Sv-1P-j 1:f VOL 36 526 REVISED: 11/24/80 — - _ _New material is underlined•, material to be deleted is contained in brackets. 1. Section 4.(26) Building. Any structure built and maintained for support, shelter or enclosure of persons, animals, chattels or property of any kind meeting the requirements of State Structural Specialty Code and Fire and Life Safety Code. 2. Section 4.(33) [Camp, Tourist or Trailer Park. Any area or tract of land used or designed to accommodate two or more trailers, or two or more camping vehicles, tents or outfits, including cabins, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee.] 3. Section 4.(34) [Camping Vehicle. A vacation trailer or a self-propelled vehicle or structure equipped with wheels for highway use which is intended for human occupancy and is being used for vacation and recreational purposes, but not for resident purposes, and is equipped with plumbing, sink or toilet.] 4. Section 4.(40) [Commercial Amusement Facility. A facility which supplies refreshments and various forms of entertainment to the public.] 5. Section 4.(27) [Building Height. The vertical distance from the average contact ground level of the building to the highest point of the building.] 6. Section 4.(41) [Commercial Residential Use. A building, portion of a building or group of buildings designed or used for human occupancy or lodging for which a fee is charged, such as a hotel, motel, tourist camp or labor camp, but excluding quarters intended for permanent or semi-permanent occupancy, such as a duplex or apartment. A mobile home park is not included in this definition.] 7. Section 4.(47) Condominium. [The ownership of single units in a multi- unit structure with common areas and facilities.] A type of residential development utilizing zero lot lines, indi- vidual ownership of units and common ownership of open spaces and other facilities, and which are regulated in part, by State Law (ORS 91.010-91.657). VOL3UPAGE 52 t 8. Section 4.(56a) Destination Resort. A largely self-contained facility offering recreational opportunities for permanent residents and seasonal visitors, catering primarily to members and guests. Minimum area for a destination resort is 160 acres. 9. Section 4.(64) [Feedlot. Any tract of land or structure wherein any type of fowl or by-products thereof are raised for sale at whole- sale or retail. 13. Section 4.(125) [Planning] Planned Unit Development: The development of an area of land as a single entity or a number of dwelling units of a number of uses, according to a plan which does not necessarily correspond in lot size, bulk or type of dwelling, density, lot coverage, or required open space to the standard regulations otherwise required by this Ordinance. 14. Section 4.(126) [Planned Community. A self-contained complex of residential, commercial, and industrial uses in conjuction with an inter- related system for transportation, utilities, recreational areas and other public facilities, and constituting a separate community within the County.] 15. Section 4.(127) [Plat. A final map, diagram, drawing, replat or other writing containing all the descriptions, locations speci- fications, deciations, provisions and information concerning a subdivision.] 16. Section 4.(128) [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 homesite where it is affixed to the real property on a permanent foundation. -2- Any structure, pen or corral wherein cattle, horses, sheep, goats, swine, or similar animals are maintained in close quarters for the purpose of fattening, such livestock for final shipment to market, or for breeding.] 10. Section 4.(106) Mobile Home Subdivision. A subdivision designed and intended for residential use where residence is in mobile homes. [exclusively.] 11. Section 4.(117) [Partition. An act of partitioning land or an area or tract of land partitioned as defined in Deschutes County Land Partition Ordinance Number PL -7.] 12. Section 4.(118) [Partition Land. To divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unity or contiguous units of land under single ownership at the beginning of such year. "Partition land" does not include divisions of land resulting from the creation of cemetary lots. "Partition land" does not include the sale of a lot in a recorded subdivision, even though the lot may have been acquired prior to the sale with other continguous.lots or property by a single owner.] 13. Section 4.(125) [Planning] Planned Unit Development: The development of an area of land as a single entity or a number of dwelling units of a number of uses, according to a plan which does not necessarily correspond in lot size, bulk or type of dwelling, density, lot coverage, or required open space to the standard regulations otherwise required by this Ordinance. 14. Section 4.(126) [Planned Community. A self-contained complex of residential, commercial, and industrial uses in conjuction with an inter- related system for transportation, utilities, recreational areas and other public facilities, and constituting a separate community within the County.] 15. Section 4.(127) [Plat. A final map, diagram, drawing, replat or other writing containing all the descriptions, locations speci- fications, deciations, provisions and information concerning a subdivision.] 16. Section 4.(128) [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 homesite where it is affixed to the real property on a permanent foundation. -2- VOL "AGE 52$ 17. Section 4.(130) [Primary Use. The first use to which property is or may be devoted, and to which all other uses on the premises .ire derived as accessory or secondary uses. As used relative to dwelling units, the primary dwelling would he the first dwelling unit.to be located on a specific parcel or lot.] 18. Section 4.(134) [Public Use. A use owned or operated by a public organi- zation for the benefit of the public generally. This does not include landfill sites, garbage dumps or utility fac- ilities.] 19. Section 4.(139) [Ranch hand Residence. A building, structure or mobile home used for residential purposes for an agricultural employee and his family.] 20. Section 4.(140) [Recreation Camps or Resorts. An area devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds and other similar uses, whether the use of such area is limited to private member- ship or whether open to the public upon payment of a fee.] 21. Section 4.(141) [Recreation Parks. An area designated by the landowner for picnicking or overnight camping and offered to the general public, whether or not a fee or charge is made for such accommodations.] 22. Section 4.(142) [Recreation Vehicle. A vacation trailer or other unit with or without motive power which is designed for human occupancy and to be used temporarily for recreational or emergency purposes and has a floor space of less than 220 square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures and bath or toilet rooms. The unit shall be identified as a recreational vehicle by the manufacturer.] 23. Section 4.(146) [Road or Street. A public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress and egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes.] [(a) A11cly_. A narrow street through a block primarily vehicular service access to the back or side of properties abutting on another street.] [(b) Arterial. A street of considerable continuity which is primarily a traffic artery for intercommunication among large areas, and so designated by the County's Comprehensive Plan or by the Commission.] -3- o Met VOL 00PAGE 5M [(c) Bicvcle Route. A right-of-way for bicycle traffic.] [(d) Collector. A street supplementary to the arterial street system and a means of intercommunication 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 County's Comprehensive Plan by the Commission.] [(e) Cul-de-sac (dead-end street). A short street having one end open to traffic and being terminated by a vehicle turn -around.] [(f)] Street. A public thoroughfare or right-of-way dedi- cated, deeded or condemned for use as such, other than an alley, which affords the principal menas of ace,ess to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare. [(g) 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.] [(h) Marginal Access Street. A minor street parallel and adjacent to a major arterial street providing access to abutting properties, but protected from through traffic.] [(j) Siaubbed Street. A street having only one outlet for vehicular traffic and which is -intended to be exten- ded or continued to serve future subdivisions or developments on adjacent lands.] 24. Section 4.(147) [Roadside Stand. A temporary structure, vehicle or area designed or used for the display or sale of merchandise on the premises upon which such a stand is located.] 25. Section 4.(150) CSemi-Public Use. A structure or use intended or used for a semi-public purpose by a church, lodge, club or any other non-profit organization 26. Section 4.(153) Stable, Public. A stable other than a private stable. 27. Section 4.(156) Stock and Trade. The total amount of goods or merchandise sed in the operation of a home occupation. 28. Section 4.(157) Story. That portion of a building included between the upper urface 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 topmost floor and the ceiling or roof above.I -4- VOL 36ehGE 530 29. Section 4.(153) (St oryz Half. A story under a gable., hip or gambrel roof, Ole wall plates of which on at least two opposite exterior walls are not more Lhan two feet above the floor of sucli story 30. Section 4.(159,1) Surface Minim. Includes all or any part of the process of mining minerals by the removal of overburden and extracting of natural mineral deposits thereby exposed by any method by which more than 50 cubic yards of minerals are extracted or by which at least one acre of land is affected within a period of 12 consecutive calendar months, including open -pit mining operations, auger mining operations, production of surface mining refuse, the construction of adjacent or off-site borrow pits (except those constructed for use as access roads), the quantity or area specifications set forth herein or when such activities affect more than one acre of land for each eight acr!19 of land prospected or explored; but excluding excavations of sand, gravel, clay, rock, or other similar materials conducted by the landowner or tenant for the primary purpose of construction, reconstruction, or maintenance of access roads and excavation or grading operations conducted in the process of farming or cemetery operations, on-site road construction or other on-site construction or underground mines; and excluding rock, gravel, sand, silt, or similar substances removed from the beds or banks of any waters of this State pursuant to permit issued under ORS 541.605 to 541.660. (Reclama- tion of Mining Lands, ORS 517.750, number 12.) 31. Section 4.(160) Trailer Park (recreation vehicle park). A parcel of land upon which two or more trailers occupied for dwelling or sleeping purposes are located, regardless of whether a charge is made for such accommodations. -5- voL 36PAGE 531 ESTARLTSiM ENT OF ZONES AND ZONING MAPS 32.. Suction i. C kIssification of Zones. For the purposes of this Ordinance, the Bend Urban Arca is divided into zones designated as follows: Zones Urban Area Reserve Surface Mining Residential - Suburban Low Density Residential -.Urban Low DemGity Residential - Urban Standard Density Residential - Urban Medium Density Residential - Urban High Density Commercial - Neighborhood Commercial - Convenience Commercial - Limited Commercial - Highway Industrial - Park Industrial - Light Industrial - General Flood Plain Zones Map Symbol and Abbreviated Designations UAR-10 SM SR -2'2 RL RS RM RH CN CC CL CH CG IP IL IG FP VOL 36PACE 532 33. Section 9. [Zoning of Annexed Areas.] [All land annexed to the City of Bend, shall be classified upon annexation to a zone consistent with the Comprehensive Plan after hearing and recommendation by the Planning Commission to the City Commission. Any conditions, limitations, or restrictions applied by the County to regulate a development of land annexed to the City, shall continue to apply until replaced by the City. Where appropriate, the City may continue any restrictions, 'limitations and conditions, and enforce the same as if applied by the City pursuant to this Ordinance and its procedures.] 34. Section 10.(2)C. [Kennel or animal hospital subject to Subsection (2) of Section 26.] 35. Section 10.(3)0. Planned Unitv Development. 36. Section 10.(3)P. Destination Resort. 37. Section 10.(6) [Signs] [a. One non -illuminated nameplate or home occupation sign not exceeding one -and -one-half (111) square feet in area for each dwelling unit.] [b. One non -illuminated temporary sign not exceeding six (6) square feet in area advertising the sale, lease, or rental of the property on which it is located.] [c. One non -illuminated sign not exceeding twenty-five (25) square feet in area identifying a conditional use on the property. Said sign shall be set back at least ten (10) feet from a property line.] -7- r VOL 36PACE 533 Section 11. Surface Mining - SM Zone [(1) Purpose_ The purpose of the Surface Mining SM Zone is to: a. Implement the Statewide Planning Goals, as set forth by the Oregon Land Conservation and Development j Commission; most specifically, Part b, of Goal 5, the open spaces, scenic and historic areas, and natural 1 resources goal. b. Implement the Comprehensive Land Use Plan for each appropriate planning jurisdiction, each such plan 1 itself being in compliance with the Statewide Planning Goals. -) C. Recognize that minerals and related materials within 1 Deschutes County are a non-renewable resource, and that the extraction and processing of such minerals and materials are beneficial and necessary to the economy of the County and to the welfare of its people. d. Zone surface mining and natural resource sites for present use and for future generations, and to plan 1 surface mining and natural resource sites for interim, transitional, and second use utilization. __"_ish standards and procedures which minimize visual impact, noise, air and noise pollution, natural and operational hazards, and other environmental impacts of surface mining operations. f. Provide standards for the reclamation of quarry and mining sites which will return the site to a useful condition, and/or decrease the visual and environmental impact. j g. Provide that this ordinance and related standards will conform to the current requirements of the applicable portions of ORS Chapter 517 and ORS Chapter 541. (2) Applicable Areas: This Ordinance shall apply to all lands and waters within the jurisdictional boundaries of the Bend Urban Growth Boundary. It is a. measure for implementing the Comprehensi-,. Land Use Plans as are in comoliance with the Oregon State- wide Planning Goals, including land -use plans for urban l areas in which the Board of CO=issioners for Deschutes County have jointly agreed upon management responsibilities for implementing comprehensive land -use plans. (3) Definition: a. Surface Mining: Includes all or any part of the process of raining minerals by the removal of overburden and extraction of natural mineral deposits thereby exposed Mz VOL 36PAGE 534 by any method by which more than 50 cubic yards of minerals are extracted or by which at least one acre of land is affected within a period of 12 consecutive calendar months, including open -pit mining operations, auger mining operations, production of surface mining refuse, the construction of adjacent or off-site borrow pits (except those constructed for use as access roads), and prospecting and exploration activities coming within the quantity or area specifications set forth herein or when such activities affect more than one acre of land for each eight acres of land prospected or ex- plored; but excluding excavations of sand, gravel, clay, rock, or other similar materials conducted by the landowner or tenant for the primary purpose of con- struction, reconstruction, or maintenance of access roads and excavation or grading operations conducted in the process of farming or cemetery operations, on-site road construction or other on-site construction or underground mines; and excluding rock, gravel, sand, silt, or similar substances removed from the beds or banks of any waters of this State pursuant to permit issued under ORS 541.605 to 541.660. (Reclamation of Mining Lands, ORS 517. 750, number 12). (4) Per?^itted Business and Uses: In the Surface Mining SM Zone, g-usas a:d t�:eir accessory uses are permitted. to provisions of this section; and the applicant's submission and the Planning Department's subsequent approval of a 1 satisfactory Site Plan as outlined in Section 11 and Section 24. a. Uses, except dwellings, in the UAR-10 Zone, pursuant to adopted standards. b. Extraction of all materials, sand, gravel, rock, cinders, Pumice, top soil, and fill material (including select fill), plus any other mineral or aggregate material. C. Stock piling and storage for mineral or aggregate materials produced fro;n the site. d. Crushing. e. Processing, washing, and sizing. f. Caretaker's residence. g. Buildings, structures, apparatus, equipment, and appur- tenances necessary for these uses to be carried on. h. Sale of products produced from the site. (5) Conditional Uses Permitted: 3n an SM Zone, the following uses and their accessory uses are permitted when, author- ized, in accordance with the provisions subject to Section 24 and 29. -9- vol. 36PAGE 535. r - a. Public use -- - b. Semi-public use. NOTE: Where the public and semi-public uses are of a type consistent with, or are dependent on, those uses allowed in the SM Zone. C. Ore smelter. d. Other related activities using materials found pri- marily on the site, such as concrete batching plants, mineral refining plants, hot mix asphalt plants, and concrete products plants. ___1 (6) Limitations on Use: a. Nuisances: Any use which creates a nuisance shall be reviewed by the Director for compliance at the time of complaint. b. Screeninq: Unless the natural topography of the site offers satisfactory screening in the judgement of the Director, the exposed sides of the site shall be __--e_ with la..scaped nems, wall, hedges, fences, devices to effectively screen the site from the public. If necessary, upon site plan review, the Director and the applicant may determine that screening requirements are not economically feasible or physically possible. ' C. Air, Water, and Noise Requirements: Air and water quality and noise levels shall be in accordance with the re- quirements of the Oregon Department of Environmental Quality, as outlined in ORS Chapters 467 and 468, and more precisely in OAR 340-(20, 21, 25, 35, 45), and Subsections. d. Reclamation: The reclamation plan shall be in accordance with, and approved by, the Oregon Department of Geology and Mineral Industries, by standards in ORS Chapter 517. The reclamation plan shall be a necessary part of the site plan to be reviewed and approved by the Director at the time of application. e. Maintenance: All buildings, structures, and plants used for the production and processing of minerals and other materials as affected by this Ordinance, shall be main- tained in such a manner as to assure that such buildings, structures, and plants will not become dilapidated or hazardous. .The reclamation plan, as outlined in Section ll(6)d., shall also address disposition of buildings, structures, including, but not limited to, -10- VOL plants used for the production and processing and other materials, offices, storage garage house, as affected by this ordinance, or any 36PAGE 536 of minerals and watchman's remains thereof. (7) Site Plan Review: In an SM Zone, a,use permitted shall be subject to the provisions of this Section. Before any new site development may begin, after the effective date of this ordinance, a site development plan shall be approved by the Director. Subject also to the requirements of Section 24. Construction and development of the site shall be in accordance with the approved site plan. The_Commission and Board may adopt standards for plan submittal and review. In considering a site plan for a proposed use in an SM Zone, the Director shall take into account the impact of the proposed use on nearby agricultural, residential, commercial and scenic property, or on any other nearby use of the land; and imoact of traffic on affected streets and roads; and economic impact on the community, as well as general environmental impacts. The Commission shall require, as a con- dition of the site plan approval, that the proposed reclamation plan, or any amendments thereto, be approved by the Department. In addition, the Director may require the following as conditions a. i:crease in required setbacks. b. Screening of the proposed use, or parts thereof_, by fencing or landscaping. C. Limitations on lighting. The site plan shall be submitted in conformance with Deschutes County Surface Mining Standards ��;hich shall be the same as the "Requirements for the Operators Reclamation Plan" as defined by the rules and regulations of the Department in ORS Chapter 517, or in OAR, Chapter 632. (8) Site Plan Evaluation and Apbroval: a. Within thirty (30) days of the receipt of an initial applica- tion, review fee and plans, the Director shall make an evaluation and notify the applicant in writing of any additional_ information necessary for processing. Upon receipt of all required information, the processing of the application will begin. b. Each application and site plan shall be reviewed by the Director for conformance ith this ordinance. The Director shall transmit the applic:.tion to affected agencies for their. review.- -11- VOL 36PAGE �37 C. Upon review of a site plan, and receipt of the application review fee, the Director shall issue a letter to all persons entitled to a distribution of documents under..PL-9, out- lining the disposition of the application. The Director shall refer an application to the Commission when there is a disagreement between the application and any individual, I agency, or group withstanding in the particular application. The applicant may waive referral, at his discretion. In the event an application is referred to either the Commission, lor by the same process, to the Board, the thirty (30) day I review period shall be re-initiated upon notification of the applicant that his application has been referred. d. In the event the plan is modified during the review period, the review period may be extended for not more than thirty (30) days after final submission of required information. e. The application, once approved, shall expire five (5) years from the date of approval. At the end of this five (5) year period the applicant shall cease operations until such time as a new application is submitted and approved. Uses w-1--11. sm Zone shall maintain a fifty (50) _ro_ ;e,_--_ ~_�__� when adjacent to residential -v L-Jy v foot setbacks shall be maintained development. One hundred (100) from property lines adjoining roads that are in Landscape Manage- from Areas, and/or in residential areas. These requests shall 1 be reviewed, as provided by the objectives or policies of the Comprehensive Plan, by the Director. (10) Bond, Cash or Security: A bond or security deposit shall be required of all applicants and shall be in accordance with applicable pa-_ts of ORS 517.810. (11) Failure to Comply: a. If, from an inspection by the Director, it is found that the permittee has not complied, or is not complying, with the reclamation plan or site plan, or regulation contained in this ordinance, enforcement proceedings may be instituted by either the County, cr the Department, in accordance with ORS Chapter 517.860 and 517.865. b. If a permittee fails to faithfully perform the reclamation required by his reclamation plan, or if the bond or security deposit required by Section 24(5) is not sufficient to compensate the Department or the County for all reasonable necessary costs and expenses incurred by it or them in performing the reclamation required by the reclamation plan, the amount due shall be a lien in accordance with ORS Chapter 517.865, in favor of the Department and/or County, upon all property whether real or personal, belonging to the permittee. -12 (12) VOL 36PAGE 538 Exceptions: This Ordinance shall not apply to the following: a. Excavation of sand, gravel, clay, rock, soil, cinders, or other similar materials conducted by a landowner or tenant, for the primary purpose of construction, reconstruction or maintenance of access roads or on-site roads, or other construction outside the definition of surface mining, provided that such material is not to be sold as in a commercial operation, _and shall not exceed fifty (50) cubic yards per -12 consecutive calendar months. b. Excavation or grading operations conducted in the process of farming or cemetery operations, with the provisions in Section 11(11)1. C. Exception to ORS Chapter 517 when State administration of mineral and aggregate activities are assumed by the Oregon Division of State Lands per ORS Chapter 541.605 to 541.660. Provisions of this Ordinance shall apply to lands and activities administered by the State of Oregon per ORS 541.605 to 541.660. d. Exception to Department of Geology and Mineral Industries a.,d _ __ to materials, administered Division of State Lands p:�r ORS Chapter 517.611 to 517.700. Provisions of this Ordinance shall apply to lands and waters and activities within them administered by the State of Oregon per ORS 517.611 to 517.700.1 -13- 38. Section 11. SURFACE MINING ZONE - SM Zone. regulations shall apply: VOL JUPAGE, 539 In an SM Zone, the following (1) Purpose: The purpose of the Surface Mining Zone is to allow the extraction of surface mining materials needed by the community while protecting the health and safety of adjoining residents and uses. (2) Uses Permitted Outright. In the SM zone, the following uses and their accessory uses are permitted outright, subject to provisions of this chapter: Extraction of all materials, sand, gravel, rock, cinders, pumice, topsoil, fill material (including select fill) and any other mineral or aggregate material. Crushing, processing, washing and sizing located at least one-half mile from a residential area. Caretaker's residence. Buildings, structures, apparatus, equipment, and appurtenances necessary for these uses to be carried on. Sale of products produced from the site. (3) Conditional Uses Permitted: In an SM Zone, the following uses and their accessory uses are permitted when authorized, in accordance with the provisions subject to Section 24 & 29. (A) Ore smelter using minerals from the site, subject to stringent pollution controls. (B) Crushing, processing, washing and sizing when located within one-half mile of a residential dwelling. (C) ^Other related activities using materials found primarily on the site, such as concrete batching plants, mineral refining plants, when within one- half mile of a residential dwelling. (D) Landfills when a written tentative ap roval iy DEQ is suhmi_t_t_ed with the conditional use application. - (E) Utility facility. (4) Dimensional Standards. In a SM zone the following diminsion•il standard shall apply. (t1) The minimum lot size --shall he as determined by the Planninf,, Director to he necessary for the protection of the public health, safety and welfare. -14- VOL 36PAGE 540 (5) Use Setbacks. A) Uses within an SM zone shall maintain a one hundred (100) foot setback from the property line when adjacent to a residential dwelling. (B) Three hundred (300) foot setback shall be maintained from the propert lines adjoining roads that are in Landscape Management Areas, as defined in the comprehensive plan, as well as from any stream or lake. (6) Site Plan Review. (Not to apply to nonconforming uses as defined in Subsection 14) of this section). In an SM Zone, a use permitted outright or a conditional use shall_ be subject to the rovtsions of this Section_ Before de..v_elo=gnt of any new site, or ex-ansion of any existing site beyond the area covered by an existing state or county permit, may begin after the effective date of this Ordinance a site plan shall be approved by the Planning Director. Construction and development of the site shall be in full conformance with the approved site. plan. 7) Site Plan Requirements. _ A site plan shalt._provide for_the following: (A) A reclamation plain,metIting guidelines and in a format established by the County, and satisfying such additional standards as are set forth herein. (B) A _maintenance program. All buildings, structures and equiptment used for the production and processing of minerals and other materials affected by this Ordinance shall. be maintained in such a manner as to assure that such 'buildings, structures and equipment will not become dilapidated or hazard- ous. The reclamation plan shall also address disposition of buildings, structures and equipment used in production and processing of minerals and other materials, offices, storage garage and watchman's house or any remains thereof. C) Air water and noise requirements. Air and water quality and noise level shall_be in accordance with the requirements of State and Federal laws and reRtilations, and County Ordinances. D) A complete description of all planned uses. CI:)__The Planning Director may require the following at the time of site plan approval: (1) An increase or decrease in required setbacks. (2) Screening of the proposed use, or parts thereof, by fencing or landscaping. (3) Limi.Lations on lighting. (4) An ndecivate plan for phased mining and reclamation of the site. (5) Restrictions on the hours, days, and noise levels of operation. (6) Applicants may })e required to provide dust -free site access roads near residential areas. (7) When SN operations meet the criteria for conflict levels III or IV as specified below, the Planninp Director may, in addition, place more stringent criteria upon the operations, in accordance with suhparn- graph (S) of this Section. -15- VOL' 3UPAGE 541 (fi) Adc.,ncrctc writer s i)I i_es to cn_chlcI:ui(lr;c;Ipiny; recl;tm;ttion and clIsC Cono trl Condit ions are t o be met. - ---- -- ----- -- (3) Special Requirements Re atm to Residential Areas. jA)_Iln-less thenli�i icrcnt__caan, n show that the natural tol),,raphy of the site Offers sufFlc•ient sc re_e_ninn of the site form �uhlic view- thc_exposeci r_Icloti of _the r;-(tc sh_,11I he tirreened wllh landsCayed_bormw;, hc_dg(-_s, J.ne_cs or s[nil Inr devices to ofFectiv(-ly sc•rcen the i t v From the publ Ic. ---- - -------- (B) If necessary, during site p-lan review, the Planning Director may determine that screening requirements are not economically -feasible or physically possible. (C) When an unusually high level of conflict exists off site, stock piling and/or processing may be required. (9) Procedure Upon Filing of Site Plan. (A) Each application and+lsite plan shall be reviewed by the Planning Director for conformance with this ordinance and the Comprehensive Plan The Director shall transmit the application to affected agencies for their review. (B) Following receipt of the application, the Planning Director shall notify, in writing, the applicant and persons and agencies entitled to written notice as defined in County Ordinance PL -9. The Planning Director may hold a meeting with affected persons and the applicant to discuss the proposed plan before making his decision or only request written comments to Fe - submitted. The entire process leading to a decision shall not exceed 45 days. (C) (1) If after the Planning Director renders his deCision, the appliran or effected peljson, feels it necessary, the applicant or effected person may appeal the decision to the Hearings Officer. If such a decision is referred to the hearing officer, he may at his discretion either hold a public hearing and call for public testimony, or he may determine the case without open public testimony and bearing by weighing the evidence as presented by the Planning Director and the applicant and then make a decision In either case, the procedure before the Hearings Officer shall follow the applicable portions of the procedural_ Ordinance, PL -9. Hearings Officer decision may be appealed to the board by the applicant, affected person or Planning Director. (2) -Hearing;_;-01ficccr review. which shall occur when the site pLiL is sub- mitted with a proposed zone change shall follow in accordance with County Procedural Ordinance PL -9. (3) The Planning Director's and/or Hearing's Officer decision shall he based on the impact of the proposed use on nearby uses of land, the impact of traffic on affected streets and roads, and the economic, social and environmental impact on the community. -16- vuL 36PAGE 542 (14) _I'hc I'lnnnin}; Director _and/or Ile_tritigs Offic•cr sh_tlI _tjtltrovc, a _;itr pinn_oitly iJ- ill _cl)nf/lrntancc_with _tl l._apltl fc_thlc rci;ttl.ttton�;, this Ord_inrtnc•e,--Incl_the_comprcltentiive pl_Ln. _- - -- (119 App tOv:tl of ;i Iv Ilan. (Neil In ;il,l,ly to nc:nc•cin`crrill iing ii:;c•r ;i d l iitr(I iit tiuhrcc'Lfott _(I/i)_of this .Section}. - (A)_ n_ i te Ill _tn_ f i n_t 1-_npprov.-i I sh_t 1 1 exp i rc twel ve (1 7_) months f rom the- date of nll�rovrtl_tin Iess the Lroject huts commenced In accordance with Le ;ij= ved_sit.e and reclamation plans. Upon petition by the original '2pL.icant_showinl;�ood cause, an extension of an additional twelve D2) months may_be grantej-12Y granted-12Ythe Planning Director The operating; approval shall be valid for a period of time s ecified by the re- cl.amation pl-an except as otherwise limited therein. B The Planning; Director or his designate shall review each approval site 12jan annually. A reasonable Tee for this inspection shall be paid to the County by the permitee. Unless a violation of the site planor obvious health of safety hazard is found, the permit shall be renewed. The Planning Dir,,ctor.'s decision may be appealed as in subsection — — (9), (C). (9) of'r--this Section. (11) Bond. A bond or security deposit shall be required of all. applicants, suf- ficient to cover costs plus 1.0 percent of necessary road improvements, terming reclamation, landscaping; and other pertinent conditions. 12) Failure to Comply. (A) If the Planning; Director determines that the permittee is not in compliance with the site plan, he may institute enforcement proceedings to require such compliance. Enforcement may include citing; the per- mittee to District Court, injunctive proceedings, or enforcement of the bond provisions. (B)' If a permittee 11fails to faithfully perform the reclamation required by his reclamation plan, or if the bond or security deposit required by .subsection (11) is not sufficient to compensate the County for all reasonable necessary expenses incurred by it in performing the reclama- tion plan, the amount due shall be a lien upon all property, whether real or personal, owned by the permittee. (13) Exceptions. This ordinance shall not apply to the following: (A) Excavation or grading operations conducted in the process of farming; or cemetery operations. X13)_ htiner_il and _Ll;1;rcjtte activities when assumed by the Oregon Division of State Lands--PursurutC to ORS Cl?tcr 541 .Ei05 thruu};h 541.660. C) Dredging mineral and -lg gregate materials administered byOre=on Division of State Lands pursuant to ORS Chapter 517.611 through 517.700. (D) Nothing herein shall be construed to supersede the provisions of the Forest Practice Act (ORS 527.610 through 527.730), as amended by Chatter 400, Section I of Oregon Laws of 1979, and ref;ulations there- under which preempt Countv law. -17- von. 36PAGE 543 (14) SM Nonconforming Uses. This ordinance shall not apply to uses having a valid state permit upon the date of adoption of this Ordinance. Expansion of existing uses beyond the area covered by state or county permit shall be consistent with this ordinance. 15) Nuisances. Any use which creates a nuisance shall be reviewed by the Planning Director at the time of the citizen complaint or complaint by Planning Department staff. Such review shall carry penalties as outlined in Section 12.050 of this Ordinance. 1:� VOL 36PAGE 544 39. Section 12.(6) [Signs.] [a. One non -illuminated name plate or home occupation sign not exceeding one -and -one. -half (15) square feet in area for each dwelling unit.] [b. One non -illuminated temporary sign not exceeding six (6) square feet in area advertising the sale, lease, or rental of the property on which it is located.] [c. One non -illuminated temporary sign not exceeding sixty-four (64) square feet in area advertising lots within that subdivision. Said sign shall he set back at least ten (10} feet from a front or side property line.] 40. Section 13. [Suburban High] Urban Low RL Density Residential Zone or RL Zone (1) Purpose. [SR -20] This Zone is intended to provide large urban lots for development with a community water system and individual sewerage disposal systems in areas not planned for community sewerage disposal systems and where soils will accommodate individual disposal systems. 41. Section'13.(3)n. Duplex on a lot of 40,000 Square Feet or Larger. 42. Section 13.(6) [Signs] [a. One non -illuminated name plate or home occupation sign not exceeding one -and -one-half (12) square feet in are, for each dwelling unit.] Cb. One non -illuminated temporary sign not exceeding six (6) square feet in area advertising the sale, lease, or rental of the nrooerty on which it is located.] rc. One non -illuminated temporary sign not exceeding 64. square feet in area advertising lots within that subdivision. Said sign shall be set back at least ten (10) feet from a property line.] Ld. One non -illuminated sign not exceeding twenty-five (25) square feet in area identifying a conditional use on the property. Said sign shall be set hack at ju ast ten (10) feat from a property line._ 43. Section 14.(5) Conditional Uses. c�. Condominiums. -19- VOL Scet ion 14. (0) isl y'llsI �a. One non -illuminated name plate or home occupation sign not exceeding one -and -one-half (1'2) square feet in area for each dwelling unit. Cb. One non -illuminated temporary sign not exceeding six (6) square feet in area advertising the sale, lease, or rental of the property on which it is located. [c. One non -illuminated temporary sign not exceeding 64 square feet in area advertising lots within that sub- division. Said sign shall be set back at least ten (10) feet from property line. Cd. One non -illuminated sign not exceeding twenty-five (25)llsquare feet in area identifying a conditional use A the property. Said sign shall be set back at least ten (10) feet from a property line.] 45. Section 15.(3) [Conditional Uses.j Lm.. Medical and dental clinics and laboratories and phar- macy located within a clinic 46. Section 15.(6) [Signs) [a. One non -illuminated name plate or home occupation sign not exceeding one -and -one-half (VI) square feet in area for each dwelling unit.] i Cb. One 1non-illuminated temporary sign not exceeding six (6) square feet in area advertising the sale, lease, or rental of the property on which it is located.] C. One non -illuminated temporary sign not exceeding 64 square feet in area advertising lots within that subdivision. Said sign shall be set back at least ten (10) feet from a property line.] rd. One non -illuminated sign not exceeding twenty-five (25) square feet in area identifying a conditional use on the property. Said sign shall be set back at least ten (10) feet from a property line.] 47. Section 16.(5) Lot Requirements. The following lot requirements shall be observed: a. Lot Area: Every lot shall have a minimum area of 5,000 square feet for the first unit, plus the following minimum square footages based upon the number of bed- rooms per additional dwelling unit in the following table: -20- Studio Efficiency 1 bedroom 2 hedrooms 3 hedrooms 4 bedrooms Land Area 1st & 2nd Floor 650 square feet 900 square feet' 1,250 square. ft. 1,850 square ft. 2,1OQ square ft. VOL MAGE 5 46 Land Area [1st & 2nd Floors 3rd Flonr & Above 250 square feet 500 square feet 1,000 square feet 1,550 square feet 1,850 square feet Provided that the overall density does not exceed one dwelling unit per - 1,000 square feet of lot area. A lot having a width of less than 50 feet, and an area of less than 5,000 square feet of record at the time of the passage of this Ordinance may be occupied by one single-family dwelling pro- vided that all the yard requirements of'this Section are observed. 48. Section 16.(6) (Signs.) +1 i La. One non -illuminated name plate or home occupation sign not exceeding one -and -one-half (112) square feet in area for each dwelling unit.] [b. One non -illuminated temporary sign not exceeding six (6) square feet in area advertising the sale, lease, or rental of the property on which it is located.] Lc. One non -illuminated temporary sign not exceeding 64 square feet in area advertising lots within that sub- division. Said sign shall be set back at least ten (10) feet from a property line.] Ld. Onenon-illuminatedsign not exceeding twenty-five (25� square feet in area identifying a conditional use on the property. Said sign shall be set back at least ten (10) feet from a property line.] 49. Section 18.A Convenience Commerical District - CC Zone. (1) Purpose. This district is intended to provide locations for a rela- tively wide range of small businesses and services which fit into the residential development pattern as a convenience to residents in that part of the County, and to recognize existing uses of this type within the County. New centers of this type are intended to be 1 imite_d in size to not more than four_1r-res of contiguous land ;uid to he located- and- developed- in a manner c0n5i,,Lent with the General P kill. (2) Permitted Uses. The following uses are permitted in a CC Convenience Commercial District and subiect to provisions of section 24. -21- VOL 36PAGE 54'7 a. Anv_usc�crmitted in the Cid District. h. Antique shote. c. Appliance sales (household) including minor repairs. d. Art galleries, libraries and reading rooms. e. Artist supplies and picture framing. f. Auto parts sales (new). g. Bakery, retail. h. Bank or other finanrinl i. Barber shop. j. Beauty shop. k. Bicycle shop. 1. Clothing store or tailor shop. M. Clothes cleaning pick-up agency. n. Clothes cleaning agency using non-flammable cleaning agents, including self-service cleaning establishment. o. Confectionary,or delicatessen. P. Dairy products, sales only. q. Drug store,_including soda fountain. r. Dry goods store, millinery shop, dress shop. s. Florist shop. t. Food store. U. Gift shop, notion or variety store. v. Hardware store. W. Heath food store. X. Hobby shop. Y. Jewelry store. Z. Leather goods and luggage. -22- . voL 36PAGE 548 aa. Musical instruments. hl,. Laundryj)iek_up agency, self-service laundry cr. Medical and denLal clinic and office. dd. Office - business or professional. ee. Photographic supplies and studio. ff. Radio and television sales and service. gg. Restaurant. hh. Shoe store, shoe repair shop. ii. Toy store. jj. Planned Unit Development subject to the provisions of section 36. kk. Accessory buildings customarily appurtenant to a permitted use. 11. Technical and business schools. (3) Conditional Uses. The following conditional uses may be permitted sub- ject to z Conditional Use Permit and the provisions of section 24 & 29. a. Residential dwelling, units. b. Dancing or music school, nursery school, kindergarten and day- care facility. �j C. Public buildings and public utility buildings and structures as may be appropriate to the CC District. d. Church, club, lodge or fraternal organization. e. Automobile service station and minor auto repair. f. Moturary. g. Motel. and hotel. h. B;ir. cocktail lounge and tavern. (4) Re M ations . No building or structure shall be hereafter erected, enlarged or strucLura.11y altered to exceed a height of 30 feet. (5) Lot RegcciremcnCs. T'he followir,t, minimum lot requirements shall be oh;erved: a. Lot Area: No requirements. -23- (6) VOL 36PAGE 541 h. Lot Width_ Ntt recinire'tnetttti. C. Lot Depth: 100 feet. d. Front Yard: The front yard shall -he a minimum of 1O feet. e. Side Yard: None, except when a side lot line is abutting a lot in an "R" District and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by 1/2 foot for each foot by which the building height exceeds 20 feet. f. Rear Yard: None, except when a rear lot line is abutting a lot in an "R" District and then the rear yard shall be a minimum of 10.feet. The required rear Bard shall be increased by 1/2 foot for each foot by which the building height exceeds 20 feet. g. Lot Coverage: Maximum lot coverage by buildings and structures shall be 35 percent of the total lot area. Off -Street Parking and Loading. Off-street parking and loading space shall be provided as required in section 25. (7) Other Required Conditions. a. All uses shall be conducted wholly within an enclosed building except for off-street parking and loading facilities, automobile service stations and drive -up windows. b. Items produced or wares and merchandise handled shall be limited to those sold at retail on the premises. i C. In any CC District directly across the street from an "R" Dis- trict, the parking and loading area shall be set back at least 10 feet from the street right of way and said area shall appro- priately landscaped along the residential street frontage to protect the character of the adjoining residential property. Such landscaping shall be maintained. 51. Section 19A. General Commercial District, or CG District. (1) Purpose. This district is intended to provide for a broad mining of commercial uses and for wholesale and heavier commercial uses. (2) Permitted Uses. The followinE uses are permItted in the• CG District sttf�jec.t to the (provisions of section 24. a. Anv use permitted in the CL District. b. Wholesale business, storape warehousing, transfer company and trucking company. C. Truck sales, service and repair. d. Public buildings and public utility structures and service yards. -24- V VOL 36PAGE 550 .__Contractor's office and eguiPmcnt stogie Yard -2r storage and rental of equioment common Iv used by contractors. f. Major automotive repair and towing services provided all storage is conducted within a building or within a sight obscuring fence. Can�cnter,_electri_ cal , plumbing, sheet metal, welding, electro- plating;, heating and sign shops, auto and furniture upholstery shops, printing, publishing and lithographing shops and paint shops operated entirely within an enclosed building. h. Cold storage plant, including storage and office. i. Bakery, creamery, soft drink mottling plant, laundry, dry cleaning, dying or rug cleaning. Feed, seed and (fuel stores conducted wholly within a completel enclosed building. k. Secondhand store. 1. Planned Unit Development subject to the provisions of section 36. M. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage, are permitted. (3) Conditional Uses. The following conditional uses may be permitted subject to a Conditional Use Permit and the provisions of sections 24 and 29. a. Department stoke_ b. Buildings in excess of 45 feet. C. Residential use subject to the standards of the R1I District. (4) Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed a height of 45 feetr. without approval of a conditional use permit. (.5) I,ot Requirements. The following lot requirements shall be observed: a. Lot Area: No requirements. h. Lot Width: Not requirements. c. Lot Depth: Each lot shall have a minimum depth of 100 feet. d. Front Yard: The front yard shall be a minimum of 10 feet, except when ahutting a vard in an "R" District and then the front yard shall he the front yard required in the abutting "R" District i ' -25- t von 86PAGE551 d. Side Yard: None, except when a side lot line is abutting a _yard in an "R" District and then the side yard shall be a minimum of 10 feet_TI)e required side yard Shall be. increased by 1/2 foot for each foot by which the building height exceeds 20 feet f. Rear Yard: None, except when a're3r lot line is abutting a lot in an "R" District and then the rear yard shall be a minimum of 20 _feet. The required rear yard shall be increased by 1/2 foot for each foot by which the building height exceeds 20 feet g. Lot Coverage: No requirements. (6) Off -Street Parking and Loading. Off-street parking and loading space shall be provided as required iTI section 29 (7) Other Required Conditions. a. All business, ?' rvice, repair, processing, storage or merchandise, displav on property abutting or across the street from a lot in an "R" District shall be conducted wholly within an enclosed building unless screened from the "R" District by a sight -obscuring fence or wall not less than 6 feet not more than 8 feet in height. Said fence or wall shall not extend into a required front yard area. b. Motor vehicle, boat or trailer rental, sales or storage lot shall be drained and surfaced with pavement except in those portions of the lot maintained as landscaped areas 50. Section 19.(3) Condithional Uses. [a. Automobile sales lot (used).] a [b.] Drive-in theater, golf driving range, and miniature golf course. b [c.] Existing industrial uses. c [d.] Trailer park and campground. d [e.] Building over 35 feet in height. e [f.] Auction house or yard. f [g. Contractor's office and equipment storage yard or storage and rental of equipment commonly used by contractors.] [h.] Wholesale business, storage, warehousing, transfer company, and trucking c6mpany. — h [i.] Department store. i [j.] Towing service where no wrecked or impounded vehicles are kept on the site. 1 [k.3 Residential use. -26- VOL 3CPAGE 552 52. Section 21 Light Industrial Zone - IL Zone. (2) Permitted Uses. The following uses are permitted in the IL Zone subject to the provisions of Section 24. a. Any permitted use in the IP Zone. b. Cold storage plants, including storage and office. [c. Equipment sales, service, rental and repair.] c [d.] Fuel oil distributors. d [e.l Printing, publishing and book binding. e [f.] Public utility buildings and yards. f [g.] Veterinary clinic and hospitals operated entirely within an enclosed building. g [h.] Light fabrication and repair shops, such as blacksmith, cabinet, electric motor, heating, machine, sheet metal, sign, stone monu- ments, upholstery and welding. h [i.] Assembly, manufacture, or preparation of articles and merchandise from the following previously prepared types of materials: hone, canvas, cellophane, cloth, cork, feathers, felt, fiber, leather, precious; or semi-precious metal or stones, shell, textiles, tohncco, wax, wire, wood (excluding sawmills, lumber mills, planing mills and m"Iding plants), yarns, and paint not employing a boiling process. i [in Manuracture, compounding, prncessinh, packing, or treatment of Such products as bakery goods, candy, cosmetics, dairy products, and meat-, drugs, perfume, pharmaceuticals, perfumed toilet soap, toiletries; excluding the rendering of fats and oils, fish and meat slaughtering, and fermented foods, such as sauerkraut, vine- gar and yeast. -27- VOL 3UPAGE 553' ,Z (k.] Processing; uses such as bottling plants, creameries, laboratories, blueprinting and photocopying, laundries, carpet and rug cleaning plants, cleaning and dyeing plants, tire retreading, recapping and rebuilding;. k [l.] Storage or sale yard [for building materials,] contractor's equip- ment, house mover, delivery vehicles, transit storage, trucking terminal, and used equipment in operable condition. 1 [m.] Manufacture of concrete products and ceramic products using only previously pulverized clay. m [n.] Manufacture of musical instruments, novelties, rubber or metal stamps, toys, optical goods or precision instruments or equipment. n [o.] Manufacture of artificial limbs, dentures, hearing aids, surgical instruments and dressings and other devices employed by the medi- cal and dental p$cifessions. o. Mini storage units. p. Planned Unit Development subject to the provisions -of Section 30. q. Other similar uses which the Commission may find to be similar to those listed as permitted in this Zone and which are not in- consistent with the purpose of this Zone. r. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage, are permitted. Section 22. General Industrial Zone - IG Zone. (1) Purpose. This Zone is intended to provide for the establishment of light and heavier industrial uses essential to the development of a balanced economic base in an industrial environment with a minimum conflict between industrial uses and residential and light commercial uses. 53. Section 22 (2) Permitted Uses. The following uses are permitted subject to the pro- visions of Section 24. a. Any permitted use in the IL Zone. b. Any manufacturing, [not listed as an outright use in an IL or IP Zone] processing, repairing, research, assembling, whosesale, or storage uses, not specifcally mentioned below as a conditional use, excepting the manufacturing of explosives, and the slaughtering of animals. r VOL 36PAGE 554 (3) Conditional Uses. The following conditional uses may be permitted subject to a Conditional. Use Permit and the provisions of Sc,cti.on 24 and Section 29. a. Asphalt plant. h. Wrecking yard or junk yard. C. Building over 35 feet in height. d. Livestock feed or sales yard. e. Any conditionally permitted use in an IL Zone or IP Zone. (4) Height Regulations. No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed a height of 35 feet without a conditional use permit. (5) Lot Requirements. The following lot requirements shall be observed: a. Lot Area: No requirements. b. Lot Width:. No requirements. c. Lot Depth: Each lot shall have a minimum depth of 100 feet. d. Front Yard: None, except when abutting a lot in an "R" Zone and then the rear yard shall be a minimum of 20 feet. The required rear yard shall be increased by 2 foot for each foot by which the building height exceeds 20 feet. e. Side and Rear Yard: None, except when abutting a lot in an "R" Zone and then the rear yard shall be a minimum of 20 feet. The required rear yard shall be increased by 2 foot for each foot by which the building height exceeds 20 feet. f. Lot Coverage: No requirements. 54. Section 24 (3a) Site Plan Approval Required. a. No building, gradings, parking, land use, [sign] or other required permit shall be issued for a use subject to this Section, nor shall such a use be commenced, enlarged, altered or changed until a final Site Plan is approved by the Planning Director, pursuant to this Ordinance. 55. Section 24 (5) Decision on Final' -Site Plan. The Planning Director may approve a final Site Plan, disapprove it, or approve it with such modifications and conditions as may be consistent with the Comprehensive Plan or the criteria and standards listed in this Ordinance. -29- vol 36PAGE 555 The Planning; Director, as a condition of approval, shall require that the applicanL/developer file with the County a performance bond or other security approved by the Coverning Body on a case-by-case basis, to assure his full and faithful performance of the required improvement. The bond shall he for the dollar amount plus 10% of the estimated cost of the improvements. The County Planning Department shall deem whether or not the bond is to cover the cost of said improvements, and incidental expenses. A decision on a final Site Plan shall include written conditions, if any, and findings and conclusions. The findings shall specifically address the relationships between the plan and the criteria and standards listed in this Ordinance. The Planning Director may approve changes in approved designed plans without a new site plan application when he determines the change will not significantly alter the character, density or intensity or other- wise significantly change the plan. 56. Section 25(4) Number of Spaces Required. f. Commercial Retail store except stores selling bulky merchandise [and grocery stores 1,500 square feet gross floor area or less:] 1 space per 300 square feet of gross floor space [Supermarkets, grocery stores 1,501 [to 4,000 square feet:] [1 space per 150 square feet] of gross floor area] [4.001 square feet and over:] [1 space per 100 square feet] of gross floor area] Service or repair shops, retail stores and outlets selling furn- iture, automobiles or other bulky merchandise where the operator can show the bulky merchandise occupies the major area of the building: 1 space per 600 square feet of gross floor area Bank or office (except medical and dental): 1 space per 300 square feet of gross floor area Medical or dental office or clinic: 1 space per 150 square feet of gross floor area` Eating or drinking establishments: 1 space per [60] 120 square feet of gross floor area Mortuaries: 1 space per 4 seats or 8 feet of bench length in chapels -30- ' VOL 36PAGE 556 57. Section 25A. Spcc ial Setback Provish)ns on Cert.iin Streets. (1) Future W_iclt_h and Sl c_cial Building Lines - Purposed and Desi};nation of Streets. liecau_se of heaves or arterial traffic volume and congestion, existing; or probable intensive or commercial development of abutting properties,_suda stan7q_2, hs ng_wi(It, the probability of inacle irate sight distances, and other like conditions affecting traffic safety and light, air, and vision along streets, the City Commission finds thatthe public health, safety and welfare require that buildi setback lines, as here- inafter specified be, and they are hereby, established on all properties abutting the following named streets and sections of streets. Where applicable, requirements set forth in this provision shall be in addition to the yard requirements specified for the zoning districts. The distances set forth shall be measured from the centerline and at right angles to the centerline of the street and required yards are in addition to this setback. Street Name +.'I Setback From Center Line to Yard Neff Rd. 50 feet Denser Rd. 50 feet Highway 20 50 feet Highway 97 50 feet Boyd acres Rd. -Studio to Industrial 50 feet Reed Market Rd. Park Rd. 50 feet Ferguson 50 feet Blakely 50 feet Cooley 50 feet Butler Market Rd. 50 feet 58. Section 30 (4) Limitation on Application. No application shall be accepted for a use or density which will require a change of Zone unless accompanied by an application for a Zoning Amendment. 59• Section 31 (2) Conditions for Granting a Variance. A variance may be granted if, on the basis of the application of the application, investigation, and evidence submitted, the Hearings Body makes the following findings: [a. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inxonsistent with the objectives of the Zoning ordinance.) [b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do riot apply generally to other properties classified in the same zone.] - - [c. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same Zone.] -31- VOL 36ME 557 [d. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other pro - pert ics cLiss i f ied in the tinme Zone. ] [c. 'That the granting of the variance wilt not _he dctrimcntnl to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.] a. That the literal application of the ordinance would create practical difficulties resulting in greater private expense than public benefit. b. That the condition creating the difficulty is not general throughout the surrounding area but is unique to the applicant's site. C. That the condition was not created by the applicant. A self-created difficulty will be found if th-e applicant knew or should have known of the restriction at the time the site was purchased. d. That the -variance conforms to the Comprehensive Plan and the intent of the ordinance being varied. 60. Section 27 (9) River Setback. In all zones where a new building is to be erected, an existing building enlarged or a new off-street parking facility created on property abutting the Deschutes River, the following setbacks from the river's edge shall apply: [a. In residential zones where a single-family, duplex, or triplex is being constructed, there shall be a minimum setback of 20 feet from the river's edge, the measurement of which shall include both the horizontal and vertical distances. Where this setback reduces the building area below 35 percent of the lot, the front yard setback pro- vided by this Ordinance may be reduced to 10 feet and the side yard setback may be reduced to a minimum of 5 feet on each side in order to obtain a 35 percent buildable area.] [b. In commercial or industrial Zones or multi -family housing projects subject to site plan review, the minimum setback from the river's edge shall be established during the site plan review process. Appropriate setback adjustments may be made during the review process using the standards in Subsection (a) of this Section as a guideline.] -32- VOL Ma 60. Section 27 (9) River Setback. In all zones where a new building is to be erected, an existing building enlarged or a new off-street parking facility created on property abutting the Deschutes River, the following setbacks from the river's edge shall apply: a. In the central existing builtup part of the urban area: 1. In residential zones where a single-family, duplex, or triplex is being contructed, there shall be a minimum setback of 20 feet from the river's edge, the measurement of which shall include both the horizontal and vertical distances. Where this setback reduces the building area below 35 percent of the lot, the front yard setback provided by this Ordinance may be reduced to 10 feet and the side yard setback may be reduced to a minimum of 5 feet on each side in order to obtain a 35 percent buildable area. 2. In commercial or industrial zones or multi -family housing projects subject to site plan review, the minimum setback from the river's edge shall be established during the site plan review process. Appropriate setback adjustments may be made during the review process using the standards in Subsection (a) of this Section as a guideline. b. In the undeveloped section of the urban area, any ndw development proposed with 100 feet of the rivers edge shall first be through a conditional use procedure as set forth in section 29. -33- VOL 61. Section 36. (2) Penalties for violations. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by: [a fine of not more than $200 or by imprisonment in the County Jail for a term not to exceed 100 days, or both such fine and imprisonment.] a. A fine of not more than $100 for each day of violation where the offense is a continuing offense but such fine may not exceed $1,000. b. A fine of not more than $500 where the offense is not a continuing offense. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Ordinance is committed or continued by such a person, firm or corporation and shall be punishable as herein provided. 62. Section 26. (18) Plant Nursery. Plant nursery deals primarily in the raising and selling of shrubs, trees, ornamental bedding plants and the like. Such a use may be approved in a UAR, SR 2 1/2, RS, or RL zone upon compliance with the following standards: 1. Locate on an arterial street. 2. If the proposed location is on a major highway, such as 97, 20, then access to the site shall be from a frontage road or secondary street. 3. Since these operations are commercial in nature, they shall be permanently and well landscaped, respecting the character of a residential area or entrance into the community. 4. Site plan review shall consider the need for a subdued use of lights, the need for adequate parking, berms, screens, etc., for separation of the parking and activities from existing and future residences. 63. Section 26. (19) Low head hydroelectric generating facilities shall be con- sidered a conditional use in all zones subject to the procedures of Section 29 and the following standards: (a) A facility shall meet the requirements of the area of special interest policies in"the comprehensive plan; and (b) That the location or construction of a facility where noise, light, glare or other impacts might be offensive shall mitigate these impacts as part of the design and construction of the facility. -34- V 61. Section 36. (2) Penalties for violations. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by: [a fine of not more than $200 or by imprisonment in the County Jail for a term not to exceed 100 days, or both such fine and imprisonment.] a. A fine of not more than $100 for each day of violation where the offense is a continuing offense but such fine may not exceed $1,000. b. A fine of not more than $500 where the offense is not a continuing offense. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Ordinance is committed or continued by such a person, firm or corporation and shall be punishable as herein provided. 62. Section 26. (18) Plant Nursery. Plant nursery deals primarily in the raising and selling of shrubs, trees, ornamental bedding plants and the like. Such a use may be approved in a UAR, SR 2 1/2, RS, or RL zone upon compliance with the following standards: 1. Locate on an arterial street. 2. If the proposed location is on a major highway, such as 97, 20, then access to the site shall be from a frontage road or secondary street. 3. Since these operations are commercial in nature, they shall be permanently and well landscaped, respecting the character of a residential area or entrance into the community. 4. Site plan review shall consider the need for a subdued use of lights, the need for adequate parking, berms, screens, etc., for separation of the parking and activities from existing and future residences. 63. Section 26. (19) Low head hydroelectric generating facilities shall be con- sidered a conditional use in all zones subject to the procedures of Section 29 and the following standards: (a) A facility shall meet the requirements of the area of special interest policies in"the comprehensive plan; and (b) That the location or construction of a facility where noise, light, glare or other impacts might be offensive shall mitigate these impacts as part of the design and construction of the facility. -34-