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90-31355 10
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adopting Title 19,
Bend Urban Growth Boundary Zoning *'^" -'
Ordinance, of,thd Deschutes County
Code, Repealing Ordinance No.
PL -11, and Declaring an Emergency.
ORDINANCE N0. 90-038 OCT 181990
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. ADOPTION. The provisions of Title 19, Bend
Urban Growth Boundary Zoning Ordinance, attached hereto and
incorporated herein as Exhibit "A," are hereby enacted and made a
part of the Deschutes County Code.
Section 2. Ordinance No. PL -11 is hereby repealed in its
entirety and replaced with Title 19 of the Deschutes County Code.
Section 3. EMERGENCY. This Ordinance being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this Ordinance
takes effect on its passage.
DATED this _J day of , 1990.
71EIT:
Recording Secretary
1 - ORDINANCE NO. 90-038
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
-LOIS 3AITOW PRANTE, Commissioner
TOM T OP, mohair
DICK MAUDLIN, Cofamissioner
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Title 19
BEND URBAN GROWTH BOUNDARY
ZONING ORDINANCE
Chapters:
19.04
Title, Purpose, Compliance and Definitions
19.08
Establishmentof Zones and Zoning Maps
19.12
Urban Area Reserve Zone - UAR-10
19.16
Surface Mining Zone - SM
19.20
Suburban Low Density Residential Zone - SR 2 1/2
19.24
Urban Low Density Residential Zone - RL
19.28
Urban Standard Residential Zone - RS
1932
Urban Medium Density Residential Zone - RM
1936
Urban High Density Residential Zone - RH
19.40
Neighborhood Commercial Zone - CN
19.44
Limited Commercial Zone - CL
19.48
Convenience Commercial Zone - CC
19.52
Highway Commercial Zone - CH
19.56
General Commercial Zone - CG
19.60
Industrial Park Zone - IP
19.64
Light Industrial Zone - IL
19.68
General Industrial Zone - IG
19.72
Flood Plain Combining Zone - FP
19.76
Site Plan Review
19.80
Off -Street Parking and Loading
19.84
Special Setback Provisions on Certain Streets
19.88
Provisions Applying to Special Use Standards
19.92
Interpretations and Exceptions
19.96
NonconformingUses
19.100
Conditional Use Permits
19.104
Planned Unit DevelopmentApproval
19.108
Variances
19.112
Revocation of Permits or Variances
19.116
Amendments,Appeals and Procedures
19.120
Enforcement and Penalties
19.124
Land for Public Purposes
19.128
Severability and Validity
Exhibit A
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Chapter 19.04
TITLE, PURPOSE, COMPLIANCE
AND DEFINITIONS
Sections:
19.04.010
Title.
19.04.020
Purpose.
19.04.030
Compliance With Ordinance
Provisions
19.04.040
Definitions
19.04.010 Title.
This Ordinance shall be known as the
"Zoning Ordinance" of the Bend Urban Area
of Deschutes County, Oregon.
19.04.020 Purpose.
A. This Ordinance has been designed in
accordance with the goals, policies and state-
ments of intent of the Bend Area General
Plan, the officially enacted comprehensive plan
for the City of Bend and its environs. It is the
general purpose of this Ordinance, therefore, to
provide one of the principal means for imple-
mentation of the Bend Area General Plan.
B. This Ordinance is designed to classify,
designate and regulate the location and use of
buildings, structures and land for residential,
commercial, industrial or other uses in appro-
priate places and for said purposes; to divide
the Bend Urban Area into districts of such
number, shape and area as may be deemed best
suited to carry out these regulations and pro-
vide for their enforcement; to encourage the
most appropriate use of lands; to conserve and
stabilize the value of natural resources; to
provide adequate open spaces for light and air
and prevention of fire; to prevent undue con-
centrations of population; to lessen congestion
of streets; to facilitate adequate provisions for
community utilities, such as transportation,
water, sewerage, schools, parks and other public
requirements;and to promote the public health,
safety and general welfare.
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C. To regulate placement, height and bulk
of buildings, and the placement and growth of
vegetation within the County to insure access
to solar energy by reasonably regulating inter-
ests in property within the County, as autho-
rized under ORS 215.044 and ORS 105.880
through 105.890; to promote and maximize the
conservation of energy by preserving the
option to utilize solar energy and to implement
the Comprehensive Plan policies relating to
solar energy.
D. To encourage the design of new build-
ings, structures and developments which use
solar energy and protect future options to use
solar energy by protecting solar access. (Ord.
83-041 § 1, 1983)
19.04.030 Compliance With Ordinance
Provisions
A. Except as provided in Chapter 19.76 of
this Ordinance, no building or other structure
shall be constructed,improved, altered, enlarged
or moved, nor shall any use or occupancy of
premises within the Bend Urban Area be com-
menced to be changed, nor shall any condition
of or upon real property be caused or main-
tained after the effective date of this Ordi-
nance, except in conformity with this Ordi-
nance.
B. Any application for land use permit
received prior to the adoption of this Ordi-
nance which has not received preliminary
approval by the effective date hereof, shall
comply with this Ordinance. Applications for
land use permit for which preliminary approval
notices have been mailed on or before the
effective date hereof need not comply with this
Ordinance, but shall comply with the City and
County Zoning Ordinances which this Ordi-
nance supercedes. This Ordinance supercedes
County Zoning Ordinance PL -5 and the Zoning
Ordinance of the City of Bend, NS -796 on the
date this Ordinance is adopted by the governing
bodies of the County and City, respectively.
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19.04.040 Definitions.
As used in this Ordinance, words in the
present tense include the future; the singular
number includes the plural and the plural
number includes the singular; unless the context
clearly indicates the contrary, the word "shall" is
mandatory and not discretionary; the word
"may" is permissive; the masculine gender
includes the feminine and neuter; and the term
"this Ordinance" shall be deemed to include the
text of this Ordinance and accompanying
zoning maps and all amendments hereafter
made thereto. As used in this Ordinance,
unless the context requires otherwise, the
following words and phrases shall mean:
Abutting. Having a common boundary line,
except that where two or more lots adjoin only
at a comer or corners, they shall not be con-
sidered as abutting unless the common property
line between the two parcels measures not less
than eight feet in a single direction.
Access or Access Way. The place, means or
way by which pedestrians and vehicles shall
have safe, adequate and usable ingress and
egress to, through or past a property or use as
required by this Ordinance.
Accessory Structure or Use. A structure or
use incidental, appropriate and subordinate to
the main structure or use on the same lot.
Adjacent. Near, close; for example, an Indus-
trial Zone across the street or highway from a
Residential Zone shall be considered as
"Adjacent."
Adjoining. See "Abutting."
Alley. A public way not more than 20 feet
wide affording only secondary means of access
to abutting property.
Altered. See "Structural Alteration."
Animal Hospital. A place where animals or
pets are given medical or surgical treatment and
are cared for during the time of such treat-
ment. Use as a kennel shall be limited to
short -time boarding and shall be only incidental
to such hospital use.
Apartment. A dwelling unit in a multiple -
family building.
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Applicant. See Deschutes County Ordinance
No. 82-011.
Application For Land Use Permit. See
Deschutes County Zoning Ordinance No. 82-
011.
Area of Special Flood Hazard. The land in
the floodplain within Bend subject to a one
percent or greater chance of flooding in any
given year. Designation on maps always
includes the letters A or V. (Ord. 88-042 § 3,
1988)
Assessor. The County Assessor of Deschutes
County.
Aircraft. Any vehicle designed or used for
flight through the air and capable of carrying
goods or people.
AiWort Any area of land or water which is
used or intended to be used for the landing
and taking off of aircraft, and including appur-
tenant areas, buildings or facilities.
Automobile, Boat or Trailer Sales Lot. An
open lot used for display, sales or rental of new
or used motor vehicles, boats or trailers in
operative condition and where no repair work
is done.
Automobile Repair, Major. The general
repair, rebuilding or reconditioning of engines,
motor vehicles or trailers; collision service,
including body, frame or fender straightening
or repairs; or overall painting or paint shop.
Automobile Repair, Minor. Upholstering of,
replacement of parts for and motor service to
passenger cars and trucks not exceeding one
and one half tons capacity, but not including
any operation named under "Automobile
Repair, Major" or any other similar operation
thereto.
Automobile Service Station or Filling Station.
An establishmentwhere bulk sales, fuels, oils or
accessories for motor vehicles are dispensed,
sold or offered for sale at retail only, and
where repair service is secondary.
Automobile Towing. An establishment
where emergency towing equipment is kept
along with incidental, temporary and minor
storage of vehicles and emergency repairs.
Automobile Wrecking. The dismantling or
disassembling of motor vehicles or trailers, or
the storage, sale or dumping of dismantled,
partially dismantled, obsolete or wrecked
vehicles or their parts. Two or more dis-
mantled, obsolete or inoperable motor vehicles
or parts thereof exposed to the public on one
lot shall constitute a wrecking yard.
Babysitter. A person who provides day care
services for children in the home of the baby-
sitter for not more than five children for eight
or more hours in a 24-hour period as a home
occupation. (Ord. 88-042 § 3, 1988)
Bank -Full Stage. The elevation at which
water overflows the natural banks of a stream,
river or lake and begins to inundate the upland.
In the absence of physical evidence, the two-
year reoccurrence interval flood elevation may
be used to approximate bank -full stage. (Ord.
86-058 §1, 1986)
Base Flood. The flood having a one percent
chance of being equalled or exceeded in any
given year. Also referred to as the 100 -Year
Flood." Designation on maps always includes
the letters A or V. (Ord. 88-042 § 3, 1988)
Bed and BreakfastInn. A single-familydwell-
ing unit where lodging and meals are provided,
for compensation, in which no more than two
(2) guest rooms are provided for no more than
six (6) travelers or transient guests. A guest
shall not rent for a time period longer than
fifteen (15) consecutive nights. (Ord. 88-042 §
3, 1988)
Bed or Banks of Stream or River. The
physical container of the waters of a stream or
river lying below bank -full stage, and the land
10 feet on either side of the container. (Ord.
86-058 § 1, 1986)
Basement. A man-made space wholly or
partly underground and having more than one-
half of its height, measured from its floor to its
ceiling, below the average adjoining finished
grade.
Bend Urban Area. That area lying inside the
adopted Bend Urban Growth Boundary and
outside the City of Bend boundaries.
Board. See "County Commission."
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Boarding or Lodging House. A dwelling or
part thereof, other than a hotel or motel or
multiple -family dwelling, where lodging with or
without meals is provided, for compensation,for
three or more persons.
Boat Dock or Pier, Community. A personal
use boating structure built over or floating
upon the water of a lake, river or stream which
serves more than one property owner for the
mooring of boats or as a landing place for
marine transport, and having a surface area of
320 square feet or less.
Boat Dock or Pier, Individual. A personal
use boating structure built over or floating
upon the water of a lake, river or stream which
serves one property owner for the mooring of
boats or as a landing place for marine trans-
port, and having a surface area of 160 square
feet or less.
Boat House. A covered or enclosed structure
designed to provide moorage and/or storage for
recreationalor commercialmarine transportand
built over or floating upon a lake, river or
stream.
Boat SHR. An area of bank or shore where
soil or other material is excavated to a level at
or below the level of the waters of an adjacent
lake, river or stream, to allow the mooring or
landing of marine transport within the exca-
vated area.
Boat Yard. A place where boats are con-
structed, dismantled, stored, serviced or repaired
including maintenance work thereon.
Building. Any structurebuilt 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.
(Ord. 80-217 § 1 Exhibit A, 1980)
Building, Height. The vertical distance from
the average contact ground level of the building
to the highest point of the building. (Ord. 88-
042 § 3, 1988)
Building Line. A line parallel to the lot line
and passing through the most forward point of
plane of a building.
Building Lot. A lot occupied or intended to
be occupied by a principal building or a group
of such buildings and accessory buildings,
together with such open spaces as are required
by this Ordinance, and having the required
frontage on a street and setbacks.
Building Main. A building within which is
conducted the principal use permitted on the
lot as provided in this Ordinance.
Building Official. The Building Official of
Deschutes County, Oregon.
Bulk Distribution Plant. A facility for the
storage of fuels or other volatile products and
for their distribution to retail sales facilities or
other bulk purchasers, regardless of ownership.
Car Wash. A lot on which motor vehicles
are washed or waxed either by the patron or
others, using machinery specially designed for
the purpose.
Church. A permanently located building
commonly used for religious worship, fully
enclosed with walls (including windows and
doors), having a roof (canvas or fabric
excluded) and conforming to applicable legal
requirements affecting design and construction.
CV. The City of Bend, Oregon, including
the following: City Commission, City Engineer,
City Manager, City Recorder -Treasurer.
Clinic. A place for group medical services
not involving overnight housing of patients.
Club. An association of persons (whether or
not incorporated), religious or otherwise, for a
common purpose, but not including groups
which are organized primarily to render a
service carried on as a business for profit.
Community Building. A building used for
and operated by a non-profit organization
whose membership is open to any resident of
the zone, neighborhood or community in which
the club is located; provided that the primary
objectives of the organization are the improve-
ment of the zone, neighborhood or community
and its social welfare and recreation.
Communi1y Sewage System. A sewage dis-
posal system which serves or is designed to
serve more than ten single residences or other
users for the purpose of disposing of household
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liquid wastes, but is neither a municipal nor a
public utility sewage disposal system, and must
be approved by the appropriate government
agency and must have legal financial provisions
for long-term operation and maintenance.
Community Storage Area. A facility estab-
lished in accordance with City and/or County
standards, designed to provide for the tem-
porary or permanent storage of boats, campers,
trailers and similar recreational vehicles or
equipment, and serving two or more unrelated
persons.
Community Water System. A domestic water
supply source or distribution system which
serves or is designed to serve more than three
single residences or other users for the purpose
of supplying water for household uses, but is
neither a municipal water system nor a public
utility water system, and must have legal finan-
cial provisions for long-term operation and
maintenance.
Comprehensive Plan. The duly adopted
Bend Area General Plan.
Condominium. A type of residential develop-
ment utilizing zero lot lines, individual owner-
ship of units and common ownership of open
spaces and other facilities, and which are regu-
lated, in part, by state law (ORS 91.657).
(Ord. 80-217 § 1 Exhibit A, 1980)
Conduit. Any tunnel, canal, pipeline,
aqueduct, flume, ditch or similar man-made
structure which is or may be used to convey
water. (Ord. 86-017 § 1, 1986)
Conservation Easement. A non -possessory
interest in real property conveyed by the prop-
erty owner to the County, imposing limitations
or affirmative obligations concerning the use of
the property. The purposes of a conservation
easement include, but are not limited to,
retaining or protecting natural, scenic or open
space values, public access, protecting natural
resources, maintaining or enhancing air and
water quality and preserving the historical,
archaeological or cultural aspects of the prop-
erty. (Ord. 86-055 § 1, 1986)
Contested Case. Proceedings in which the
legal rights, duties or privileges of specific
parties under the County zoning ordinance,
subdivision ordinance or other similar ordi-
nances regulating land use are required to be
determined only after public input and/or a
hearing at which speck parties are entitled to
appear and be heard.
Contiguous Land. Parcels of land under the
same ownership which abut each other.
Court Deschutes County, Oregon.
County Commission. The Deschutes County
Board of Commissioners.
Court. An open, unoccupied space, other
than a yard, on the same lot with a building or
group of buildings.
Curb Level. The level of the established curb
in front of the building measured at the center
of such front. Where no curb has been estab-
lished, the County engineer shall establish such
level or its equivalent.
Dam. Any man-made structure which is or
may be used to impound water. (Ord. 86-017
§ 1, 1986)
Day Care Center or Facility. An agency,
organization or individual providing daytime
care of six or more children not related by
blood, marriage to, or not the legal wards or
foster children of the attendant adult.
(Nursery.)
Dens i The number of residential dwelling
units per acre of land or the amount of land
area expressed in square feet of land assignable
to each dwelling unit in a residential develop-
ment, including, but not limited to, one house
on one lot, shall be computed as follows: the
gross area of land within the development; less
the total aggregate area dedicated for streets,
private parks and recreation facilities dedicated
or created as an integral part of the develop-
ment; divided by the total number of dwelling
units in the proposed development; equals the
density. Density shall run with the land in a
specific development and cannot be sold,
loaned or otherwise divorced or separated from
the specific development under consideration.
Destination Resort. A largely self-contained
facility offering recreational opportunities for
permanent residents and seasonal visitors,
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catering to members and guests. Minimum
area for a destination resort is 160 acres. (Ord.
80-217 § 1 Exhibit A, 1980)
Development. Any man-made change to
improved or unimproved real estate, including
but not limited to, buildings or other structures,
mining, dredging, filling, paving, excavation or
drilling operations. (Ord. 88-042 § 3, 1988)
Districts. When used herein, shall refer to
zones, unless obviously to the contrary.
Diversion. Any man-made structure which is
or may be used to deflect or divert water from
a river or stream into a conduit. (Ord. 86-017
§ 1, 1986)
Dude Ranch. A ranch operated wholly or in
part as a resort offering horse -back riding and
related activities as outdoor recreation oppor-
tunities and offering only temporary rental
accommodations for vacation use by non-resi-
dents. (Ord. 88-042 § 1, 1988)
Dwelling. A building or portion thereof
designed or used as the residence or sleeping
place of one or more persons.
A. Dwelling, Single -Family. A building
designed or used for residence purposes by not
more than one family and containing one
dwelling unit only, except for manufactured
homes as defined herein; also excluding such
temporary structures such as tents, teepees,
travel trailers and other similar uses.
B. Dwelling, Two -Family or Duplex. A
building designed or used for residence pur-
poses by not more than two families and con-
taining two dwelling units.
C. Dwelling, M�ult�ple-Family. A building
or portion thereof designed or used as a resi-
dence by three or more families and containing
three or more dwelling units.
Dwelling Unit One room, or a suite of two
or more rooms, designed for and used by one
family or housekeeping unit for living and
sleeping purposes and having not more than
one kitchen or kitchenette.
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.
Exempt Vegetation A tree or other plant
that is shown by the sunchart accompanying a
solar access permit application to cast existing
shade on a protected area. (Ord. 83-041 § 2,
1983)
Existing. Existing at the time of application.
(Ord. 83-041 § 2, 1983)
Familv. An individual, or two or more
persons related by blood, marriage, adoption or
guardianship, living together in a dwelling unit
in which board or lodging may also be provided
for not more than two additional persons,
excluding servants; or a group of not more than
five persons who need not be related by blood,
marriage, adoption or guardianship living
together in a dwelling unit.
Farm Use. The current employment 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 produce of, livestock, poultry, fur -bearing
animals or honey bees, or for dairying and the
sale of diary products, or any other agricultural
or horticulturaluse or animal husbandry, or any
combination thereof. "Farm use" includes the
preparation and storage of the products raised
on such land for human and animal use, and
disposal by marketing or otherwise. It does not
include the use of the land subject to the
provisions of ORS Chapter 321, or to the
construction and use of dwellings customarily
provided in conjunction with the farm use.
"Current employment" of land for farm use
includes:
A. Land subject to the soil -bank provi-
sions of the Federal Agricultural Act of 1956,
as amended (P. L. 85-540,70 Stat. 188);
B. Land lying fallow for one year as a
normal and regular requirement of good agri-
cultural husbandry; and
C. Land planted in orchards or other
perennials prior to maturity.
As used in this subsection, "accepted farming
practice" means a mode of operation that is
common to farms of a similar nature, necessary
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for the operation of such farms to obtain a
profit in money, and customarilyutilized in con-
junction with farm use.
Any structure, pen or corral wherein cattle,
horses, sheep, goats, swine or other similar
animals are maintained in close quarters for the
purpose of fattening such livestock for final
shipment to market or for breeding is a farm
use.
Fence, Sight Obscuring. A fence or planting
arranged in such a way to obstruct vision
throughout the year.
Fill. The deposit by artificial means of mate-
rial at a location within the waters of any lake,
river or stream, or in wetlands or riparian areas.
Fish Passage Device. Any man-made struc-
ture which is or may be used to enable fish to
pass over a dam to move upstream. (Ord. 86-
017 § 1, 1986)
Fish ProtectionDevice. Any man-madestruc-
ture, such as a fish screen, which is or may be
used to prevent fish from entering into or
passing through conduits, penstocks and other
water -conducting structures or devices
connected to a hydroelectric facility. (Ord. 86-
017 § 1, 1986)
Flood or Flooding. A general and temporary
condition of partial or complete inundation of
normally dry land areas from:
A. The overflow of inland or tidal waters,
and/or
B. The unusual and rapid accumulation
of runoff surface waters from any source.
(Ord. 88-042 § 2, 1988)
Flood Hazard Area. The relatively flat area
or lowland adjoining the channel of a river,
stream, other watercourse, lake or reservoir
which has been or may be covered by a base
flood.
Flood Insurance Rate Map (FIRM) The
official map on which the Federal Insurance
Administrationhas delineated both the areas of
special flood hazards and the risk premium
zones applicable to the community. (Ord. 88-
042 § 3, 1988)
Flood Insurance Study. The official report
provided by the Federal Insurance Administra-
tion that includes flood profiles, the Flood
Boundary-Floodway Map and the water surface
elevation of the base flood. (Ord. 88-042 § 3,
1988)
Floodway. The channel of a river or other
watercourse and the adjacent land areas that
must be reserved in order to discharge the base
flood without cumulatively increasing the water
surface elevation more than one foot. (Ord.
88-042 § 3, 1988)
Floor Area. The area included in
surrounding walls of a building or portion
thereof, exclusive of vent shafts and courts,
including the garage.
Frontage. That portion of a parcel of prop-
erty which abuts a dedicated public street or
highway or an approved private way.
Grade (Ground Level). The average eleva-
tion of the finished ground elevation at the
centers of all walls of a building; the sidewalk
elevation nearest the center of the wall shall
constitute the ground level.
Garage, Private. An accessory building or
portion of a main building used for the parking
or temporary storage of vehicles owned or
used by occupants of the main building.
Garage, Public. A building other than a
private garage used for the care and repair of
motor vehicles or where such vehicles are
parked or stored for compensation, hire or sale.
Guest House. An accessorybuilding used for
the purpose of providing temporary living
accommodations for guests, or for members of
the same family as that occupying the main
structure, and containing no kitchen or kitchen-
ette facilities.
Hearings Body. Planning Commission, Hear-
ings Officer, County Planning Commission,
County Legal Counsel and County Board of
Commissioners.
Hearing, Initial. See Deschutes County Ordi-
nance No. 82-011. (Ord. 86-033 § 1, 1986)
Hearings Officer. See Deschutes County
Ordinance No. 82-011. (Ord. 86-033 § 1, 1986)
Height of Building. The vertical distance
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from the grade to the highest point of the
coping of a flat roof, to the deck line of a
mansard roof or to the center height between
the highest and lowest points on other types of
roofs.
Highest Shade Producing Point. The highest
shade producing point of the structure two
hours before and after the solar zenith on
December 21. (Ord. 83-041 § 2, 1983)
Home Occupation. A use conducted entirely
within a dwelling, which use is clearly incidental
and secondary to the use of the dwelling for
dwelling purposes and with the conditions of
Section 19.88.140.
Hospital. Any institution, place, building or
agency which maintains and operates organized
facilities for 20 or more persons for the diag-
nosis, care and treatment of human illness,
including convalescence and care during and
after pregnancy, or which maintains and
operates organized facilities for any such
purpose, and to which persons may be admitted
for overnight stay or for a longer period.
Hotel. A building or portion thereof with
more than five sleeping rooms designed or used
for occupancy of individuals who are lodged,
with or without meals, and in which no
provision is made for cooking in any individual
room or suite.
Human Resource Facility. A facility under
the control of and financed by a unit of
government or religious, philanthropic, charit-
able or non-profit organization and devoted to
the housing, training or care of children, the
aged, indigent, handicapped or underprivileged,
including places of detention or correction.
Hydroelectric Facility. All aspects of any
project or development necessary for or related
to the generation of hydroelectric energy,
including, but not limited to, conduits, dams,
diversions, fish ladders and screens, generators,
impoundments,penstocks,turbines, transmission
facilities and related buildings, structures,
storage areas, access roads, parking areas and
surrounding and adjacent lands which are nece-
ssary for or related to the facility. (Ord. 86-017
§ 1, 1986)
Impoundment. Any man-made structure
which is or may be used to impound water.
(Ord. 86-017 § 1, 1986)
Junk Yard. A place where waste, discarded
or salvaged materials are stored, bought, sold,
exchanged, baled, packed, disassembled or
handled, including auto wrecking yards, house
wreckingyards, used lumber yards and places or
yards for storage of salvaged house wrecking
and structural steel materials and equipment;
but not including such places where such uses
are conducted entirely within a completely
enclosedbuilding, and not including pawn shops
and establishments for the sale, purchase or
storage of used furniture and household
equipment, used cars in operative condition or
salvaged materials incidental to manufacturing
operations.
Kennel. Any premises where four or more
dogs, cats or other small animals or any com-
bination thereof at least four months of age,
are kept commercially or permitted to remain
for board, propagation, training or sale, except
veterinary clinics and animal hospitals.
Land Use Action. See Deschutes County
Ordinance No. 82-011. (Ord. 86-033 § 1, 1986)
Landscaping. The term "landscaping"
includes primarily trees, grass, bushes, shrubs,
flowers and garden areas and incidental
arrangements of fountains, patios, decks, street
furniture and ornamentalconcreteor stonework
areas, and artificial turf or carpeting, but
excludes artificial plants, bushes, shrubs or
flowers.
Livestock. Animals of any kind kept or
raised for sale, resale, agriculture field produc-
tion or pleasure.
Livestock Feeding. An enclosure
designed or used for the purpose of concen-
trated feeding or fattening of livestock for
commercial slaughter.
Livestock Sales Yard. An enclosure or struc-
ture designed or used for holding livestock for
purposes of sale or transfer by auction, consign-
ment or other means.
Loading Space. An off-street space within a
building or on the same lot with a building, for
9
1019 - 01.55
the temporary parking of a commercial vehicle
or truck while loading or unloading merchan-
dise or materials and which space has direct
access to a street or alley.
Lot. A parcel of land used or capable of
being used under the regulations of this Ordi-
nance, lawfully created as such in accordance
with the subdivision laws or ordinances in effect
at the same time of this creation.
Lot Area. The total horizontal area con-
tained within the lot lines; said area shall be
computed as gross area for lots larger than 2.5
acres and net area for lots 2.5 and smaller.
The total horizontal net area within lot lines of
a lot is that square footage of a lot that is free
from roads, streets, rights-of-way or easements
of access to other property. The Planning
Director shall include in gross lot areas all
streets, roads and easements of access to other
property that would accrue to that lot if the
road, street or easementwere vacated, and shall
treat the gross areas of lots that have never
been previously described of record as other
than fractions of a section as if the section
contained 640 acres, in cases where a lot is
sought to be partitioned.
Lot, Comer. A lot abutting upon two or
more streets at their intersection, or upon two
parts of the same street, such streets or parts
of the same street forming an interior angle of
less than 135 degrees within the lot line.
Lot Coverage. That percentage of the total
lot area covered by structures as herein defined.
Lot Depth. The horizontal distance between
the front and the rear lot lines. In the case of
a comer lot, the depth shall be the length of
the longest front lot line.
Lot, Interior. A lot or parcel of land other
than a comer lot.
Lot Line. Any line bounding a lot as herein
defined.
Lot Line, Front. The property line abutting
a street.
Lot Line, Rear. A lot line not abutting a
street which is opposite and most distant from
the front lot line. In the case of an irregular
or triangular-shaped lot, a lot line 10 feet in
I <
length within the lot parallel to and at the
maximum distance from the front lot line.
Lot Line, Side. Any lot line not a front lot
line or a rear lot line.
Lot of Record.
A. A lot or parcel at least 5,000 square
feet in area and at least 50 feet wide, which
conformed to all zoning and subdivision or
partition requirements, if any, in effect on the
date the lot or parcel was created, and which
was created by any of the following means:
a. By partitioningland as defined in ORS
92.010(8);
b. By a subdivision plat, as defined in
ORS 92.010(9), filed with the Deschutes
County Surveyor and recorded with the
Deschutes County Clerk;
C. By deed or contract, dated and signed
by the parties to the transaction, containing a
separate legal description of the lot or parcel,
and recorded in Deschutes County if recording
of the instrument was required on the date of
the conveyance. If such instrument contains
more than one legal description, only one lot of
record shall be recognized unless the legal
descriptions describe lots in accordance with a
recorded subdivision or town plat;
d. By a town plat filed with the
Deschutes County Clerk and recorded in the
Deschutes County Record of Plats; or
e. By the subdividing or partitioning of
adjacent or surrounding land, leaving a
remainder lot or parcel.
B. The following shall not be deemed to
be a lot of record:
a. A lot or parcel created solely by a tax
lot segregation because of an assessor's roll
change or for the convenience of the assessor.
b. A lot or parcel created by an
intervening section or township line or right-of-
way.
C. A lot or parcel created by an
unrecorded subdivision, unless the lot or parcel
was conveyed in accordance with paragraph
(a)(3) of this section.
d. A parcel created by the foreclosure of
a security interest.
10
105 - 0 15 6
Lot, Through. An interior lot having a front-
age on two streets and/or highways.
Lot Width. The horizontal distance between
the side lot lines measured within the lot
boundaries or the mean distance between the
side lot lines within the buildable area. In the
case of a comer lot, lot width shall mean the
mean horizontal distance between the longest
front lot line and the opposite lot line not
abutting the street.
Lowest Floor. The lowest floor of the lowest
enclosed area (including basement). An un-
finished or flood resistant enclosure, usable
solely for parking of vehicles, building access or
storage, in an area other than a basement area,
is not considered a building's lowest floor,
provided that such enclosure is not built so as
to render the structure in violation of the
applicable non -elevation design requirements
of Section 19.72.070. (Ord. 88-042 § 3, 1988)
Maintain. To cause or allow to continue in
existence. When the context indicates, the
word shall mean to preserve and care for a
structure, improvement, condition or area to
such an extent that it remains attractive, safe
and presentative, and carries out the purpose
for which it was installed, constructed or
required.
Manufactured Home. A detached single-
family dwelling unit with all of the following
characteristics:
A. Designed for long-term occupancy and
containing sleeping accommodations, flush
toilet, a tub or showerbath and kitchen facili-
ties, with plumbing and electrical connections
provided for attachment to outside systems.
B. Designed to be transported after fabri-
cation on its own wheels or modular home on
flatbed or other trailers on detachable wheels.
C. Arriving at the site where it is to be
occupied as a dwelling, complete, ready for
occupancy except for minor and incidental
unpacking and assembly operations, location on
foundation supports, connection to utilities and
the like.
D. Does not conform to the Oregon State
Structural Code as defined in ORS 456.750,
subsection 9, or standards for prefabricated
structures as defined in ORS 456.750(6).
Manufactured Home Subdivision. A
subdivision designed and intended for residen-
tial use where residence is in manufactured
homes. (Ord. 80-217 § 1 Exhibit A, 1980)
Manufactured Home Park. Any place where
four or more manufactured homes are located
within 500 feet of one another on a lot, tract
or parcel of land under the same ownership,
the primary purpose of which is to rent space
or keep space for rent to any person for a
charge or fee paid or to be paid for the rental
or use of facilities, or to offer space free in
connectionwith securing the trade or patronage
of such a person.
Marina. A structure or structures built over
or floating upon the waters of a lake, river,
stream or man-made waterway that provides
moorage, launching, storage, supplies and
services for recreational and/or commercial
marine transport.
Modular Home. See "Prefabricated House."
Motel. A building or group of buildings used
for transient or residential purposes and con-
taining guest rooms or dwelling units with
automobile storage space provided in connec-
tion therewith; which building or group is
designed, intended, or used primarily for the
accommodation of transient automobile tra-
velers, including groups designated as auto
cabins, motor courts, motor hotels and similar
designations.
Municipal Water Supply System. A domestic
water supply source and distribution system
owned and operated by a city or county, or
owned and operated by a special district or
other public corporation which has indepen-
dent tax -levying powers to support the system
and which supplies water to a total of 1,000
or more households.
Nonconforming Use. A use of land or of a
building or structure, which use lawfully existed
at the time of the adoption of this Ordinance,
or of any amendment thereto, but which use
does not conform with the use regulations
11
10 -� 01.57
imposed by this Ordinance or such amendment
thereto.
Northern Lot Line. For the purposes of Sec-
tion 19.88.210, the northern lot line shall be the
northerly edge of the lot on which an appli-
cant's structure is located, unless directly north
of the lot is an unbuildable area, in which case
northern lot line means the northerly edge of
the buildable area. (Ord. 83-041 § 2, 1983)
Nursing Home. Any home, institution or
other structure maintained or operated for the
nursing and care of four or more ill or infirm
adults not requiring hospital care or hospital
facilities.
O.R.S. (ORS). Oregon Revised Statutes.
Ordinary High Water (OHM). The highest
line on the bank or shore of a lake, river or
stream to which the water ordinarily rises
annually in season.
Ordinary Low Water (OLM). The lowest
line on the bank or shore of a lake, river or
stream to which the water ordinarily recedes
annually in season.
Owner. The owner of record of real property
as shown on the tax rolls of Deschutes County,
or a person purchasing a piece of property
under contract. For the purposes of this Ordi-
nance in terms of violations and binding agree-
ments between the County and the owner, the
word "owner" shall also mean a leaseholder,
tenant or other person in possession or control
of the premises or property at the time of the
agreement or violation of agreement or the
provisions of this Ordinance.
Parking Area, Public. An open area, other
than a street or other public way, used for the
parking of automobiles and available to the
public whether for a fee, free or as an accom-
modation for clients or customers.
Parking Space. A durable and dustless,
permanently surfaced and marked area, exclud-
ing paved area necessary for access, for the
parking of a motor vehicle.
Pte. See Deschutes County Ordinance
No. 82-011.
Penstock. Any conduit or other structure
which is or may be used to convey water to the
driving mechanism of the generator. (Ord. 86-
017 § 1, 1986)
Permit. See Deschutes County Ordinance
No. 82-011.
Permittee. The person who is proposing to
use or who is using the land pursuant to any
permit required herein.
Person. See Deschutes County Ordinance
No. 82-011.
PlanningCommission. The Planning Commis-
sion of the Bend Urban Area.
Planning Director. The Director of the
Deschutes County Planning Department and
his/her delegate.
Planned Unit Development. The develop-
ment of an area of land as a single entity for a
number of units or 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 stan-
dard regulations otherwise required by this
Ordinance. (Ord. 80-217 § 1 Exhibit A, 1980)
Potential Structure. For purpose of solar
access protection, a potential structure is any
structure or building that could be built as a
permitted use in a particular location under
existing development standards under the
existing Deschutes County Comprehensive
Plan. (Ord. 83-041 § 2, 1983)
Principal Building. See "Building, Main."
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.
Productive Solar Collector. A solar collector
that provides no less than a) 10 percent of a
building's annual total energy requirements, or
b) 50 percent of a building's annual water
heating requirements. (Ord. 83-041 § 2, 1983)
Protect. Save or shield from loss, destruction
or injury or for future intended use.
Protected Area. The specific area which is
provided solar access for specific hours and
dates under this Ordinance. (Ord. 83-041 § 2,
1983)
Provide. Prepare, plan for and supply what
is needed.
12
105 - 0150
Public Works Director. The Director of
Deschutes County's Public Works Department,
or the Roadmaster or his/her delegate.
Public Utility Water System. A domestic
water supply source and distribution system
supplying water for household uses, owned and
operated by a person subject to regulation by
the Public Utility Commissioner of the State of
Oregon, and supplying water to a total of 500
or more households.
Public Water System. A system for the pro-
vision to the public of piped water for human
consumption, if such system has at least 15
service connections or regularly serves at least
25 individuals.
Quasi -Judicial. A zoning action entailing
application of a general rule or policy to
specific individuals or situations.
Recreational Facility, Private. A recreation
facility under private ownership and operated
by a for-profit or non-profit organization, open
to bona fide members, and providing one or
more of the following types of recreation
activity; tennis, handball, golf, squash, volleyball,
racquetball, badminton and swimming or other
similar types of uses.
Residential. Any dwelling unit or group of
units built or used for human occupancy.
Residential Care. Services such as supervi-
sion; protection; assistance while bathing,
dressing, grooming or eating; management of
money; transportation; recreation and the
providing of room and board. (Ord. 88-042 §
3, 1988)
Residential Care Facility. A facility that pro-
vides residential care for six or more physically
handicapped or socially dependent individuals
and which is licensed by the State Department
of Senior Services. (Ord. 88-042 § 3, 1988)
Right -of -Way. The area between the bound-
ary lines of a street, road or other easement.
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. (Ord. 88-042 §
3, 1988)
Roadway. That portion of a street or road
right-of-way developed for vehicular traffic.
Scenic Area. Land and other natural features
that are valued for their aesthetic values and
appearance.
Setback. The minimum allowable horizontal
distance from a given point or line of refer-
ence, such as property line, to the nearest
vertical wall or other element of a building or
structure as defined herein.
Shade. A shadow, except a shadow caused
by a narrow object, including but not limited to
a utility pole, an antenna, a wire or a flagpole.
(Ord. 83-041 § 2, 1983)
Site Plan. A plan prepared to scale, showing
accurately and with complete dimensioning, all
of the uses proposed for a specific parcel of
land.
Solar Access. Protection from shade for a
specific area during specific hours and dates,
but not including protection from shade cast by
exempt vegetation. (Ord. 83-041 § 2, 1983)
Solar Access Permit. The instrument issued
by the County which limits the size of non-
exempt vegetation on certain lots in the vicinity
of a recorded solar collector. (Ord. 83-041 § 2,
1983)
Solar Collector. Any object that uses solar
radiation for a useful purpose, including but not
limited to windows, walls, roofs and collectors.
(Ord. 83-041 § 2, 1983)
Solar Heating Hours. The hours and dates
during which solar access is provided. (Ord.
83-041 § 2, 1983)
Solar Height Restriction. The allowable
height of buildings, structures and non-exempt
vegetation on a property burdened by the solar
access of another property. (Ord. 83-041 § 2,
1983)
Street. A public thoroughfare or right-of-
way dedicated, deeded or condemned for use as
such, other than an alley, which affords the
principal means of access to abutting property,
including avenue, place, drive, lane, boulevard,
highway, road and any other thoroughfare.
Standing, Lem. See "standing" as defined in
Deschutes County Ordinance No. 82-011. (Ord.
13
105 - 0159
86-033 § 1, 1986)
Start of Construction. Means the first place-
ment of permanent construction of a structure
(other than a manufactured home) on a site,
such as the pouring of slabs or footings or any
work beyond the preparation, such as clearing,
grading and filling. Does not include excava-
tion for a basement, footings, piers or founda-
tions or the erection of temporary forms; nor
does it include the installation 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 manufactured home) without a basement or
poured permanent foundation or assembly of
the structure or any part thereof on its piling
or foundations, or for a manufactured home
not within a manufacturedhome park or manu-
factured home subdivision, "start of construc-
tion" means the affixing of the structure to its
permanent site. For manufactured homes
within manufactured home parks or manufac-
tured home subdivisions, "start of construction"
is the date on which the construction of facili-
ties for servicing the site on which the manu-
factured 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).
Structure. Anything constructedor built, any
edifice or building of any kind, or any piece of
work artificially built up or composed of parts
joined together in some definite manner, which
required location on the ground or is attached
to something having a location on the ground,
including swimming and wading pools and
covered patios, excepting outdoor areas such as
paved areas, driveways, walks and fences.
Structural Alteration. Any change in the
supporting members of a building, such as a
bearing wall, column, beam or girder, floor or
ceiling joist, roof rafters, roof diaphragms,
foundations, piles or retaining walls or similar
components.
SubstantiallyShaded. Less than 80 percent of
the available solar insolation is available during
winter solar heating hours to either the south
roof and/or wall of an existing or potential
structure. (Ord. 83-041 § 2, 1983)
Sunchart. A photograph or photographs
taken in accordance with the guidelines of the
Planning Director, which plots the position of
the sun during each hour of the day and each
month of the year relative to a protected area.
The sunchart shall contain, at a minimum:
A. Solar altitude in 10 degree increments;
B. Solar azimuth measured from true
south in 15 degree increments;
C. If the solar collector is more than 20
feet wide, the southern skyline as seen from the
two end points and from the center point of
the lower edge of the protected area; and
D. A clear delineation of the existing
objects which cast shadows on the protected
area, including hills, structures and deciduous
and evergreen vegetation. (Ord. 83-041 § 2,
1983)
Surface Mining. 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
consecutivecalendar months, including open -pit
mining refuse, the construction of adjacent or
off-site borrow pits (except those constructed
for use as access road), 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 prospectedor explored;
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 opera-
tions 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 form the beds or
banks of any waters of this state pursuant to
permit issued under ORS 541.605 to 541.660.
(Reclamationof Mining Lands, ORS 517.750 to
14
105 - 0160
Number 12.) (Ord. 80-217 § 1 Exhibit A,
1980)
Time Share Unit.
A. A dwelling unit, lot or parcel divided
into periods of time under any arrangement,
plan, scheme or device; whether by member-
ship, agreement, share, tenancy in common,
sale, lease, deed, rental agreement, license, right
to use agreement or otherwise; where a pur-
chaser, in exchange for consideration, receives
a right to use the dwelling unit, lot or parcel
for a period of time less than a full year during
any given year, but not necessarily for consecu-
tive years, which extends for a period of more
than three years; or
B. A dwelling or unit, lot or parcel
created into interests sold under an agreement
to be subsequently divided or created into
interests for the purpose of sale or lease or
other similar arrangement as set out in sub-
paragraph A above; whether immediate or
future, into eleven or more undivided interests
or eleven or more other interests, or any other
similar arrangement of interests in the dwelling
unit, lot or parcel. (Ord. 83-045 § 1, 1983)
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. (Ord. 80-217 § 1
Exhibit A, 1980)
Transmission Facility. The conductors, lines,
poles, towers, structures,corridors and construc-
tion staging and assembly areas necessary for or
associated with the transmission of electricity
from a hydroelectric facility for distribution.
(Ord. 86-017 § 1, 1986)
Travel Trailer. A travel trailer means a
"camping vehicle" as defined by Oregon
Revised Statutes, which is either a vacation
trailer or a self-propelled vehicle or structure
equipped with wheels for highway use and
which is intended for human occupancy and is
being used for vacation and recreational pur-
poses, but not for residential purposes, and is
equipped with plumbing, sink and toilet.
Unbuildable Area. An area in which a struc-
ture could not be built as a permitted use
under existing development standards for the
area under the existing Deschutes County
Comprehensive Plan. (Ord. 83-041 § 2, 1983)
Use. The purpose for which land or a struc-
ture is designed, arranged or intended, or for
which it is occupied or maintained.
Utili, Facility. Any major structures, exclud-
ing hydroelectric facilities, owned or operated
by a public, private or cooperative electric,
fuel, communications,sewage or water company
for the generation, transmission, distribution or
processing of its products or for the disposal of
cooling water, waste or by-products, and includ-
ing power transmission lines, major trunk
pipelines, power substations, water towers,
sewage lagoons, sanitary landfills and similar
facilities, but excluding local sewer, water, gas,
telephone and power distribution lines and
similar minor facilities allowed in any zone.
(Ord. 86-017 § 2, 1986)
Visual Obstruction. Any fence, hedge, tree,
shrub, device, wall or structure exceeding 2 1/2
feet in height above the elevation of the top of
the curb or ground as determined by the
Planning Director and so located at a street
intersection as to dangerouslylimit the visibility
of persons in motor vehicles on said street or
alleys. This does not include trees kept
trimmed of branches to a minimum height of
eight feet.
Walkway. A structure built over or floating
upon the waters of a lake, river or stream that
provides access to a boat dock or pier.
Wetland. Those areas that are inundated or
saturated by surface or ground water at a
frequency or duration sufficient to support, and
that under normal circumstances do support, a
prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetlands
include swamps, marshes, bogs and other similar
areas. (Ord. 86-058 § 1, 1986)
Winter Solar Heating Hours. The time
period extending two hours before and after
the solar zenith on December 21. (Ord. 83-041
§ 2, 1983)
15
104 0161
Yard. Means an open space on a lot which
is unobstructed from the ground upward,
except as otherwise provided in this Ordinance.
In determining the required yard for properties
abutting the Deschutes River, the edge of the
river shall be determined by the ordinary high-
water mark which shall be the mark on the
Deschutes River that will be found by examin-
ing the banks and ascertaining where the
presence and action of waters are so common
as to mark upon the soil a character distinct
from that of the abutting upland, in respect to
vegetation, as that condition existed on April 1,
1976, or as it may naturally change after;
provided that in any area where the ordinary
high-water mark cannot be found, the ordinary
high-water mark adjoining the Deschutes River
shall be the line of mean high-water or as
determined by the County Planning Commis-
sion on evidence submitted by the applicant
and other agencies.
Yard, Front. An open space extending the
full width of the lot between a building and the
front lot line, unoccupied and unobstructed
from the ground upward, except as specified
elsewhere in this Ordinance. Distances refer-
red to throughout this Ordinance shall con-
stitute building setback requirements.
Yard, Rear. An open space extending the
full width of the lot between a building and the
rear lot line, unoccupied and unobstructedfrom
the ground upward, except as specified else-
where in this Ordinance.
Yard, Side. An open space extending from
the front yard to the rear yard between a
building and the nearest side lot line,
unoccupied and unobstructed from the ground
upward, except as specified elsewhere in this
Ordinance.
Zero Lot Line Subdivision or Partition. A
type of residential subdivision or partition
utilizing zero lot lines between dwelling units
and providing for individual ownership of each
lot. (Ord. 88-042 § 3, 1988)
Zone. A portion of the territory of the Bend
Urban Area of Deschutes County within which
certain uniform regulations and requirements
or various combinationsthereof apply under the
provisions of this Ordinance.
A. Where certain uses are required to be
a specified distance from "any R zone" as
provided in this Ordinance, the term "any R
zone" shall include any RS, RM or RH zone.
B. The term "any C zone" shall include
any CN, CC, CL, CG, CH or CB zone.
C. The term "any I zone" shall include
any IP, IL or IG zone.
16
105 - 0102
Chapter 19.08
ESTABLISHMENT OF ZONES
AND ZONING MAPS
Sections:
19.08.010 Classification of Zones.
19.08.020 Application of Regulations to
Zones Generally.
19.08.030 Zoning Map.
19.08.040 Interpretation of Zoning
Boundaries.
19.08.010 Classificationof Zones.
For the purpose of this Ordinance, the Bend
Urban Area is divided into zones designated as
follows:
Map Symbols and
Zone Abbr. Designations
Urban Area Reserve UAR-10
Surface Mining
SM
Residential Suburban
Low Density
SR -2 1/2
Residential
Urban Low Density
RL
Residential Urban
Standard Density
RS
Residential Urban
Medium Density
RM
Residential
Urban High Density
RH
Commercial
Neighborhood
CN
Commercial
Convenience
CC
Commercial
Limited
CL
Commercial
Highway
CH
Commercial
General
CG
Industrial
Park
IP
Industrial
Light
IL
17
l®5 - 0103
Industrial
General IG
Flood Plain FP
(Ord. 80-217 § 1 Exhibit A, 1980)
19.08.020 Application of Regulations
to Zones Generally.
Except as hereinafter otherwise provided:
A. No building or part thereof or other
structure shall be erected, altered, added to or
enlarged, nor shall any land, building, structure
or premises be used for any purpose or in any
manner that is not included among the uses
hereinafter listed as permitted in the zone in
which such building, land or premises is located.
B. No building or part thereof or struc-
ture shall be erected, reconstructed or struc-
turally altered to exceed in height the limit
hereinafter designated for the zone in which
such building is located.
C. No building or part thereof or struc-
ture shall be erected, nor shall any existing
building be altered, enlarged, rebuilt or moved
into any zone, nor shall any open space be
encroached upon or reduced in any manner
except in conformity with the yard, setback,
building location, site area and coverage re-
quirements hereinafter prescribed for the zone
in which such building or open space is located.
D. No yard or other open space provided
about any building or on any building lot shall
be considered as providing a yard or other
open space for any other building or any other
building lot for the purpose of complying with
the provisions of this Ordinance.
19.08.030 Zoning Map.
A. The location and boundaries of the
zones designated in Section 19.08.010 are
hereby established as shown on the map
entitled "Zoning Map of the Bend Urban
Area," hereinafter referred to as the "Zoning
Map," dated with the effective date of this
Ordinance and signed by the County Commis-
sioners .
B. The signed copy of said Zoning Map
is maintained on file in the office of the
County Clerk and hereby made a part of this
Ordinance. Any revisions or replacements of
said map, when duly entered, signed and filed
with the County Recorder as authorized by
Section 19.08.030(C), are a part of this Ordi-
nance.
C. When the zoning of any area is
changed by the County Commission in the
manner prescribed by this Ordinance, the Plan-
ning Director shall cause the Official Zoning
Map to be revised so that it accurately portrays
said change, and shall endorse on the map
adjacent to said revision, the number of the
ordinance by which the change of zone was
affected. Failure to so revise the said map
shall not effect the validity of any zone change.
The County Commission may, from time to
time, direct the Planning Director to replace
the Official Zoning Map, or portion thereof,
with a map which includes all lawful changes of
zone and City boundaries to date. Such map,
or portion thereof, filed as a replacement, shall
bear the number of the ordinance authorizing
same and shall bear the dated, authenticating
signatures of the County Commission. Any
map, or portion thereof, thereby replaced, shall
be retained in a separate file by the County
Clerk.
19.08.040 Interpretation of Zoning
Boundaries.
In making a determinationwhere uncertainty
exists as to boundaries of any of the aforesaid
zones as shown on said Zoning Map, the
following rules shall apply:
A. Where zone boundaries approximatelX
follow streets, alleys or highways. Where zon-
ing boundaries are indicated as approximately
following the centerline or right-of-way line of
streets, alleys or highways, such lines shall be
construed to be such zoning boundaries.
B. Vacation of public warms. Whenever
any street, alley or other public way is vacated
in the manner authorized by law, the zone
district adjoining each side of such street, alley
or public way shall be automaticallyextended to
the center of the former right-of-way and all of
IN
105 - 0164
the area included in the vacation shall then and
henceforth be subject to all regulations of the
extended zones.
C. Where boundaries approximately
follow lot lines. Where zone boundaries are
indicated as approximately following lot lines,
such lines shall be construed to be said boun-
daries. If a zone boundary divides a lot into
two or more zones, the boundary shall be
determined by using the scale of the map and
measuring the distance from the property line
or distances specified on the map.
CHAPTER 19.12
URBAN AREA RESERVE
ZONE UAR-10
Sections:
19.12.010
Purpose
19.12.020
Permitted Uses
19.12.030
Conditional Uses
19.12.040
Height Regulations
19.12.050
Lot Requirements
19.12.060
Off -Street Parking
19.12.070
Other Required Conditions
19.12.010 Purpose.
To serve as a holding category and to provide
opportunity for tax differentials as urban
growth takes place elsewhere in the planning
area, and to be preserved as long as possible as
useful open space until needed for orderly
growth.
19.12.020 Permitted Uses.
The following uses are permitted:
A. Farm uses as defined in this
Ordinance.
B. Single-family dwelling.
C. Home occupation subject to Section
19.88.140.
D. Other accessory uses and accessory
buildings and structures customarily appur-
tenant to a permitted use subject to Section
19.92.020.
E. Day care center facilities subject to site
review, Chapter 19.76 and Section 19.88.160.
F. Manufactured homes meeting the
standards of Chapter 19.96 of this Ordinance as
Class A manufactured homes and located in a
parcel of five (5) acres or larger in size. (Ord.
88-042 § 4, 1988)
19.12.030 Conditional Uses.
The following conditional uses may be per-
mitted subject to a conditional use permit and
the provisions of Section 29 and Section 24.
19
saes - 0165
A- Dude or guest ranch.
B. Commercial riding stable subject to
Section 19.88.020.
C. Livestock sales yard.
D. Commercial livestock feeding yard.
E. Mining, quarrying or other extraction,
processing or refining of ore of other natural
resource material subject to Section 19.88.100.
F. Cemeteriesand mausoleums, cremator-
ies, columbariums and mortuaries within ceme-
teries provided that no mortuary or cremator-
ium is within 100 feet of a boundary street, or
where no street borders the cemetery within
200 feet of a lot in a residential zone and
subject to Section 19.88.030.
G. Churches.
H. Communitybuildings, lodge and frater-
nal organizations, except those carried on as a
business for profit.
I. Public, parochial and private schools,
but not including business, dancing, trade,
technical or similar schools.
J. Parks and recreation facilities, fire
stations, libraries, museums, but not including
storage or repair yards, warehouses or similar
uses.
K. Recreation facility, public or private,
but not including such intensive commercial
recreation uses as a race track or amusement
park.
L. Utility substations or pumping stations
with no equipment storage and sewage treat-
ment facilities subject to Section 19.88.120.
M. Manufacturedhomes meeting the stan-
dards of Chapter 19.96 of this Ordinance as a
Class A manufactured home and located on a
parcel of less than five (5) acres in size. (Ord.
88-042 § 5, 1988)
N. Kennel or animal hospital subject to
Section 19.88.020.
O. Planned unit development subject to
Chapter 19.104. (Ord. 80-217 § 1 Exhibit A,
1980)
P. Destination resort. (Ord. 80-217 § 1
Exhibit A, 1980)
Q. A plant nursery subject to Section
19.88.180. (Ord. 81-006 § 1, 1981)
R. Time share unit or the creation there-
of, subject to Section 19.88.230. (Ord. 83-045
§ 2, 1983)
S. Hydroelectric facility subject to Sec-
tion 19.88.190. (Ord. 86-017 § 3, 1986)
19.12.040 Height Regulations.
No building or structure shall be hereafter
erected, enlarged or structurally altered to ex-
ceed 30 feet in height.
19.12.050 Lot Requirements.
The following requirements shall be
observed:
A. Lot Area. Each lot shall have a mini-
mum area of ten acres.
B. Lot Width. Each lot shall have a
minimum average width of 300 feet with a
minimum street frontage of 150 feet.
C. Front Yard. The front yard shall be a
minimum of 50 feet from the existing street
right-of-way line or the ultimate street right-of-
way as adopted on the Comprehensive Plan or
Official Map, except that any lot of record less
than one acre in size lawfully created prior to
(effect date of this Ordinance) shall have a
minimum front yard of 30 feet.
D. Side Yard. There shall be a minimum
side yard of ten feet.
E. Rear Yard. There shall be a minimum
rear yard of fifty feet.
F. Solar Setback. The solar setback shall
be as prescribed in Section 19.88.210. (Ord.
83-041 § 5, 1983)
19.12.060 Off -Street Parlrinng.
Off-street parking shall be provided as
required in Chapter 19.80.
19.12.070 Other Required Conditions.
See Chapter 19.88 applying to special uses
where applicable.
Pa
105 - 0166
Chapter 19.16
SURFACE MWING ZONE - SM
Sections:
19.16.010
Purpose
19.16.020
Uses Permitted Outright
19.16.030
Conditional Uses
19.16.040
Dimensional Standards
19.16.050
Use Setbacks
19.16.060
Site Plan Review
19.16.070
Site Plan Requirements
19.16.080
Special Requirements
Relating to Residential
Areas
19.16.090
Procedure Upon Filing of Site
Plan
19.16.100
Approval of Site Plan
19.16.110
Bond
19.16.120
Failure to Comply
19.16.130
Exceptions
19.16.140
SM NonconformingUses
19.16.150
Nuisances
19.16.010 Purpose.
The purpose of the Surface Mining Zone is
to allow the extraction of surface mining mater-
ials needed by the community while protecting
the health and safety of adjoining residents and
uses.
19.16.020 Uses Permitted Outright.
In the SM Zone, the following uses and their
accessory uses are permitted outright subject to
the provisions of this chapter:
A. Extractionof all materials, sand, gravel,
rock, cinders, pumice, topsoil, fill material
(including select fill) and any other mineral or
aggregate material.
B. Crushing, processing, washing and
sizing located at least one-half mile from a
residential area.
C. Caretaker's residence.
21
D. Buildings, structures, apparatus, equip-
ment and appurtenances necessary for these
uses to be carried on.
E. Sale of products produced from the
site.
19.16.030 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
Chapters 19.76 and 19.100:
A. Ore smelter using materials 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 and mineral refining plants,
when within one-half mile of a residential
dwelling.
D. Landfills when a written tentative
approval by DEQ is submitted with the condi-
tional use application.
E. Utility facility.
F. Hydroelectric facility, in accordance
with Chapters 19.88 and 19.100 of this Ordi-
nance. (Ord. 86-017 § 4, 1986)
19.16.040 Dimensional Standards.
In an SM Zone, the following dimensional
standard shall apply:
A. The minimum lot size shall be as
determined by the Planning Director to be
necessary for the protection of the public
health, safety and welfare.
19.16.050 Use Setbacks.
A. Uses within an SM Zone shall maintain
a 100 foot setback from the property line when
adjacent to a residential dwelling.
B. Three hundred foot setback shall be
maintained from the property lines adjoining
roads that are in Landscape ManagementAreas
as defined in the Comprehensive Plan, as well
as from any stream or lake.
C. Solar Setback. The solar setback shall
be as prescribed in Section 19.88.210. (Ord.
83-041 § 6, 1983)
19.16.060 Site Plan Review.
(Not to apply to nonconforming uses as
defined in Section 19.16.140.) In an SM Zone,
a use permitted outright or a conditional use
shall be subject to the provisions of this Sec-
tion. Before development of any new site or
expansion 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 develop-
ment of the site shall be in full conformance
with the approved site plan.
19.16.070 Site Plan Requirements.
A site plan shall provide for the following:
A. A reclamation plan, meeting guide-
lines and in a format established by the County
and satisfying such additional standards as are
set forth herein.
B. A maintenance program. All build-
ings, structures and equipment 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 hazardous. 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 regulations and County
ordinances.
D. A complete description of all planned
uses.
E. The Planning Director may require the
following at the time of site plan approval:
a. An increase or decrease in required
setbacks.
22
JOS
b. Screening of the proposed use, or parts
thereof, by fencing or landscaping.
C. Limitations on lighting.
d. An adequate plan for phased mining
and reclamation of the site.
e. Restrictions on the hours, days and
noise levels of operation.
E Applicants may be required to provide
dust -free site access roads near residential
areas.
g. When SM operations meet the criteria
for conflict levels III or IV as specified below,
the Planning Director may, in addition, place
more stringent criteria upon the operations in
accordance with Section 19.16.080.
h. Adequate water supplies to enable
landscaping reclamation and dust control
conditions are to be met.
19.16.080 Special Requirements
Relating to Residential
Areas.
A. Unless the applicant can show that the
natural topography of the site offers sufficient
screening of the site from public view, the
exposed side of the operation shall be screened
with landscaped berms, hedges, walls, fences or
similar devices to effectively screen the site
from the public.
B. If necessary, during the site plan
review, the Planning Director may determine
that meeting screening requirements is not
economically feasible or physically possible.
C. When an unusually high level of
conflict exists off-site, stock piling and/or pro-
cessing may be required.
19.16.090 Procedure Upon Filing of
Site Plan.
A. Each application and site plan shall be
reviewed by the Planning Director for confor-
mance with this Ordinance and the Comprehen-
sive 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 No. 82-011. 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 be submitted. The entire
process leading to a decision shall not exceed
45 days. (Ord. 86-033 § 1, 1986)
C. a. If, after the Planning Director
renders his decision, the applicant or affected
persons feels it necessary, the applicant or
affected person may appeal the decision to the
Hearings Officer. If such a decision is referred
to the Hearings Officer, he may at his discre-
tion, either hold a public hearing and call for
public testimony, or he may determine the case
without open public testimony and hearing by
weighing the evidence as presented by the
Planning Director and the applicant and then
making a decision. In either case, the proce-
dure before the Hearings Officer shall follow
the applicable portions of the Procedural Ordi-
nance, No. 82-011. The Hearings Officer's
decision may be appealed to the Board by the
applicant, affected person or Planning Director.
(Ord. 86-033 § 1, 1986)
b. Hearings Officer review, which shall
occur when the site is submitted with a pro-
posed zone change, shall follow in accordance
with County Procedural Ordinance No. 82-011.
(Ord. 86-033 § 1, 1986)
C. The Planning Director's and/or
Hearings Officer's decision shall be 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.
d. The Planning Director and/or Hearings
Officer shall approve a site plan only if in
conformance with all applicable regulations,
this Ordinance and the Comprehensive Plan.
19.16.100 Approval of Site Plan.
(Not to apply to nonconforming uses as
defined in Section 19.16.140.)
23
10rza - 01.69
A. A site plan final approval shall expire
12 months from the date of approval unless the
project has commenced in accordance with the
approved site and reclamation plans. Upon
petition by the original applicant showing good
cause, an extension for an additional 12 months
may be granted by the Planning Director. The
operating approval shall be valid for a period of
time specified by the reclamation plan, except
as otherwise limited therein.
B. The Planning Director or his designate
shall review each site plan approval annually.
A reasonable fee for this inspection shall be
paid to the County by the permittee. Unless a
violation of the site plan or obvious health or
safety hazard is found, the permit shall be
renewed. The Planning Director's decision may
be appealed as in Section 19.16.090(C).
19.16.110 Bond.
A bond or security deposit shall be required
of all applicants sufficient to cover costs plus
10% of necessary road improvements, berming,
reclamation, landscaping and other pertinent
conditions.
19.16.120 Failure to Comply.
A. If the Planning Director determines
that the permittee is not in compliance with the
site plan, he may institute enforcement
proceedingsto require such compliance. Enfor-
cement may include citing the permittee to
District Court, injunctive proceedings or enfor-
cement of the bond provisions.
B. If a permittee fails to faithfully per-
form the reclamation required by his reclama-
tion plan, or if the bond or security deposit
required by Section 19.16.110 is not sufficient
to compensate the County for all reasonable
necessary expenses incurred by it in performing
the reclamation plan, the amount due shall be
a lien upon all property, whether real or per-
sonal, owned by the permittee.
19.16.130 Exceptions.
This Ordinance shall not apply to the follow-
ing:
A. Excavation or grading operations con-
ducted in the process of farming or cemetery
operations.
B. Mineral and aggregate activities when
assumed by the Oregon Division of State Lands
pursuant to ORS Chapter 541.605 through
541.660.
C. Dredging mineral and aggregate
materials administered by Oregon 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 Practices
Act (ORS 527.610 through 527.730), as
amended by Chapter 400, Section I of Oregon
Laws of 1979 and regulations thereunder
which preempt County law.
19.16.140 SM NonconformingUses.
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.
19.16.150 Nuisances.
Any use which creates a nuisance shall be
reviewed by the Planning Director at the time
of a citizen complaint or complaint by Planning
Department staff. Such review shall carry
penalties as outlined in Section 19.120.020.
(Ord. 80-217 § 1 Exhibit A, 1980)
24
IoEi - 0170
Chapter 19.20
SUBURBAN LOW DENSITY
RESIDENTIAL ZONE - SR 2 1/2
Sections:
19.20.010 Purpose
19.20.020 Permitted Uses
19.20.030 Conditional Uses
19.20.040
Height Regulations
19.20 050
Lot Requirements
19.20.060
Off -Street Parking
19.20.070
Other Required Conditions
19.20.010 Purpose.
To encourage, accommodate, maintain and
protect large lot suburban type residential
developments in areas without community
sewer services in suburban areas or in areas
which, because of location and physical charac-
teristics, are well suited for such development.
19.20.020 Permitted Uses.
The following uses are permitted:
A. Single-family dwelling.
B. Farming, excluding the keeping of live-
stock.
C. Home occupations subject to Section
19.88.140.
D. Other accessory uses and accessory
buildings and structures customarily appur-
tenant to a permitted use subject to Section
19.92.020.
E. Manufactured homes meeting the
standards of Chapter 19.96 of this Ordinance as
a Class A manufactured home and located on
a parcel of five (5) acres or larger in size.
(Ord. 88-042 § 6, 1988)
19.20.030 Conditional Uses.
The following conditional uses may be per-
mitted subject to a conditional use permit as
provided in Chapters 19.76 and 19.100:
A. Churches subject to Section 19.88.040.
105 - 0171
B. Cemeteries and mausoleums,cremator-
ies, columbariums and mortuaries within ceme-
teries provided that no mortuary or cremator-
ium is within 100 feet of a boundary street, or
where no street borders the cemetery, within
200 feet of a lot in a residential district and
subject to Section 19.88.030.
C. Community buildings, lodge and
fraternal organizations, except those carried on
as a business for profit, and subject to Section
19.88.050.
D. Public, parochial and private schools,
including nursery schools, kindergartens and
day nurseries; but not including business,
dancing, trade, technical or similar schools
subject to Section 19.88.160.
E. Parks and recreation facilities, fire
stations, libraries, museums; but not including
storage or repair yards, warehouses or similar
uses.
F. Recreation facilities, public or private;
but not including such intensive commercial
recreation uses as a racetrack or amusement
park.
G. Utility substations or pumping stations
with no equipment storage and sewage treat-
ment facilities subject to Section 19.88.120.
H. Manufactured homes meeting the
standards of Chapter 19.96 of this Ordinance as
a Class A manufactured home and located on
a parcel less than five (5) acres in size. (Ord.
88-042 § 7, 1988)
I. Keeping of livestock subject to Section
19.88.070.
J. Kennel or commercial riding stable
subject to Section 19.88.020.
K. Planned unit development subject to
the provisions of Chapter 19.104.
L. Plant nurseries subject to Section
19.88.180. (Ord. 81-006 § 2, 1981)
M. Hydroelectric facility subject to
Chapters 19.88 and 19.100. (Ord. 86-017 § 5,
1986)
N. Time share unit subject to Section
19.88.230. (Ord. 83-045 § 3, 1983)
19.20.040 Height Regulations.
No building or structure shall hereafter be
erected, enlarged or structurally altered to
exceed 30 feet in height.
19.20.050 Lot Requirements.
The following lot requirements shall be
observed:
A. Lot Area. Each lot shall have a mini-
mum area of 2.5 acres.
B. Lot Width. Each lot shall be a mini-
mum width of 200 feet.
C. Front Yard. The front yard shall be a
minimum of 40 feet.
D. Side Yard. There shall be a minimum
side yard on each side of a building of not less
than ten feet.
E. Rear Yard. There shall be a rear yard
having a depth of not less than twenty feet.
F. Solar Setback. The solar setback shall
be as prescribed Section 19.88.210. (Ord. 83-
041 § 7, 1983)
19.20.060 Off-StreetParldng.
Off-street parking shall be provided as
required in Chapter 19.80.
19.20.070 Other Required Conditions.
See Chapter 19.88, applying to Special Uses,
and Chapter 19.76.
26
017
Chapter 19.24
URBAN LOW DENSITY
RESIDENTIAL ZONE - RL
Sections:
19.24.010 Purpose
19.24.020 Permitted Uses
19.24.030 Conditional Uses
19.24.040 Height Regulations
19.24.050 Lot Requirements
19.24.060 Off -Street Parking
19.24.070 Other Required Conditions
19.24.010 Purpose.
The RL Zone is intended to provide large
urban lots for development with a community
water system and individual sewage disposal
systems where soils will accommodate individ-
ual disposal systems.
19.24.020 Permitted Uses.
The following uses are permitted:
A. Single-family dwelling.
B. Agriculture, excluding the keeping of
livestock.
C. Home occupations subject to the
provisions of Section 19.88.140.
D. Other accessory uses and accessory
buildings and structures customarily appur-
tenant to a permitted use subject to Section
19.92.020.
19.24.030 Conditional Uses.
The following conditional uses may be per-
mitted subject to a conditional use permit and
the provisions of Chapters 19.76 and 19.100.
A. Manufactured home subdivision sub-
ject to standards in Section 19.88.280.
B. Churches subject to Section 19.88.040.
C. Cemeteries and mausoleums,
crematories, columbariums and mortuaries
within cemeteries provided that no mortuary or
crematorium is within 100 feet of a boundary
street, or where no street borders the cemetery,
27
1019 - 0173
within 200 feet of a lot in a residential district
and subject to Section 19.88.030.
D. Public, parochial and private schools,
including nursery schools, kindergartens and
day nurseries; excludingbusiness, dancing, trade,
technical or similar schools subject to Section
19.88.160.
E. Parks and recreation facilities, fire sta-
tions, libraries, museums; but not including
storage or repair yards, warehouses or similar
uses.
F. Recreation facilities, including country
clubs, golf courses, swimming clubs, tennis
clubs; but not including such intensive commer-
cial recreation uses as a racetrack or amuse-
ment park.
G. Utility substations or pumping stations
with no equipment storage or sewage treatment
facilities.
H. Planned unit developments subject to
provisions of Chapter 19.104.
I. Temporary subdivision tract offices.
J. Communitybuildings, lodge and frater-
nal organizations, except those carried on as a
business for profit and subject to Section
19.88.050.
K. Keeping of livestock subject to Section
19.88.070.
L. Moving in a single-family dwelling
built prior to January 1, 1961.
M. Manufactured home park subject to
Section 19.88.280.
N. Duplex on a lot of 40,000 square feet
or larger.
O. Plant nurseries subject to Section
19.88.180. (Ord. 81-006 § 3, 1981)
P. Time share unit or the creation there-
of, subject to Section 19.88.230. (Ord. 83-045
§ 4, 1983)
Q. Hydroelectric facility, in accordance
with Chapter 19.100 and Section 19.88.190.
(Ord. 86-017 § 6, 1986)
19.24.040 Height Regulations.
No building or structure shall be hereafter
erected, enlarged or structurally altered to
exceed 30 feet in height.
19.24.050 Lot Requirements.
The following lot requirements shall be
observed, provided that the Hearings Body or
Planning Director may allow smaller lots or
different housing types in a new subdivision
approved pursuant to this Ordinance and
consistent with the Comprehensive Plan desig-
nation for preservation of forested areas or
significant rock outcroppings when these lots
are internal to the subdivision or after hearing
if they are located on the edge of the new plat.
A. Lot Area. Every lot shall have a mini-
mum area of 20,000 square feet.
B. Lot Width. Every lot shall have a
minimum average width of 100 feet.
C. Frontage. Every lot shall have a mini-
mum width at the street of 50 feet, except that
on an approved cul-de-sac this may be reduced
to 30 feet.
D. Front Yard. The front yard shall be a
minimum of 30 feet.
E. Side Yard. A side yard shall be a min-
imum of 5 feet and the sum of the two side
yards shall be a minimum of 15 feet.
F. Rear Yard. The rear yard shall be a
minimum of twenty feet.
G. Lot Coverage. Maximum lot coverage
by buildings and structures shall be 35 percent
of the lot area.
H. Solar Setback. The solar setback shall
be as prescribed in Section 19.88.210. (Ord.
83-041 § 8, 1983)
19.24.060 Off -Street Parking.
Off-street parking shall be provided as
required in Chapter 19.80.
19.24.070 Other Required Conditions.
See Chapter 19.88 applying to Special Uses
and Chapter 19.76.
Kfl
105 - 0174
Chapter 19.28
URBAN STANDARD RESIDENTIAL
ZONE - RS
Sections:
19.28.010
Purpose
19.28.020
Permitted Uses
19.28.030
Conditional Uses
19.28.040
Height Regulation
19.28.050
Lot Requirements
19.28.060 Off -Street Parking
19.28.070 Other Required Conditions
19.28.010 Purpose.
The RS Zone is intended to provide for the
most common urban residential densities in
places where community sewer services are or
will be available and to encourage, accom-
modate, maintain and protect a suitable
environment for family living.
19.28.020 Permitted Uses.
The following uses are permitted:
A. Single-family dwelling.
B. Agriculture, excluding the keeping of
livestock.
C. Rooming and boarding of not more
than two persons.
D. Home occupation subject to the provi-
sions of Section 19.88.140.
E. Other accessory uses and buildings and
structures customarily appurtenant to a per-
mitted use subject to Section 19.92.020.
19.28.030 Conditional Uses.
The following uses may be permitted subject
to a conditional use permit and the provisions
of Chapters 19.76 and 19.100:
A. Manufactured home subdivision
subject to standards of Section 19.88.280.
B. Churches subject to Section 19.88.040.
C. Cemeteries and mausoleums,
crematories, columbariums and mortuaries
within cemeteries provided that no mortuary or
29
1U 0175
crematorium is within 100 feet of a boundary
street, or where no street borders the cemetery,
within 200 feet of a lot in a residential district
and subject to Section 19.88.030.
D. Public, parochial and private schools,
including nursery schools, kindergartens and
day nurseries; excludingbusiness, dancing, trade,
technical or similar schools subject to Section
19.88.160.
E. Parks and recreation facilities, fire sta-
tions, libraries, museums; but not including
storage or repair yards, warehouses or similar
uses.
F. Recreation facilities, including country
clubs, golf courses, swimming clubs, tennis
clubs; but not including such intensive commer-
cial recreation uses as a racetrack or amuse-
ment park.
G. Utility substations or pumping stations
with no equipment storage or sewage treatment
facilities.
H. Planned unit developments subject to
provisions of Chapter 19.104.
I. Temporary subdivision tract offices.
I Rear lot development subject to site
plan approval as provided in Chapter 19.76 and
Section 19.88.130.
IC Communitybuildings, lodge and frater-
nal organizations, except those carried on as a
business for profit and subject to Section
19.88.050.
L. Duplex in areas designated RS
provided that each lot occupied by a duplex
shall have a minimum area of 12,000 square
feet.
M. Two single-family dwellings on one lot
in areas designated RS provided that each lot
occupied by two single-family dwellings shall
have a minimum area of 12,000 square feet and
also provided that all yard and coverage
requirements set forth in Section 19.28.050 are
observed. In addition, no dwelling unit shall
be located within 10 feet of any other dwelling
unit on the same lot. There shall be provided
for the rear dwelling unoccupied and
unobstructed access not less than 15 feet wide
to the street fronting the lot.
N. Keeping of livestock subject to Section
19.88.070.
O. Moving in a single-family dwelling
built prior to January 1, 1961.
P. Manufactured home park subject to
Section 19.88.280.
Q. Condominiums.
R. Plant nurseries subject to Section
19.88.180. (Ord. 81-006 § 4, 1981)
S. Time share unit or the creation
thereof, subject to Section 19.88.230. (Ord. 83-
045 § 5, 1983)
T. Hydroelectric facility in accordance
with Chapter 19.100 and Section 19.88.190.
(Ord. 86-017 § 7, 1986)
U. Dwelling groups, subject to the provi-
sions of Section 19.88.250. (Ord. 88-042 § 8,
1988)
V. Radio and televisiontransmissionfacili-
ties. (Ord. 88-042 § 8, 1988)
W. Bed and breakfast inn, subject to the
standards set forth in Section 19.88.260. (Ord.
88-042 § 8, 1988)
X. Residential care facility. (Ord. 88-042
§ 8, 1988)
Y. Zero Lot Line Subdivisionor Partition.
Regulations for a side yard setback may be
waived for an approved zero lot line subdivision
or partition.
19.28.040 Height Regulations.
No building or structure shall be hereafter
erected, enlarged or structurally altered to
exceed 30 feet in height.
19.28.050 Lot Requirements.
The following lot requirements shall be
observed, provided that the Hearings Body or
Planning Director may allow smaller lots or
different housing types in a new subdivision
approved pursuant to this Ordinance and
consistent with the Comprehensive Plan desig-
nations for preservation of forested areas or
significant rock outcroppings when these lots
are internal to the subdivision or after hearing
if they are located on the edge of the new plat.
30
105 -0176
A. Lot Area. Every lot shall have a mini-
mum area of 6,000 square feet.
B. Lot Width. Every lot shall have a
minimum average width of 60 feet, except that
a comer lot shall be a minimum of 70 feet.
C. Frontage. Every lot shall have a mini-
mum width at the street of 50 feet, except that
on an approved cul-de-sac, this may be reduced
to 30 feet.
D. Front Yard. The front yard shall be a
minimum of twenty feet, except an existing
forty or fifty foot comer lot may have one
front yard of ten feet provided that the garage
or carport is at least 20 feet from the property
line.
E. Side Yard. A side yard shall be a
minimum of 5 feet and the sum of the two side
yards shall be a minimum of 15 feet.
F. Rear Yard. The rear yard shall be a
minimum of 5 feet.
G. Lot Coverage. Maximum lot coverage
by buildings and structures shall be 35 percent
of the lot area.
H. Solar Setback. The solar setback shall
be as prescribed in Section 19.88.210. (Ord.
83-041 § 9, 1983)
19.28.060 Off -Street Parking.
Off-street parking shall be provided as
required in Chapter 19.80.
19.28.070 Other Required Conditions.
See Chapter 19.88 applying to Special Uses,
and Chapter 19.76.
Chapter 1932
IIIJOKAID11411 1
Sections:
1932.010
Purpose
1932.020
Permitted Uses
1932.030
Conditional Uses
1932.040
Height Regulations
1932.050
Lot Requirements
1932.060 Off -Street Parking
1932.070 Special Yards and Distances
Between Buildings
1932.080 Other Required Conditions
1932.010 Purpose.
This zone is intended to provide for the
development of low density multiple -family
residential structures which are reasonably
spaced on the lot to provide for light, air,
privacy, safety and insulation against trans-
mission of off-site sound. Each development
of three or more units is subject to site plan
approval as provided in Chapter 19.76.
1932.020 Permitted Uses.
The following uses are permitted:
A. Two-family dwelling or duplex.
B. Two single-family dwellings on one
lot, provided that no dwelling is located within
10 feet of any other dwelling on the same lot,
and also provided that all lot area, yard and
coverage requirements set forth in Section
19.32.050 are observed. There shall be
provided for the rear dwelling unoccupied and
unobstructed access not less than 15 feet wide
to the street fronting the lot.
C. Multiple -family dwellings, apartment
houses, dwelling groups and condominiums.
D. Home occupations in a detached
single-family unit or duplex and subject to the
provisions of Section 19.88.140.
E. Offices incidental and necessary to the
conduct of a permitted use.
31
10:---- 0171
F. Off-street parking lots when appurte-
nant to a permitted use.
G. Manufactured home park subject to
the provisions of Section 19.88.280.
H. Day care, kindergarten or nursery
school. (Ord. 88-042 § 9, 1988)
I. Farming, excluding the keeping of live-
stock. (Ord. 88-042 § 10, 1988)
1932.030 Conditional Uses.
The following conditional uses may be per-
mitted subject to a conditional use permit and
the provisions of Chapters 19.76 and 19.100:
A. Nursing homes, rooming and boarding
houses.
B. Churches subject to Section 19.88.040.
C. Public, parochial and private schools,
including nursery schools, kindergartens and
day nurseries; excludingbusiness, dancing, trade,
technical or similar schools subject to Section
19.88.160.
D. Parks and recreation facilities, fire sta-
tions, libraries, museums; but not including
storage or repair yards, warehouses or similar
uses.
E. Planned unit development subject to
the provisions of Chapter 19.104.
F. Utility substations or pumping stations
with no equipment storage or sewage treatment
facilities, subject to Section 19.88.120.
G. Off-street parking lots when contig-
uous to a less restrictive zoning district.
H. Building over 30 feet in height.
I. Human resource facility.
J. Moving and location of a dwelling built
prior to January 1, 1961.
K. Single-family dwelling.
L. Community building, lodge and frater-
nal organizations, except those carried on as a
business for profit, and subject to Section
19.88.050.
M. Time share unit or the creation there-
of, subject to Section 19.88.230. (Ord. 83-045
§ 6, 1983)
N. Hydroelectric facility, in accordance
with Chapter 19.100 and Section 19.88.190.
(Ord. 86-017 § 8, 1986)
O. Radio and television transmission
facilities. (Ord. 88-042 § 11, 1988)
1932.040 Height Regulations.
No building or structure shall be hereafter
erected, enlarged or structurally altered to
exceed a height of 30 feet without a conditional
use permit.
1932.050 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 unit square
footages based upon the number of bedrooms
per additional dwelling unit in the following
table:
Studio or Efficiency 750 square feet
1 Bedroom 1,000 square feet
2 Bedrooms 1,500 square feet
3 Bedrooms 2,250 square feet
4 Bedrooms 2,500 square feet
provided that the overall density shall not
exceed one dwelling unit per 2,000 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
Ordinancemay be occupiedby one single-family
dwelling provided that all the yard requirements
of this section are observed.
B. Lot Width. Every lot shall have a
minimum average width of 50 feet.
C. Frontage. Every lot shall have a mini-
mum width at the street of 50 feet, except that
on an approved cul-de-sac this may be reduced
to 30 feet.
D. Front Yard. The front yard shall be a
minimum of 20 feet, except that on comer lots,
one front yard need not exceed 10 feet.
E. Side Yard. A side yard shall be a
minimum of 5 feet and the sum of the two side
yards shall be a minimum of 15 feet. The side
yards shall be increased by 1/2 foot for each
foot by which the building height exceeds 15
feet.
32
105 - 0178
F. Rear Yard. There shall be a rear yard
having a depth of not less than 5 feet. The
rear yard shall be increased by 1/2 foot for each
foot by which the building height exceeds
fifteen feet.
G. Lot Coverage. Maximum lot coverage
by buildings and structures shall be 40 percent
of the lot area.
H. Solar Setback. The solar setback shall
be as prescribed in Section 19.88.210. (Ord.
83-041 § 10, 1983)
I. Zero Lot Line Subdivisionor Partition.
Regulations for a side yard setback may be
waived for an approved zero lot line subdivision
or partition.
1932.060 Off -Street Parldng.
Off-street parking shall be provided as
required in Chapter 19.80.
1932.070 Special Yards and Distances
Between Buildings.
The following special yards and distances
between buildings shall be observed:
A. An inner court providing access to
double -row dwelling groups shall be a mini-
mum of 20 feet.
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 requirementshall also apply to portions of
the same building separated from each other by
a court or other open space.
1932.080 Other Required Conditions.
See Chapter 19.88 applying to Special Uses,
and Chapter 19.80.
Chapter 1936
URBAN HIGH DENSITY
RESIDENTIAL ZONE - RH
Sections:
1936.010
Purpose
1936.020
Permitted Uses
1936.030
Conditional Uses
1936.040
Height Regulations
1936.050
Lot Requirements
1936.060
Off -Street Parking
1936.070
Special Yards and Distances
Between Buildings
1936.080
Other Required Conditions
1936.010 Purpose.
This zone is intended to provide for high
density multiple -family developments in loca-
tions close to shopping and services, transpor-
tation or public open space, and in appropriate
locations, to provide a transitional use area
between residential areas and other less restric-
tive districts. The professional and office uses
included in this district are intended to enhance
the functions of this district in transitional areas
and to encourage this transition in a more
residential character.
1936.020 Permitted Uses.
The following uses are permitted. All except
duplexes are subject to the provisions of Chap-
ter 19.76.
A. Duplexes.
B. Two single-familydwellings on one lot,
provided that no dwelling is located within 10
feet of any other dwelling on the same lot, and
also provided that all lot area, yard and
coverage requirements set forth in Section
19.36.050 are observed. There shall be pro-
vided for the rear dwelling unoccupied and un-
obstructed access not less than 15 feet wide to
the street fronting the lot.
C. Multiple -family dwellings, apartment
houses and dwelling groups.
33
109 - 0179
D. Rooming and boarding houses.
E. Medical and dental clinics, laboratories
and pharmacy located within a clinic.
F. Nursing and convalescent homes.
G. Nurseryschools, kindergartens and day
care facilities, subject to Section 19.88.160.
H. Manufactured home park subject to
Section 19.88.280.
I. Off-street parking lots when appurte-
nant to a permitted use.
J. Necessary and incidental services, such
as a dining room, barbershop, beauty shop,
hobby shop, etc., included within apartment
buildings, provided that the facilities are used
by and services rendered to only tenants of the
building and their guests.
1936.030 Conditional Uses.
The following conditional uses may be per-
mitted subject to a conditional use permit and
the provisions of Chapters 19.76, 19.100 and
19.104:
A. Public, parochial and private schools,
including day care facilities, but not including
business, technical or similar schools.
B. Dancing or music schools.
C. Parks, recreationfacilities, fire stations,
libraries, museums; but not including storage or
repair yards, warehouses or similar uses.
D. Utility substations or pumping stations
with no equipment storage and sewage treat-
ment facilities.
E. Hospital, laboratory,orthopedic supply
house, sanitarium (except animal hospital and
clinic, hospital or sanitarium for contagious,
mental, drug or liquor addict cases) and subject
to Section 19.88.040.
F. Planned unit development subject to
Chapter 19.104.
G. Community building, lodge and frater-
nal organization, except those carried on as a
business for profit and subject to Section
19.88.050.
H. Off-street parking lots when contig-
uous to a less restrictive zoning district. For
required development standards, see Chapter
19.80.
I. Motel, apartment hotel when located
near hospitals or similar facilities, restaurants
and bars within a hotel provided there is no
external advertising.
I Mortuaries.
K. Housing for the elderly. See Section
19.88.170.
L. Buildings in excess of 45 feet.
M. Single-family dwelling.
N. Churches subject to Section 19.88.040.
O. Medical and dental clinics, laboratories
and a pharmacy located within a clinic.
P. Time share unit or the creation there-
of, subject to Section 19.88.230. (Ord. 83-045
§ 7, 1983)
Q. Hydroelectric facility in accordance
with Chapter 19.100 and Section 19.88.190.
(Ord. 86-017 § 9, 1986)
1936.040 Height Regulations.
No building or structure shall hereafter be
erected, enlarged or structurally altered to
exceed a height of 45 feet without approval of
a conditional use permit.
1936.050 Lot Requirements.
The following lot requirements shall be
observed:
A. Lot Area. Every lot shall have a mini-
mum area of 5,000 square feet for the first
unit, plus the following minimum square
footages based upon the number of bedrooms
per additional dwelling unit in the following
table:
Land Area 1st & 2nd Floor
Studio or Efficiency 650 sq. ft.
1 Bedroom 900 sq. ft.
2 Bedrooms 1,250 sq. ft.
3 Bedrooms 1,850 sq. ft.
4 Bedrooms 2,100 sq. ft.
Land Area 3rd Floor & Above
Studio or Efficiency 250 sq. ft.
1 Bedroom 500 sq. ft.
2 Bedrooms 1,000 sq. ft.
3 Bedrooms 1,550 sq. ft.
4 Bedrooms 1,850 sq. ft.
34
105 . 0180
The overall density shall not exceed one dwell-
ing 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
provided that all the yard requirements of this
section are observed.
B. Lot Width. Every lot shall have a
minimum average width of 50 feet.
C. Front Yard. The front yard shall be a
minimum of 10 feet, except on comer lots
where vision clearance requirements shall
apply.
D. Side Yard. A side yard shall be a
minimum of 5 feet. The side yards shall be
increased by 1/2 foot for each foot by which
the building height exceeds 15 feet.
E. Rear Yard. The rear yard shall be a
minimum of 5 feet. The rear yard shall be
increased by 1/2 foot for each foot by which
the building height exceeds 15 feet.
F. Lot Coverage. Maximum lot coverage
by buildings and structures shall be 50 percent
of the lot area.
H. Solar Setback. Solar setback shall be
as prescribed in Section 19.88.210. (Ord. 83-
041 § 11, 1983)
1936.060 Off -Street Parking.
Off-street parking shall be provided as
required in Chapter 19.80.
1936.070 Special Yards and Distances
Between Buildings.
The following special yards and distances
between buildings shall be provided:
A. An inner court providing access to
double -row dwelling groups shall be a mini-
mum of 20 feet.
B. The distance between principal build-
ings shall be at least 10 feet. This requirement
shall also apply to portions of the same build-
ings separated from each other by a court or
other open space. (Ord. 88-042 § 12, 1988)
1935.080 Other Required Conditions.
See Chapter 19.88 applying to Special Uses.
35
1019 - 0181
Chapter 19.40
NEIGHBORHOOD COMMERCIAL
ZONE - CN
Sections:
19.40.010
Purpose
19.40.020
Permitted Uses
19.40.030
Conditional Uses
19.40.040
Height Regulations
19.40.050
Lot Requirements
19.40.060
Off -Street Parking and
Loading
19.40.070
Other Required Conditions
19.40.010 Purpose.
This zone is intended to provide for the loca-
tion of small businesses and services in residen-
tial sections of the County for the convenience
of nearby residents; also to recognize existing
uses of this type within the County. New CN
zones shall have a maximum area of 20,000
square feet of contiguous land. The businesses
are intended to fit into the residential pattern
of development and not create either land use,
architectural or traffic conflicts. The above
site sizes for new CN zones and the following
regulations are intended to protect the residen-
tial environment and to be consistent with the
General Plan. These zones shall generally be
no closer than 3/4 of a mile apart.
19.40.020 Permitted Uses.
The following uses are permitted in a CN
Neighborhood Commercial Zone, subject to
the provisions of Chapter 19.76:
A. Existing residential uses, without any
increase in density.
B. Grocery stores.
C. Barber and/or beauty shop.
D. Clothes cleaning pick-up agency.
E. Laundromat.
F. Accessory buildings customarily appur-
tenant to a permitted use.
36
105 - 0182
19.40.030 Conditional Uses.
The following conditional uses may be per-
mitted subject to a conditional use permit and
the provisions of Chapters 19.76 and 19.100.
A. Residential dwelling units not on the
ground floor of a building.
B. Conversion of an existing dwelling to
a permitted use.
19.40.040 Height Regulations.
No building or structure shall be hereafter
erected, enlarged or structurally altered to
exceed 30 feet in height.
19.40.050 Lot Requirements.
The following lot requirements shall be
observed:
A. Lot Area. Not to exceed 1/2 acre in
size.
B. Lot Width. No requirements.
C. Lot Depth. Each lot shall have a
minimum depth of 100 feet.
D. Front Yard. The front yard shall have
a minimum of 20 feet.
E. Side Yard. None, except when a side
lot line is abutting a lot in an RS, RM or RH
zone and then the side yards shall be a mini-
mum 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 RS zone and
then the rear yard shall be a minimum of 10
feet. The required yard 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.
H. Solar Setback. The solar setback shall
be as prescribed in Section 19.88.210. (Ord.
83-041 § 12, 1983)
19.40.060 Off -Street Parking and
Loading.
Off-street parking and loading shall be
provided as required in Chapter 19.80.
19.40.070 Other Required Conditions.
A. All uses shall be conducted wholly
within an enclosed building, except for off-
street parking and loading facilities.
B. Items produced or wares and merchan-
dise handled shall be limited to those sold at
retail on the premises.
C. In a CN zone, directly across the street
from any RS, RM or RH zone, the parking and
loading area shall be set back at least 10 feet
from the street right-of-way and said area shall
be appropriately landscaped along the residen-
tial street frontage to protect the character of
adjoining and adjacent residential property.
Such landscaping shall be maintained.
D. See Chapter 19.88 applying to Special
Uses where applicable.
E. Solar setbacks shall be as prescribed in
Section 19.88.210.
37
10� � 0133
Chapter 19.44
LIMITED COMMERCIAL
ZONE - CL
Sections:
19.44.010
Purpose
19.44.020
Permitted Uses
19.44.030
Conditional Uses
19.44.040
Height Regulations
19.44.050
Lot Requirements
19.44.060
Off -Street Parldng and
K
Loading
19.44.070
Other Required Conditions
19.44.010 Purpose.
This zone is intended to establish locations
for the development of commercial centers to
provide for the shipping and service require-
ments for large sections of the community and
to recognize existing uses both in centers and
as parts of commercial strips.
19.44.020 Permitted Uses.
The following uses are permitted in the CL
Zone, subject to the provisions of Chapter
19.76:
A. Existing residential uses without any
increase in density.
B. Ambulance service.
C. Antique shop.
D. Appliance sales (household) including
minor repairs.
E. Art galleries, libraries and reading
rooms.
Frozen food locker, excluding
F.
Artist supplies and picture framing.
G.
Auto parts sales (new).
H.
Automobile sales (new).
I.
Bakery, retail.
J.
Beauty shop.
K
Bank or other financial institution.
L.
Barber shop.
M.
Book or stationery store.
N.
Clothing store or tailor shop.
cm
105 - 0184
O. Clothes cleaning pick-up agency,
laundry or dry cleaning or self-service laundry.
P. Confectionery or delicatessen.
Q. Dairy products, sales only.
R. Drug store, including soda fountain.
S. Dry goods store, millinery ship or dress
shop.
T. Florist shop.
U. Food store, health food store.
V.
Frozen food locker, excluding
wholesale storage.
W.
Furniture store, home furnishings
store.
X.
Garden supply store.
Y.
Gift shop, notion or variety store.
Z.
Hardware store or paint store. (Ord.
88-042
§ 13, 1988)
aa.
Hobby shop, toy store.
bb.
Jewelry store.
CC.
Leather goods and luggage.
dd.
Musical instruments.
ee.
Medical and dental clinic and office.
ff.
Motel or hotel.
gg.
Office, business or professional.
hh.
Pet shop.
ii.
Photographic supplies and studio.
JJ.
Printer.
kk.
Radio and television sales and service.
I
Radio and television broadcasting
studios
and facilities.
mm.
Restaurant, bar and cocktail lounge,
including entertainment.
nn.
Shoe store, shoe repair shop.
oo.
Service station.
pp.
Upholstery shop.
qq.
Planned unit development subject to
the provisions of Chapter 19.104.
rr.
Technical and business schools.
ss.
Accessory buildings customarily appur-
tenant
to a permitted use.
tt.
Day care center facilities.
uu.
Bus terminal. (Ord. 88-042 § 14, 1988)
19.33.030 Conditional Uses.
The following conditional uses may be per-
mitted subject to a conditional use permit and
the provisions of Chapters 19.76 and 19.100:
A. New residential dwelling units, exclud-
ing manufactured home parks. (Ord. 88-042 §
15, 1988)
B. Auto sales lot (used).
C. Bowling alley.
D. Car wash.
E. Conversion of an existing dwelling unit
to a permitted use.
F. Dancing or music school, nursery
school, kindergarten and day care facility.
G. Department store.
H. Drive-in restaurant.
I. Public buildings and public utility build-
ings and structures as may be appropriate to
the CL Zone.
J. Church, club, lodge or fraternal organ-
ization.
K. Commercial off-street parking lot.
L. Mortuary.
M. Theater.
N. Veterinary clinic or kennel operated
entirely within an enclosed building.
O. Minor automotive repair, battery and
tire storage provided the business is wholly con-
ducted within an enclosed building and all
waste or used parts are removed from the
premises each day.
P. Time share or the creation thereof,
subject to Section 19.88.230. (Ord. 83-045 § 8,
1983)
19.44.040 Height Regulations.
No building or structure shall be hereafter
erected, enlarged or structurally altered to
exceed a height of 30 feet, without a condi-
tional use permit.
19.44.050 Lot Requirements.
The following lot requirements shall be
observed:
A. Lot Area. No requirements.
B. Lot Width. No requirements.
C. Lot Depth. One hundred feet.
D. Front Yard. The front yard shall be a
minimum of 10 feet.
E. Side Yard. None, except when a lot
line is abutting a lot in an R zone, and then
39
105__ - 0185
the side yard shall be a minimum of 10 feet.
The required side yard shall be increased by 1/2
foot for each foot the building height exceeds
20 feet.
F. Rear Yard. None, except when rear
lot line is abutting a lot in an R zone, and then
the rear yard shall be a minimum of 10 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. Maximum lot coverage
by buildings and structures shall be 35 percent
of the total lot area.
H. Solar Setback. The solar setback shall
be as prescribed in Section 19.88.210. (Ord.
83-041 § 13, 1983)
19.44.060 Off -Street Parldng and
Loading.
Off-street parking and loading space shall be
provided as required in Chapter 19.80.
19.44.070 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, automobile sales and drive -up
windows.
B. Items produced or wares and merchan-
dise handled shall be limited to those sold at
retail on the premises.
C. In any CL Zone directly across the
street from an R zone, the parking and loading
shall be set back at least 10 feet from the
street right-of-way and said area shall be
appropriately landscaped along the residential
street frontage to protect the character of the
adjoiningresidentialproperty. Such landscaping
shall be maintained.
Chapter 19.48
CONVENIENCE COMMERCIAL
ZONE - CC
Sections:
19.48.010
Purpose
19.48.020
Permitted Uses
19.48.030
Conditional Uses
19.48.040
Height Regulations
19.48.050
Lot Requirements
19.48.060
Off -Street Parking and
J.
Loading
19.48.070
Other Required Conditions
19.48.010 Purpose.
This zone is intended to provide locations for
a relatively wide range of small businesses and
services which fit into the residential
development pattern as a convenience to resi-
dents in that part of the County, and to recog-
nize existing uses of this type within the
County. New centers of this type are intended
to be limited in size to not more than four
acres of contiguous land and to be located and
developed in a manner consistent with the
General Plan.
19.48.020 Permitted Uses.
The following uses are permitted in a CC
Zone and subject to provisions of Chapter
19.76:
A. Any use permitted in the CN Zone.
B. Antique shop.
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 financial institution.
I.
Barber shop.
J.
Beauty shop.
K
Bicycle shop.
ELI
105 - 0186
L. 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. Confectionery or delicatessen.
P. Dairy products, sales only.
Q. Drug store, including soda fountain.
R. Dry goods store, millinery shop or
dress shop.
S. Florist shop.
T. Food and health food store. (Ord. 88-
042 § 16, 1988)
U. Gift shop, notion or variety store.
V. Hardware store.
W. Hobby shop.
X. Jewelry store.
Y. Leather goods and luggage.
Z. Musical instruments.
aa. Laundry pick-up agency, self-service
laundry.
bb. Medical and dental clinic and office.
CC. Office, business or professional.
dd. Photographic supplies and studio.
ee. Radio and television sales and service.
ff. Restaurant.
gg. Shoe store, shoe repair shop.
hh. Toy store.
ii. Planned unit development subject to
the provisions of Chapter 19.104.
jj. Accessory buildings customarily appur-
tenant to a permitted use.
kk. Technical and business schools.
19.48.030 Conditional Uses.
The following conditional uses may be per-
mitted subject to a conditional use permit and
the provisions of Chapters 19.76 and 19.100.
A. New residential dwelling units,
excluding manufacturedhome parks. (Ord. 88-
042 § 18, 1988)
B. Dancing or music school, nursery
school, kindergarten and day care facility.
C. Public buildings and public utility build-
ings and structures as may be appropriate to
the CC Zone.
D. Church, club, lodge or fraternal organ-
ization.
E. Automobile service station and minor
auto repair.
F. Mortuary.
G. Motel and hotel.
H. Bar, cocktail lounge and tavern.
I. Time share unit or the creation
thereof, subject to the provisions of Section
19.88.230. (Ord. 83-045 § 9, 1983)
J. A building over 30 feet in height.
(Ord. 88-042 § 17, 1988)
19.48.040 Height Regulations.
No building or structure shall be hereafter
erected, enlarged or structurally altered to
exceed a height of 30 feet without a conditional
use permit. (Ord. 88-042 § 19, 1988)
19.48.050 Lot Requirements.
The following minimum lot requirements
shall be observed:
A. Lot Area. No requirements.
B. Lot Width. No requirements.
C. Lot Depth. One hundred feet.
D. Front Yard. The front yard shall be a
minimum of 10 feet.
E. Side Yard. None, except when a side
lot line is abutting a lot in an R zone, 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 zone, and then
the rear yard shall be a minimum of 10 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. Maximum lot coverage
by buildings and structures shall be 35 percent
of the total lot area.
H. Solar Setback. The solar setback shall
be as prescribed in Section 19.88.210. (Ord.
83-041 § 14, 1983)
41
105 -(1181
19.48.060 Off -Street Parking and
Loading.
Off-street parking and loading space shall be
provided as required in Chapter 19.80.
19.48.070 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 merchan-
dise handled shall be limited to those sold at
retail on the premises.
C. In any CC zone directly across the
street from any R zone, the parking and load-
ing shall be set back at least 10 feet from the
street right-of-wayand said area shall be appro-
priately landscaped along the residential street
frontage to protect the character of the
adjoiningresidentialproperty. Suchlandscaping
shall be maintained.
D. See Chapter 19.88, ProvisionsApplying
to Special Uses, where applicable. (Ord. 88-
042 § 20, 1988)
Chapter 19.52
HIGHWAY CONIM ERCIAL
ZONE - CH
Sections:
19.52.010
Purpose
19.52.020
Permitted Uses
19.52.030
Conditional Uses
19.52.040
Height Regulations
19.52.050
Lot Requirements
19.52.060
Off -Street Parldng and
Loading
19.52.060
Other Required Conditions
19.52.010 Purpose.
This zone is intended to provide for those
uses which have large site requirements, or are
oriented to highway access, or provide service
to the traveling public or are dependent on
thoroughfaretravel. In addition, highway com-
mercial zones can include limited commercial
uses and commercial recreation facilities.
19.52.020 Permitted Uses.
The following uses are permitted subject to
the provisions of Chapter 19.76:
A. Eidsting residential uses, without any
increase in density.
B. Ambulance service.
C. Any permitted use in the CL Zone.
D. Bank, office and financial institution.
E. Auto sale lot (including truck sales as
part of a car agency), provided all repair work
is within an enclosed building.
F. Automobile parts sales, automobile
repair (major), tire sales (including recapping),
battery sale and repair, all to be conducted
within an enclosed building.
G. Automobile service station subject to
standards of Chapter 19.88.
H. Carwash facilities.
I. Carpenter, electrical, plumbing, sheet
metal, welding, electroplating, heating and sign
shops, auto and furniture upholstery shops,
42
1®5 - 0188
printing, publishing and lithography shops and
paint shops operated entirely within an
enclosed building.
J. Commercial recreation facilities such
as bowling alley, skating rink, dance hall, but
not including golf driving range or drive-in
theater.
K Equipment sales, service, rental and
repair.
L. Grocery store, gift store or souvenir
shop.
M. Hotel and motel.
N. Manufacturedhome, trailer and recrea-
tional vehicle sales and service.
O. Motorcycle sales, service and repair.
P. Restaurant, cafe, refreshment stand,
drive-in restaurant, bar, tavern, club and lodge.
Q. Retail business and service establish-
ment providing home furnishing, supplies and
service for home improvements, including
garden supplies, nurseries, greenhouses, retail
lumber yards, paint and wallpaper, plumbing,
heating and electrical sales and service, drapery,
floor covering and tile.
R. Veterinary clinic operated entirely
within an enclosed Building.
S. Second-hand store operated within an
enclosed building.
T. Places for public assembly, such as
churches, meeting halls, auditoriums, lodges,
clubs, fraternal organizations and mortuaries.
U. Public buildings and public utility struc-
tures as may be appropriate to the CH Zone.
V. Commercial off-street parking lot.
W. Planned unit development subject to
Chapter 19.104.
X. Radio and television broadcasting
studios and facilities.
Y. Laundry and dry cleaning establish-
ment.
Z. Monument sales, retail.
aa. Accessory uses and buildings custom-
arily appurtenant to a permitted use.
bb. Technical and business schools.
CC. Day care center facilities.
dd. Bus terminal. (Ord. 88-042 § 21, 1988)
19.52.030 Conditional Uses.
The following conditional uses may be per-
mitted subject to a conditional use permit and
the provisions of Chapters 19.76 and 19.100.
A. Auto sales lot (used).
B. Drive-in theater, golf driving range and
miniature golf course.
C. Existing industrial uses.
D. Trailer park and campground.
E. Building over 30 feet in height. (Ord.
88-042 § 22, 1988)
F. Auction house or yard.
G. Contractor's office and equipment
storage yard or storage and rental of equipment
commonly used by contractors.
H. Wholesale business, storage, ware-
housing, transfer company and trucking com-
pany.
I. Department store.
I Towing service where no wrecked or
impounded vehicles are kept on the site.
K. Residential use, excluding
manufactured home parks. (Ord. 88-042 § 23,
1988)
L. Time share unit or the creation
thereof, subject to Section 19.88.230. (Ord. 83-
045 § 10, 1983)
M. Hydroelectric facility in accordance
with Chapter 19.100 and Section 19.88.190.
(Ord. 86-017 § 10, 1986)
19.52.040 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.
19.52.050 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. The front yard shall be a
minimum of 10 feet, except when a side lot line
is abutting a lot in an R zone, and then the
43
front yard shall be the front yard required in
the abutting R zone.
E. Side Yard. None, except when a side
lot line is abutting an R zone 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 zone and then
the rear yard shall be a minimum of 10 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.
H. Solar Setback. Solar setback shall be
as prescribed in Section 19.88.210. (Ord. 83-
041 § 15, 1983)
19.52.060 Off -Street Parldng and
Loading.
Off-street parking and loading space shall be
provided as required in Chapter 19.80.
19.52.070 Other Required Conditions.
A. All business, service, repair, processing,
storage or merchandise display on property
abutting or across the street from a lot in an R
zone, shall be conducted wholly within an
enclosed building unless screened from the R
zone by a site -obscuring fence or wall not less
than 6 feet, nor 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 sur-
faced with pavement, except in those portions
of the lot maintained as landscaped areas.
Chapter 19.56
GENERAL COMMERCIAL
ZONE -CG
Sections:
19.56.010
Purpose
19.56.020
Permitted Uses
19.56.030
Conditional Uses
19.56.040
Height Regulations
19.56.050
Lot Requirements
19.56.060
Off -Street Parking and
Loading
19.56.070 Other Required Conditions
19.56.010 Purpose.
This zone is intended to provide for a broad
mixing of commercial uses and for wholesale
and heavier commercial uses.
19.56.020 Permitted Uses.
The following uses are permitted in the CG
Zone subject to the provisions of Chapter
19.76:
A. Any use permitted in the CL Zone.
B. Wholesale business, storage, ware-
housing, transfer company and trucking com-
pany.
C. Truck sales, service and repair.
D. Public buildings and public utility struc-
tures and service yards.
E. Contractor's office and equipment
storage yard and rental of equipment commonly
used by contractors.
F. Major automotive repair and towing
services, provided all storage is conducted
within a building or within a sight -obscuring
fence.
G. Carpenter, electrical, plumbing, sheet
metal, welding, electroplating, heating and sign
shops, auto and furniture upholstery shops,
printing, publishing and lithographing shops
and paint shops operated entirely within an
enclosed building.
►,K
H. Cold storage plant, including storage
and offices.
I. Bakery, creamery, soft drink bottling
plant, laundry, dry cleaning, dying or rug clean-
ing.
I Feed, seed and fuel stores conducted
wholly within a completely enclosed building.
IC Secondhand store.
L. Planned unit development subject to
the provisions of Chapter 19.104.
M. Accessory uses and buildings custom-
arily appurtenant to a permitted use, such as
incidental storage, are permitted.
N. Bus terminal. (Ord. 88-042 § 24, 1988)
19.56.030 Conditional Uses.
The following conditional uses may be per-
mitted subject to a conditional use permit and
the provision of Chapters 19.76 and 19.100:
A. Department stores.
B. Buildings in excess of 45 feet.
C. Residential use subject to the standards
of the RH zone, excluding manufactured home
parks. (Ord. 88-042 § 25, 1988)
D. Time share unit or the creation there-
of, subject to Section 19.88.230. (Ord. 83-045
§ 11, 1983)
E. Hydroelectric facility in accordance
with Chapter 19.100 and Section 19.88.190.
(Ord. 86-017 § 11, 1986)
19.56.040 Height Regulations.
No building or structure shall be hereafter
erected, enlarged or structurally altered to
exceed a height of 45 feet without approval of
a conditional use permit.
19.56.050 Lot Requirements.
The following 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. The front yard shall be a
minimum of 10 feet, except when abutting a
yard in an R zone, and then the front yard
shall be the front yard required in the abutting
R zone.
E. Side Yard. None, except when a side
lot line is abutting a yard in an R zone, and
then the side yard shall be a minimum of 10
feet and 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 zone, 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.
H. Solar Setback. Solar setback shall be
as prescribed in Section 19.88.210. (Ord. 83-
041 § 16, 1983)
19.56.060 Off -Street Parking and
Loading.
Off-street parking and loading space shall be
provided as required in Chapter 19.80.
19.56.070 Other Required Conditions.
A. All business, service, repair, processing,
storage or merchandise, display on property
abutting or across the street from a lot in an R
zone shall be conducted wholly within an
enclosed building unless screened from the R
zone by a site -obscuring fence or wall not less
than 6 feet and 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 por-
tions of the lot maintained as landscaped areas.
45
105 - 0191
Chapter 19.60
INDUSTRIAL PARK ZONE - IP
Sections:
19.60.010
Purpose
19.60.020
Permitted Uses
19.60.030
Conditional Uses
19.60.040
Height Regulations
19.60.050
Lot Requirements
19.60.060
Off -Street Parldng and
Loading
19.60.070
Other Required Conditions
19.60.010 Purpose.
This zone is intended to provide for research
or development of materials, methods or pro-
ducts, and compatible light manufacturing, in a
park -like environment.
19.60.020 Permitted Use.
The following uses are permitted in the IT
Zone subject to the provisions of Chapter
19.76:
A. Existing residential uses, without any
increase in density, and a dwelling unit for a
caretaker or watchman working on the prop-
erty.
B. Scientific research or experimental
development of materials, methods or products,
including engineering and laboratory research.
C. Administrative, educational and other
related activities and facilities in conjunction
with a permitted use.
D. Light manufacturing, assembly, fab-
ricating or packaging of products from pre-
viously prepared materials, such as cloth, plastic,
paper, leather, precious or semi-preciousmetals
or stones.
E. Manufacture of electric, electronic or
optical instruments or devices.
F. Manufacture of food products, phar-
maceuticals and the like, but not including the
production of fish or meat products or fer-
mented foods, such as sauerkraut, vinegar or
the like, or the rendering of fats and oils.
.r,
105 - 0192
G. Planned unit development subject to
the requirements of Chapter 19.104.
H. Other similar uses which the Commis-
sion may find to be similar to those listed as
permitted in this zone and which are not
inconsistent with the purpose of this zone.
I. Accessory uses and buildings custom-
arily appurtenant to a permitted use, such as
incidental storage, are permitted.
19.60.030 Conditional Uses.
The following conditional uses may be per-
mitted subject to a conditional use permit and
the provisions of Chapters 19.76 and 19.100:
A. Public buildings and public utility struc-
tures and yards, including railroad yards.
B. Bank, restaurant, automobile service
station or the like, to serve developed
permitted uses.
C. Warehouseand distribution uses which
the Commission finds not to be inconsistent
with the purpose of this zone and which will
not impair present or potential use of adjacent
properties.
D. Buildings over 45 feet in height.
E. Hydroelectric facility in accordance
with Chapter 19.100 and Section 19.88.190.
(Ord. 86-017 § 12, 1986)
19.60.040 Height Regulations.
No building or structure shall be hereafter
erected, enlarged or structurally altered to ex-
ceed a height of 45 feet without a conditional
use permit.
19.60.050 Lot Requirements.
The following lot requirements shall be ob-
served:
A. Lot Area. Each lot shall have a mini-
mum of one acre.
B. Lot Width. No 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 35 feet.
E. Side Yard. A side yard shall be a
minimum of 25 feet, except when abutting a lot
in an R zone and then the required side yard
shall be 50 feet. No side yards are required on
the side of a building abutting a railroad right-
of-way.
F. Rear Yard. A rear yard shall be a
minimum of 25 feet, except when abutting a lot
in an R zone, and then the rear yard shall be
50 feet. No rear yard is required on the side
of a building abutting a railroad right-of-way.
G. Lot Coverage. The maximum lot
coverage by buildings and structures shall be 50
percent of the total lot area.
H. Solar Setback. The solar setback shall
be as prescribed in Section 19.88.210. (Ord.
83-041 § 17, 1983)
19.60.060 Off -Street Parking and
Loading.
Off-street parking and loading space shall be
provided as required in Chapter 19.80.
19.60.070 Other Required Conditions.
A. All uses in this zone shall be carried
on entirely within a completely enclosed build-
ing, except for parking and loading, and auto-
mobile service stations.
B. In an IP Zone directly across the
street from an R zone, an off-street parking
and loading area shall be set back at least 20
feet from the right-of-way, and said area shall
be appropriately landscaped along the residen-
tial street frontage to protect the character of
the adjoining residential property. Such land-
scaping shall be maintained.
C. Other yards and unused property on a
developed site shall be landscaped and main-
tained
D. Any use or portion thereof causing
noise shall be performed in such a manner as
not to create a nuisance or hazard on any
adjacent property.
E. Any use or portion thereof causing
vibration shall be performed in such a manner
as not to create a nuisance or hazard on any
adjacent property.
F. Any operation producing intense heat
or glare shall be performed in such a manner
47
105 - 0193
as not to create a nuisance or hazard on adja-
cent property.
G. There shall be no emission of odorous,
toxic or noxious matter or dust in such
quantities as to be readily detectible at any
point along or outside property lines so as to
produce a public nuisance or hazard.
H. All off-street parking or loading areas
and access drives shall be surfaced with dust -
free surface and shall be maintained.
I. Fences, walls or hedges may be
required by the Site Plan Committee if, in the
opinion of the Committee, such screening is
necessary to protect the residential quality of
adjacent property in an R zone.
Chapter 19.64
LIGHT INDUSTRIAL ZONE - IL
Sections:
19.64.010
Purpose
19.64.020
Permitted Uses
19.64.030
Conditional Uses
19.64.040
Height Regulations
19.64.050
Lot Requirements
19.64.060
Off -Street Parking and
Loading
19.64.070
Other Required Conditions
19.64.010 Purpose.
This zone is intended to provide for those
heavier commercial and light industrial uses
located in existing built-up areas of the City.
19.64.020 Permitted Uses.
The following uses are permitted in the EL
Zone subject to the provisions of Chapter
19.76.
A. Any permitted use in the IP Zone.
B. Cold storage plants, including storage
and office.
C. Fuel oil distributors.
D. Printing, publishing and book binding.
E. Public utility buildings and yards.
F. Veterinary clinic and hospitals oper-
ated entirely within an enclosed building.
G. Light fabrication and repair shops,
such as blacksmith, cabinet, electric motor,
heating, machine, sheet metal, sign, stone
monuments, upholstery and welding.
H. Assembly, manufacture or preparation
of articles and merchandise from the following
previously prepared types of materials: bone,
canvas, cellophane, cloth, cork, feathers, felt,
leather, precious or semi-precious metal or
stones, shell, textiles, tobacco, wax, wire, wood
(excluding sawmills, lumbermills, planing mills,
molding plants, particle board, wafer board,
plywood and pulp process) yarns and paint not
employing a boiling process. (Ord. 88-042 § 29,
1988)
!r'3
105 m! 0194
I. Manufacture, compounding, process-
ing, 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 slaugh-
tering and fermented foods, such as sauerkraut,
vinegar and yeast.
J. Processing uses such as bottling plants,
creameries, laboratories, blueprinting and
photocopying, laundries, carpet and rug clean-
ing plants, cleaning and dyeing plants, tire
retreading, recapping and rebuilding.
K. Contractor's equipment, storage or
sale yard, house mover, delivery vehicles, transit
storage, trucking terminal and used equipment
in operable condition.
L. Manufacture of concrete products and
ceramic products using only previously pul-
verized clay.
M. Manufacture of musical instruments,
novelties, rubber or metal stamps, toys, optical
goods or precision instruments or equipment.
N. Manufacture of artificial limbs, den-
tures, hearing aids, surgical instruments and
dressings and other devices employed by the
medical and dental professions.
O. Mini storage units.
P. Planned unit developments subject to
the provisions of Chapter 19.104.
Q. (Deleted by Ord. 88-042 § 27, 1988)
R. Accessory uses and buildings custom-
arily appurtenant to a permitted use, such as
incidental storage, are permitted.
S. Wholesale distribution of all standard
types of prepared or packaged merchandise
such as automobile supplies, drug and electrical
supplies, furniture, food products, hardware,
leather goods, plumbing supplies, textiles and
fabrics and general merchandise. (Ord. 88-042
§ 28, 1988)
19.64.030 Conditional Uses.
The following conditional uses may be per-
mitted subject to a conditional use permit and
the provisions of Chapters 19.76 and 19.100:
A. Building over 35 feet in height.
B. Livestock feed and sales yard.
C. Ambulance service.
D. Service commercial uses such as banks,
offices, restaurants, cafes, refreshment stands,
bars and taverns.
E. All types of automobile, motorcycle
and truck sales, service, repair and rental.
Automobile and truck service stations subject to
Chapter 19.88.
F. Boat building and repair.
G. Retail or combination retail/wholesale
lumber and building materials yard, not includ-
ing concrete mixing.
H. Trailer sales, storage and rental.
I. Repealed by Ordinance No. 88-042.
I Commercial parking lot.
K. Nursery school, kindergarten and day
care facility.
L. Hydroelectric facility in accordance
with Chapter 19.100 and Section 19.88.190.
(Ord. 86-017 § 13, 1986)
19.64.040 Height Regulations.
No building or structure shall hereafter be
erected, enlarged or structurally altered to
exceed a height of 35 feet without a conditional
use permit.
19.64.050 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. Ten feet, except when
abutting a lot in an R zone, and then the front
yard shall be the front yard required in the
abutting R zone.
E. Side Yard. None, except when
abutting a lot in an R zone, and then the side
yard shall be a minimum of 20 feet. The
required side yard shall be increased by 1/2 foot
for each foot the building height exceeds 20
feet.
49
10: - 0105
F. 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 1/2 foot
for each foot by which the building height
exceeds 20 feet.
G. Lot Coverage. No requirements.
H. Solar Setback. The solar setback shall
be as prescribed in Section 19.88.210. (Ord.
83-041 § 18, 1983)
19.60.060 Off -Street Parldng and
Loading.
Off-street parking and loading space shall be
provided as required in Chapter 19.80.
19.64.070 Other Required Conditions.
A. All business, service, repair, processing,
storage or merchandise display on property
abutting or across the street from a lot in an R
zone shall be conducted wholly within an
enclosed building unless screened from the R
Zone by a sight-obscuringfence or wall. (Ord.
88-042 § 30, 1988)
B. Openings to structures on sides abut-
ting to or across the street from an R zone
shall be prohibited if such access or openings
will cause glare, excessive noise or similar
conditions that would have an adverse effect on
property in the R zone.
C. Motor vehicle, boat or trailer rental,
sales or storage lots shall be drained and sur-
faced with pavement, except in those portions
of the lot maintained as landscaped areas.
D. In any IL zone directly across the
street from an R zone, the parking and loading
area and outdoor display or storage areas shall
be set back at least 10 feet from the right-of-
way, and said areas shall be appropriately
landscaped along the residential street frontage
to protect the character of the adjoining
residential property. Such landscaping shall be
maintained.
E. Access points from a public road to
properties in an II. zone shall be so located as
to minimize traffic congestion and to avoid
directing traffic onto access streets of a primar-
ily residential character.
F. All materials, including wastes, shall be
stored and all grounds shall be maintained in a
manner which will not attract or aid the propa-
gation of insects or rodents or create health or
fire hazards.
G. The emission of disturbing vibrations
or of unpleasant odorous gases or matter in
such quantity or at such amplitude as to be
readily detectable at any point beyond the
property line of the use creating the vibrations
or odors is prohibited.
H. All uses in the TL zone shall be carried
on in such a manner that they do not create
smoke, gas, odor, dust, sound, vibration, soot or
lighting to a degree which might be obnoxious
or offensive to persons residing in or conduct-
ing business in this or any other zone.
50
105 - 0196
Chapter 19.68
GENERAL INDUSTRIAL ZONE - IG
Sections:
19.68.010
Purpose
19.68.020
Permitted Uses
19.68.030
Conditional Uses
19.68.040
Height Regulations
19.68.050
Lot Requirements
19.68.060
Off -Street Parking and
Loading
19.68.070
Other Required Conditions
19.68.010 Purpose.
This zone is intended to provide for the
establishment of light and heavier industrial
uses essential to the developmentof a balanced
economic base in an industrial environment
with a minimum of conflict between industrial
uses and residential and light commercial uses.
19.68.020 Permitted Uses.
The following uses are permitted subject to
the provisions of Chapter 19.76:
A. Any permitted uses in the IL zone.
B. Any manufacturing, processing, repair-
ing, research, assembling, wholesale or storage
uses not specifically mentioned below as a
conditional use, except the manufacturing of
explosives and the slaughtering of animals.
C. Public buildings and public utility
structures and yards, including railroad yards.
(Ord. 88-042 § 31, 1988)
D. Veterinary clinic. (Ord. 88-042 § 31,
1988)
E. Commercial parking lot. (Ord. 88-042
§ 31, 1988)
F. Planned unit development subject to
the provisions of Chapter 19.104. (Ord. 88-042
§ 31, 1988)
G. Accessory uses and buildings cus-
tomarily appurtenant to a permitted use, such
as incidental storage. (Ord. 88-042 § 31, 1988)
51
10:i - 019=1
19.68.030 Conditional Uses.
The following conditional uses may be per-
mitted subject to a conditional use permit and
the provisions of Chapters 19.76 and 19.100:
A. Asphalt plant.
B. Wrecking yard or junk yard.
C. Buildings over 35 feet in height.
D. Livestock feed or sales yard.
E. Any conditionally permitted use in an
IL or IP zone.
19.68.040 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.
19.68.050 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. Ten feet, except when
abutting a lot in an R zone, and then the front
yard shall be the front yard required in the
abutting R zone.
E. Side and Rear Yards. None, except
when abutting a lot in an R zone, and then the
side and rear yards shall be a minimum of 20
feet. The required side and rear yards shall be
increased by 1/2 foot for each foot by which
the building height exceeds 20 feet.
F. Lot Coverage. No requirements.
G. Solar Setback. The solar setback shall
be as prescribed in Section 19.88.210. (Ord.
No. 83-041 § 18, 1983)
19.68.060 Off-StreetParldng and
Loading.
Off-street parking and loading space shall be
provided as required in Chapter 19.80.
19.68.070 Other Required Conditions.
A. All business, service, repair, processing,
storage or merchandise display on property
abutting or across the street from a lot in an R
zone shall be conducted wholly within an
enclosed building unless screened from the R
zone by a site -obscuring fence or wall.
B. Openings to structures on sides adja-
cent to or across the street from an R zone
shall be prohibited if such access or openings
will cause glare, excessive noise or other
conditions that will have adverse effects on
property in the R zone.
C. Motor vehicle, boat or trailer rental,
sales or storage areas shall be drained and
surfaced with pavement, except those portions
of the lot maintained as landscaped areas.
D. In any IG zone directly across the
street from any R zone, the parking and load-
ing area and outdoor display or storage areas
shall be set back at least 10 feet from the right-
of-way, and said areas shall be appropriately
landscaped along the residential street frontage
to protect the character of the adjoining
residential property. Such landscaping shall be
maintained.
E. Access points from a public road to
properties in an IG zone shall be so located as
to minimize traffic congestion and to avoid
directing traffic onto local access streets of a
primarily residential character.
F. All materials, including wastes, shall be
stored and all grounds shall be maintained in a
manner which will not attract or aid the propa-
gation of insects or rodents or create health or
fire hazards.
G. The emission of vibrations or of
odorous gases or matter in such quantities as to
be readily detectable at any point beyond the
property line of the use creating the vibrations
or odors is prohibited.
H. All uses in the IG zone shall be
carried on in such a manner that they do not
create smoke, gas, odor, dust, sound, vibration,
soot or lighting to a degree which might be
obnoxious or offensive to persons residing in
52
105 - 0198
or conducting business in this or any other
zone.
Chapter 19.72
FLOOD PLAIN COMBINING
ZONE - FP
Sections:
19.72.010
Purpose
19.72.020
Application of FP Zone
19.72.030
Warning and Disclaimer
19.72.080
of Liability
19.72.040
Alteration of
Watercourses
19.72.050 Permit for Use or Develop -
went in an FP Zone
19.72.060 Structural Elevation Data
Development Standards
19.72.110 Utilities Standards in a
Flood Hazard Area
19.72.120
Required
19.72.070
Regulation of Structures
19.72.140
in an FP Zone
19.72.080
Construction Materials and
19.72.160
Methods
19.72.090
Land Development Standards
in a Flood Hazard Area
19.72.100
Manufactured Home
Development Standards
19.72.110 Utilities Standards in a
Flood Hazard Area
19.72.120
Floodways
19.72.130
Technical Variances
19.72.140
Historic Variances
19.72.150
Other Variances
19.72.160
Application for Variances
19.72.170
Granting of Variances
19.72.010 Purpose.
It is the purpose of this zone to promote the
public health, safety and general welfare, and
to minimize public and private losses due to
flood conditions in specific areas by provisions
designed:
A. To protect human life and health;
B. To minimize expenditure of public
money and costly flood control projects;
C. To minimize the need for rescue and
relief efforts associated with flooding and
53
los 0199
generally undertaken at the expense of the
general public;
D. To minimize prolonged business inter-
ruptions;
E. To minimize damage to public facilities
and utilities such as water and gas mains,
electric, telephone and sewer lines and streets
and bridges located in areas of special flood
hazard;
F. To help maintain a stable tax base by
providing for the sound use and development
of areas of special flood hazards so as to mini-
mize future flood blight areas;
G. To ensure that potential buyers are
notified that property is in an area of special
flood hazard; and
H. To ensure that those who occupy the
areas of special flood hazard assume responsi-
bility for their actions.
19.72.020 Application of FP Zone.
A. The FP Combining Zone shall apply to
the area identified on the Flood Insurance Rate
Map (FIRM) as special flood hazard areas
inundated by 100 -year flood and floodway
areas. The FIA Flood Insurance Study for
Bend and the FIRM map are hereby adopted
and by this reference included herein. The A
and AE zones shown on the FIRM map are
hereby zoned FP.
B. When base flood elevation data has
not been provided on the FIRM, the Planning
Director shall obtain, review and reasonably
utilize any base flood elevation and floodway
data available from a federal, state or other
source in order to administer this section.
C. Information to be obtained and main-
tained:
a. Where base flood elevation data is
provided through the Flood Insurance Study or
as required in Section 19.72.020(B), record the
actual elevation (in relation to mean sea level)
of the lowest floor (including basement) of all
new or substantially improved structures and
whether or not the structure contains a base-
ment.
b. For all new or substantially improved
floodproofed structures, record the actual
elevation (in relation to mean sea level) of the
structure's lowest floor. Obtain and maintain
the floodproofing certifications required in
Section 19.72.070(B).
19.72.030 Warning and Disclaimer of
Liability.
The degree of flood protection required by
this Section is considered reasonable for regula-
tory purposes and is based on scientific and
engineering considerations. Larger floods can
and will occur on rare occasions. Flood heights
may be increased by man-made or natural
causes. This Ordinance does not imply that
land outside the areas will be free from flood-
ing or flood damages. This Ordinance shall not
create liability on the part of the County, any
officer or employee thereof, or the Federal
Insurance Administration for any flood
damages that result from reliance on this
Ordinance or any administrative decision made
hereunder.
19.72.040 Alteration of Watercourses.
A. Prior to any alteration or relocation of
a watercourse, notice of the proposed altera-
tion shall be given to affected, adjacent com-
munities and the State Department of Water
Resources and evidence of such notification
submitted to the Federal Insurance Administra-
tion.
B. The applicant shall maintain the
altered or relocated portion of said watercourse
so that the flood carrying capacity is not
diminished.
19.72.050 Permit for Use or
Development in an
FP Zone.
No development shall occur in an FP Zone
unless a permit has been received for the work.
Except for improvement of an existing struc-
ture which is less than substantial, as deter-
mined by the County, no permit shall be issued
54
105 - 0200
unless the work will be reasonably safe from
flooding, and otherwisecomplies with this Ordi-
nance. All necessary state, federal and local
permits will be obtained as a condition of
approval on any permit in an FP Zone. The
following information shall be submitted with
the permit application:
A. The location of the property with
reference to channel locations and flood profile
elevations.
B. The existing topography and proposed
grading plan for the property. Contour inter-
vals shall not be more than one -foot for ground
slopes up to five percent and, for areas imme-
diately adjacent to a stream, two -foot for
ground slopes between five and ten percent and
five-foot for greater slopes.
C. The location of existing and proposed
diking or revetments, if any.
D. Review of building permits. Where
elevation data is not available either through
the Flood Insurance Study or from another
authoritative source, applications for building
permits shall be reviewed to assure that pro-
posed construction will be reasonably safe
from flooding.
19.72.060 Structural Elevation Data
Required.
A. A building permit application for sub-
stantial improvement to an existing structure
or for a new structure within an FP Zone shall
contain the following data referenced to mean
sea level.
a. The level of the lowest habitable floor
and of any basement floor whether or not
intended to be habitable.
b. The level to which the structure is to
be floodproofed, if applicable.
B. A statement which notes whether the
structure contains a basement.
C. The information required by this
subsection shall be maintained in the files of
the Building Department with the subject
building permit.
19.72.070 Regulation of Structures in
an FP Zone.
A. Residential Construction.
a. New construction and substantial im-
provement of any residential structure shall
have the lowest floor, including basement, ele-
vated to or above base flood elevation.
b. Fully enclosed areas below the lowest
floor that are subject to flooding are prohibited
unless designed to automatically equalize
hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must
either be certified by a registered professional
engineer or architect or must meet or exceed
the following minimum criteria:
1. A minimum of two openings having a
total net area of not less than one square inch
for every square foot of enclosed area subject
to flooding shall be provided.
2. Openings may be equipped with
screens, louvers or other coverings or devices
provided that they permit the automatic entry
and exit of floodwaters.
3. The bottom of all openings shall be no
higher than one foot above grade.
B. Non-residential Construction. New
construction and substantial improvement of
any commercial, industrial or other non-residen-
tial structure shall either have the lowest floor,
including basement, elevated to the level of the
base flood elevation, or together with attendant
utility and sanitary facilities shall:
a. Be floodproofed so that below the
base flood level the structure is watertight with
walls substantially impermeable to the passage
of water;
b. Have structural components capable
of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
C. Be certified by a registered profes-
sional engineer or architect that the design and
methods of construction are in accordance with
accepted standards of practice for meeting
provisions of this subsection based on their
development and/or review of the structural
design, specifications and plans. Such certifica-
55
105 - 0201
tions shall be provided to the County's Building
Official.
d. Non-residential structures that are
elevated, not floodproofed, must meet the same
standards for space below the lowest floor as
described in Section 19.72.070(A)(a).
e. Applicants floodproofing non-residen-
tial buildings shall be notified that flood insur-
ance premiums will be based on rates for
buildings that are one foot below the flood -
proofed level (e.g., a building constructed to
the base flood level will be rated as one foot
below that level).
C. Manufactured Homes. All manufac-
tured homes to be placed or substantially
improved within the FP zone shall be elevated
on a permanent foundation such that the
lowest floor of the manufactured home is at or
above the base flood elevation and be securely
anchored to an adequately anchored founda-
tion system in accordancewith the provisions of
Section 19.72.070(A)(b).
19.72.080 Construction Materials and
Methods.
A. All new construction and substantial
improvements shall be constructed with mate-
rials and utility equipment resistent to flood
damage.
B. All new construction and substantial
improvements shall be constructed using
methods and practices that minimize flood
damage.
C. Electrical, heating, ventilation, plumb-
ing and air-conditioning equipment and other
service facilities shall be designed and/or other-
wise elevated or located so as to prevent water
from entering or accumulating within the
components during conditions of flooding.
19.72.090 Land Development
Standards in a Flood
Hazard Area.
A. In addition to the terms of Sections
19.72.070 and 19.72.080, a subdivision or other
land development, including all utility facilities,
within an FP zone shall be designed and con-
structed to minimize flood damage, including
special provisions for adequate drainage to
reduce exposure to flood hazards.
B. A land developmentwhich will alter or
relocate a watercourse shall be designed, con-
structed and maintained to retain the flood -
carrying capacity of the watercourse.
C. A proposed land development of
greater than either 50 lots or 5 acres shall
include data showing the base flood elevation.
19.72.100 Manufactured Home
Development Standards.
A. All manufactured homes to be placed
or substantially improved within the FP zone
shall be elevated on a permanent foundation
such that the lowest floor of the manufactured
home is at or one foot above the base flood
elevation and shall be securely anchored to an
adequately anchored foundation system in
accordance with the provisions of Section
19.72.070(A)(b).
B. The placement of a manufactured
home in the floodway is prohibited.
19.72.110 Utilities Standards in a
Flood Hazard Area.
A. A public utility or facility associated
with a land development within an FP zone
shall be designed, located and constructed to
minimise or eliminate flood damage and to
avoid raising the water elevation in a regulatory
floodway.
B. Any new or replacement water supply
system shall be designed, located and con-
structed to minimize or eliminate infiltration of
floodwaters into the system.
C. Any new or replacement sewerage
system shall be designed, located and
constructed to minimize or eliminate infiltra-
tion of floodwaters into the system and dis-
charge from the system into the floodwaters.
56
10E5 - 0202
19.72.120 Floodways.
Located within areas of special flood hazard
established in Section 19.72.020(A) are areas
designated as floodways. Since the floodway is
an extremely hazardous area due to the velocity
of floodwaters which carry debris, potential
projectiles and erosion potential, the following
provisions apply:
A. Encroachments, including fill, new
construction, substantial improvements and
other development are prohibited unless certi-
fication by a registered professional engineer or
architect is provided demonstrating that
encroachments shall not result in any increase
in flood levels during the occurrence of the
base flood discharge.
B. If subsection (A) above is satisfied, all
new construction and substantial improvements
shall comply with all applicable flood hazard
reduction provisions of Section 19.72.070.
19.72.130 Technical Variances.
A technical variance from the requirements
of Chapter 19.72 may be granted by the
Planning Director or Hearings Body for new
construction and for improvements to existing
structures which could not otherwise be autho-
rized, provided the construction or
improvements are to be erected or installed on
a parcel of land one-half acre or less in size,
contiguous to or substantially surrounded by
lots with existing structures constructed below
the minimum floor elevation established for
flood protection purposes. A parcel of land in
excess of the one-half acre in single ownership
on the effective date of this Ordinance is not
excluded from the granting of a technical
variance, but the burden of proof required for
issuing the variance increases as the size of the
property under single ownership increases, and
the variance shall be granted only if required to
equalize circumstances, considering previously
developed land adjacent to the parcel for which
a variance is sought.
19.72.140 Historic Variance.
A variance for historic preservation may be
granted for the reconstruction, rehabilitation
or restoration of a structure listed on the
National Register of Historic Places or the
State Inventory of Historic Places.
19.72.150 Other Variances.
All other variance applications shall be con-
sidered according to the terms of Chapter
19.108 of this Ordinance and the following
factors:
A. The danger that materials may be
swept onto others' property.
B. The danger to life and property due to
flooding or erosion damage.
C. The susceptibility of the proposed
facility to flood damage and the effect of such
damage on the individual owner.
D. The importance of the services
provided to the community by the proposed
facility.
E. The necessity to the use of a water-
front location, where applicable.
F. The availability of alternate locations
not subject to flooding or erosion damage.
G. The relationship of the use to the area
floodplain management program.
H. The safety of access to the property in
times of flood for ordinary and emergency
vehicles.
I. The expected height, velocity, dura-
tion, rate of rise and sediment transport of
floodwaters and the effect of wave action, if
applicable, expected at the site.
J. The cost of providing governmental
and utility services during and after flood condi-
tions including maintenance and repair of
public utilities and facilities such as sewer, gas,
electrical and water systems, streets and bridges.
19.72.160 Application for Variances.
Applicants for a variance shall include with
their application the following information:
A. The location of the property with
reference to channel location and flood profile
elevation.
57
105 - 0203
B. The existing topography and proposed
grading plan for the property. Contour inter-
vals shall not be more than one -foot for ground
slopes up to five percent and for areas
immediately adjacent to a stream, two -foot for
ground slopes between five and ten percent and
five-foot for greater slopes.
C. The location of existing and proposed
dildng or revetments, if any.
19.72.170 Granting of Variances.
The Hearings Body or Planning Director may
grant a variance upon a finding that the
variance will not result in increased flood
heights, additional threats to public safety or
extraordinary public expense. (Ord. 88-042 §
32, 1988)
Chapter 19.76
SITE PLAN REVMVV
Sections:
19.76.010
Purpose
19.76.020
Site Plan Requirements
19.76.030
Non -Compliance
19.76.040
Procedure
19.76.050
Other Conditions
19.76.060
Agreement and Security
19.76.070
Site Plan Criteria
19.76.080
Required Minimum
Standards
19.76.010 Purpose.
The purpose of site plan review is to ensure
compliance with the objectives of this Ordi-
nance and the Comprehensive Plan where
development may cause a conflict between uses
in the same or adjoining zones by creating
unsightly, unhealthful or unsafe conditions and
thereby adversely affecting the public health,
safety and general welfare. The purpose shall
also be to avoid creating undue burdens on
public facilities and services. In considering a
site plan, the Planning Director or Hearings
Body shall take into account the impact of the
proposed development on nearby properties,
on the capacity of the street system, on land
values and development potential of the area
and on the appearance of the street and com-
munity.
19.76.020 Site Plan Requirements.
In all zones, except for a single-family, duplex
or triplex unit on one lot, all new uses, build-
ings, outdoor storage or sales areas and parking
lots or alterations thereof shall be subject to
the provisions of this section. Site plan appro-
val shall not be required where a proposed
alteration of an existing building does not
exceed 25% of the size of the original structure
unless the Planning Director fords the original
structure or proposed alteration does not meet
105 -! 0204
the requirements of this Ordinance or other
ordinances of the County.
19.76.030 Non -Compliance.
A. Non-compliance with a final approved
site plan or development agreement shall be
treated as a zoning ordinance violation.
B. The applicant shall demonstrate con-
tinued compliance with the approved landscape
plan established under this section.
19.76.040 Procedure.
A. Prior to filing a site plan application,
the applicant shall be encouraged to confer
with the Planning Department concerning the
requirements of formal application.
B. The site plan application shall be filed
on a form provided by the Planning
Department and shall be accompaniedby draw-
ings containing information as specified by the
Planning Department. A minimum of eight (8)
copies of the site plan shall be submitted along
with such additional information as is deemed
necessaryfor the Planning Director or Hearings
Body to adequately review the application.
C. The Planning Director or Hearings
Body shall approve, with or without conditions,
or disapprove the site plan. In approving the
plan, the Planning Director or Hearings Body
shall find that all provisions of this Ordinance
are complied with and that all buildings and
facilities, access points, parking and loading
facilities, lighting and walls or fences are so
arranged that traffic congestion is avoided and
pedestrian and vehicular safety and welfare are
protected and there will be minimal adverse
effect on surrounding property. The decision
of the Planning Director or Hearings Body shall
be final unless appealed in accordancewith the
County's land use procedures.
19.76.050 Other Conditions.
The Planning Director or Hearings Body may
require the following in addition to the mini-
mum standards of this Ordinance as a condition
for site plan approval.
A. An increase in the required yards.
B. Additional off-street parking.
C. Screening of the proposed use by a
fence or landscaping or combination thereof.
D. Limitations on the size, location and
number of lights.
E. Limitations on the number and loca-
tion of curb cuts.
F. Dedication of land for the creation or
enlargement of streets where the existing street
system will be impacted by or inadequate to
handle the additional burden caused by the
proposed use.
G. Improvement, including but not
limited to paving, curbing, installation of traffic
signals and constructing sidewalks or the street
system which serves the proposed use where
the existing street system will be burdened by
the proposed use.
H. Improvement or enlargement of utili-
ties serving the proposed use where the existing
utilities system will be burdened by the pro-
posed use. Improvements may include, but
shall not be limited to, extension of utility
facilities to serve the proposed use and instal-
lation of fire hydrants.
I. Landscaping of the site.
J. Any other limitations or conditions
which it considers necessary to achieve the
purposes of this Ordinance.
19.76.060 Agreement and Security.
The developer and owner shall, as a condition
of approval, execute a development agreement
for any improvements required on a form
approved by the County Counsel and may be
required to file with the County a performance
bond or other security as approved by the
County Counsel to assure full performance of
the required improvements. The bond shall be
for the cost of the improvements plus 10%.
19.76.070 Site Plan Criteria.
Approval of a site plan shall be based on the
following criteria:
A. Safety and Privacy. Residential site
plans shall be designed to provide a safe living
59
105 -0205
environment while offering appropriate oppor-
tunities for privacy and transitions from public
to private spaces.
B. Special Needs of Handicapped. When
deemed appropriate, the site plan shall provide
for the special needs of handicapped persons,
such as ramps for wheelchairs, drop curbs and
handicapped parking stalls.
C. Preservation of Natural Landscape.
The landscape and existing grade shall be
preserved to the maximum practical degree,
considering development constraints and suit-
ability of the landscape or grade to serve the
applicant's functions. Preserved trees and
shrubs shall be protected during construction.
D. Pedestrian and Vehicular Circulation
and Parking. The location and number of
points of access to the site, the interior circula-
tion patterns, designs of parking areas and the
separationbetween pedestrians and moving and
parked vehicles shall be designed to promote
safety and avoid congestion on adjacent streets.
E. Buffering and Screening. Areas, struc-
tures and facilities for storage, machinery and
equipment, services (mail, refuse, utility wires
and the like), loading and parking and similar
accessory areas and structures shall be
designed, located, buffered or screened to
minimize adverse impacts to the site and neigh-
boring properties.
F. Utilities. All utility installations above
ground, if such are allowed, shall be located so
as to minimize adverse impacts on the site and
neighboring properties.
G. Public Facilities. The proposed use
shall not be an undue burden on public facili-
ties, such as the street, sewer or water system.
19.76.080 Required Minimum
Standards.
A. Minimum Landscaping Standards. All
developments subject to site plan approval
shall meet the following minimum standards for
landscaping:
a. A minimum of 15% of the area of a
project for multi -family, commercial and indus-
trial development shall be landscaped, subject
to site plan approval.
b. Street Trees. The placement, spacing
and pruning of street trees shall be as follows,
although the Planning Director or Hearings
Body may adjust the placement standard for
special site conditions:
1. Street trees shall be located a mini-
mum of three feet from the face of a curb.
2. Trees shall be placed a maximum of
thirty feet apart. Trees shall be evenly spaced,
with variations to the spacing permitted for
specific site limitations and safety purposes.
3. An approved tree grate shall be used
for trees planted in paved or concrete area.
4. As trees grow, they shall be pruned to
provide a minimum clearance of eight feet
above sidewalk and fourteen feet above street,
alley or roadway surfaces.
5. Existing trees may be used as street
trees if they are not killed or damaged from
any new development. Sidewalks of variable
width and elevation may be utilized to save
existing street trees.
6. Existing street trees removed by devel-
opment projects shall be replaced by the
developer.
C. Areas of commercial and industrial
zones used for vehicle maneuvering, parking,
loading or storage shall be landscaped and
screened as follows:
1. Landscape coverage of the landscape
area shall be fifty percent at the time of instal-
lation and ninety percent at five years.
2. Parking lot landscaping shall consist of
a minimum of seven percent of the total park-
ing area plus a ratio of one tree per ten park-
ing spaces to create a canopy effect.
3. Landscape buffers between parking
areas and streets shall have a minimum width
of three feet with no car overhang and eight
feet with a car overhang.
4. Landscape buffers between parking
and an abutting property line shall have a
minimum width of three feet.
60
105 - 02UU
5. Front or exterior yard landscapingmay
not be substituted for the interior landscaping
required for interior parking stalls.
6. There shall be a minimum distance of
five feet between parking areas and buildings in
parking areas adjacent to residential dwellings
and a five foot minimum height and width of a
continuous evergreen hedge screen (or five
foot minimum height of wall or fence) in two
years from the date a building permit is issued
7. There shall be a minimum width of ten
feet for landscape buffers between buildings
adjacent to streets.
8. Landscape buffers shall consist of
evergreen ground cover and shrubs mixed with
a variety of flowering and deciduous species of
trees and shrubs.
9. Landscaping in a parking or loading
area shall have a width of not less than five
feet. Landscaping in a parking or loading area
shall be located in defined landscaped areas
which are uniformly distributed throughout the
parking or loading area.
d. Provision shall be made for the irriga-
tion of planting areas.
e. Required landscaping shall be contin-
uously maintained.
f. Vegetation planted in accordance with
an approved site plan shall be maintained by
the owner, any heir or assignee. Plants or trees
that die or are damaged shall be replaced and
maintained.
B. Shared Areas. Usable outdoor recrea-
tion space shall be provided for the shared use
of residents and their guests in any apartment
residential development as follows:
a. Units with one or two bedrooms: 200
square feet of lawn per unit.
b. Units with three or more bedrooms:
300 square feet of lawn per unit.
C. Storage. Areas shall be provided in
residential developments for the storage of
articles such as bicycles, barbecues, luggage,
outdoor furniture, etc.
D. Drainage. Surface drainage shall be
contained on site. (Ord. 88-042 § 33, 1988)
Chapter 19.80
OFF-STREET PARHINGAND LOADING
Sections:
19.80.010 Compliance
19.80.020 Off -Street Loading
19.80.030 Off -Street Parking
19.80.040 Number of Spaces Required
19.80.050 General Provisions
19.80.060 Development and Maintenance
Standards for Off -Street
Parking Areas
19.80.070 Off -Street Parking Lot
Design
19.80.010 Compliance.
No building or other permit shall be issued
until plans and evidence are presented to show
how the off-street parking and loading require-
ments are to be fulfilled and that property is
and will be available for exclusive use as off-
street parking and loading space. The subse-
quent use of the property for which the permit
is issued shall be conditional upon the unquali-
fied continuance and availability of the amount
of parking and loading space required by this
Ordinance.
19.80.020 Off -Street Loading.
Every use for which a building is erected or
structurally altered to the extent of increasing
the floor area to equal a minimum floor area
required to provide loading space, and which
will require the receipt or distribution of mate-
rials or merchandise by truck or similar vehicle,
shall provide off-street loading space on the
basis of minimum requirements as follows:
A. Commercial, industrial and public
utility uses which have a gross floor area of
5,000 square feet or more shall provide truck
loading or unloading berths in accordance with
the following table:
61
105 - 0207
Square Feet No. of Berths
of Floor Area Required
Less than 5,000 0
5,000 - 30,000 1
30,000 - 100,000 2
100,000 and Over 3
B. Restaurants, office buildings, hotels,
motels, hospitals and institutions, schools and
colleges, public buildings, recreation or enter-
tainment facilities and any similar use which has
a gross floor space of 30,000 square feet or
more shall provide off-street truck loading or
unloading berths in accordancewith the follow-
ing table:
Sq. Feet No. of Berths
of Floor Area Required
Less than 30,000 0
30,000 - 100,000 1
100,000 and Over 2
C. A loading berth shall contain space 10
feet wide, 35 feet long and have a height
clearance of 14 feet. Where the vehicles
generally used for loading and unloading exceed
these dimensions, the required length of these
berths shall be increased.
D. If loading space has been provided in
connection with an existing use or is added to
an existing use, the loading space shall not be
eliminated if elimination would result in less
space than is required to adequately handle the
needs of the particular use.
E. Off-street parking areas used to fulfill
the requirements of this Ordinance shall not be
used for loading and unloading operations,
except during periods of the day when not
required to take care of parking needs.
19.80.030 Off -Street Parking.
Off-streetparking space shall be provided and
maintained as set forth in this section for all
uses in all zones, except for the CB zone.
Such off-street parking spaces shall be provided
at the time a new building is hereafter erected
or enlarged or the use of a building existing on
the effective date of this Ordinance is changed.
Improved off-street parking shall mean paved
with two inches of paving.
19.80.040 Number of Spaces Required.
Off-street parking shall be provided as fol-
lows:
A. Residential.
One, two and three-family dwellings: 2 spaces
per dwelling unit.
Multi -family dwelling containing four or more
dwelling units:
Studio or Efficiency
Unit
.75 space per unit
One Bedroom Unit
1.00 space per unit
Two Bedroom Unit
1.50 spaces per unit
Three Bedroom Unit
2.25 spaces per unit
Four Bedroom Unit
2.50 spaces per unit
Resident hotel, rooming or boarding house:
.50 space guest parking per dwelling unit.
B. Commercial Residential.
Hotel: 1 space per guest room plus 1 space
per 2 employees.
Motel: 1 space per guest room or suite plus 1
additional space for the owner or manager.
Club or Lodge: Spaces to meet the combined
requirements of the uses being conducted such
as hotel, restaurant, auditorium, etc.
Fraternity, Sorority or Dormitory: 1 space for
each 6 student beds.
C. Institutions.
Welfare or Correctional Institution: 1 space
per 3 beds for patients or inmates.
62
105 - 0208
Convalescent Hospital, Nursing Home, Sanitar-
ium, Rest Home, Home for the Aged: 1 space
per 2 beds for patients or residents.
Hospital: 1.5 spaces per bed.
D. Places of Public Assembly.
Church: 1 space per 4 seats or 8 feet of bench
length in the main auditorium.
Library, Reading Room, Museum, Art Gallery:
1 space per 400 sq. ft. of floor area plus 1
space per 2 employees.
Pre-school Nursery or Kindergarten: 2 spaces
per teacher.
Elementary or Junior High School: 1 space
per employee or 1 space per 4 seats or 8 ft. of
bench length in auditorium, whichever is
greater.
High School: 1 space per employee plus 1
space for each 6 students or 1 space per 4 seats
or 8 feet of bench length in the main audito-
rium, whichever is greater.
College or Commercial School for adults: 1
space per 3 seats in classrooms.
Other Auditorium or Meeting Room: 1 space
per 4 seats or 8 feet of bench length. If no
fixed seats or benches, l space per 60 sq. ft. of
floor area.
E. Commercial Amusement.
Stadium, Arena or Theater: 1 space per 4
seats or 8 feet of bench length.
Bowling Alley: 6 spaces per lane plus 1 space
per 2 employees.
Dance Hall or Skating Rink: 1 space per 100
sq. ft. of floor area plus 1 space per 2
employees.
F. Commercial.
Retail Store, except stores selling bulky mer-
chandise: 1 space per 300 sq. ft. of gross floor
area.
Service or repair shops, retail stores and outlets
selling furniture, automobiles or other bulky
merchandise where the operator can show the
bulky merchandise occupies the major area of
the building: 1 space per 600 sq. ft. of gross
floor area.
Bank or Office (except medical and dental):
1 space per 300 sq. ft. of gross floor area.
Medical or Dental Office or Clinic: 1 space
per 150 sq. ft. of gross floor area.
Eating or drinking establishments: 1 space per
120 sq. ft. of gross floor area.
Mortuaries: 1 space per 4 seats or 8 feet of
bench length in chapels.
Beauty parlor and barber shop: 3 spaces for
each of the first 2 beauty or barber chairs, and
1 1/2 spaces for each additional chair. (Ord.
88-042 § 34, 1988)
G. Industrial.
Manufacturing establishment: 1 space per
employee on the largest working shift.
Storage Warehouse, wholesale establishment,
rail or trucking freight terminal: 1 space per
2,000 sq. ft. of gross floor area.
H. Other uses not specifically listed above
shall furnish parking as required by the
Planning Commission. The Planning Commis-
sion shall use the above list as a guide for
determining requirements for said other uses.
63
105 - 0209
19.80.050 General Provisions -
Off -Street Parldng.
A. More Than One Use on One or More
Parcels. In the event several uses occupy a
single structure or parcel of land, the total
requirement for off-street parking shall be the
sum of the requirements of the several uses
computed separately.
B. Joint Use of Facilities. The off-street
parking requirements of two or more uses,
structures or parcels of land may be satisfied by
the same parking or loading space used jointly
to the extent that it can be shown by the
owners or operators of the uses, structures or
parcels that their operations and parking needs
do not overlap in point of time. If the uses,
structures or parcels are under separate owner-
ship, the right to joint use of the parking space
must be evidenced by a deed, lease, contract or
other appropriate written document to estab-
lish the joint use.
C. Location of Parking Facilities. Off-
street parking spaces for dwellings shall be
located on the same lot with the dwellings. All
other off-street parking shall be located on the
lot with the use or, if not located on the same
lot, shall be fust approved as a conditional use.
The applicant must prove that the parking
located on another parcel is functionally
located and that there is safe vehicular and
pedestrian access to and from the use. The
burden of proving the existence of such off -
premises parking arrangements rests upon the
person who has the responsibility of providing
parking.
D. Use of Parking Facilities. Required
parking space shall be available for the parking
of operable passenger automobiles of residents,
customers, patrons and employees only, and
shall not be used for the storage of vehicles or
materials or for the parking of trucks used in
conducting the business or used in conducting
the business or use.
E. Parking, Front Yard. Unless otherwise
provided, required parking and loading spaces
for multi -family dwellings, commercial and
industrial use shall not be located in a required
front yard, but such space may be located
within a required side or rear yard.
19.80.060 Development and Maintenance
Standards for Off -Street
Parldng Areas.
Every parcel of land hereafter used as a
public or private area, including commercial
parking lots, shall be developed as follows:
A. An off-street parking area for more
than five vehicles shall be effectively screened
by a site -obscuring fence, hedge or planting on
each side which adjoins a residential use or
property situated in a residential zone or the
premises of any school or like institution.
B. Any lighting used to illuminate the off-
street parking areas shall be so arranged that it
will not project light rays directly upon any
adjoining property in an R zone.
C. 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 or right-of-way other than an alley.
D. Areas used for standing and maneuver-
ing of vehicles shall be paved surfaces main-
tained adequately for all weather use and so
drained as to contain any flow of water on the
site.
E. Except for parking to serve residential
uses, parking and loading areas adjacent to or
within residential zones or adjacent to residen-
tial uses shall be designed to minimize distur-
bance of residents.
F. Access aisles shall be of sufficient
width for all vehicular turning and maneuvering.
G. Service drives to off-street parking
areas shall be designed and constructed to
facilitate the flow of traffic, provide maximum
safety of traffic access and egress and maximum
safety of pedestrians and vehicular traffic on
the site. The number of service drives shall be
limited to the minimum that will accommodate
and serve the traffic anticipated. Service drives
shall be clearly and permanently marked and
defined throughout by the use of rails, fences,
64
los -! 0210
walls or other barriers or markers. Service
drives to drive-in establishments shall be
designed to avoid backing movements or other
maneuvering within a street other than an
alley.
H. Service drives shall have a minimum
vision clearance area formed by the intersec-
tion of the driveway center line, the street
right-of-wayline and a straight line joining said
lines through points 30 feet from their inter-
section.
I. Parking spaces along the outer
boundaries of a parking area shall be contained
by a curb or bumper rail so placed to prevent
a motor vehicle from extending over an adja-
cent property line or a street right-of-way.
19.80.070 Off -Street Parldng Lot
Design.
All off-street parking lots shall be designed in
accordancewith County standards for stalls and
aisles set forth in the following drawings and
table:
A
B
C
D
E
F
9'- 0"
9.0
12.0
22.0
30.0
0
9'- 6"
9.5
12.0
22.0
31.0
10'- 0"
10.0
12.0
22.0
32.0
9'- 0"
19.8
13.0
12.7
52.5
45
9'- 6"
20.1
13.0
13.4
53.3
10'- 0
20.5
13.0
14.1
54.0
9'- 0"
21.0
18.0
10.4
60.0
60
9"- 6"
21.2
18.0
11.0
60.4
10'- 0"
21.2
18.0
10.6
60.4
9'- 0"
21.0
19.0
9.6
61.0
70
9'- 6"
21.2
18.5
10.1
60.9
10'- 0"
21.2
18.0
10.6
60.4
9'- 0"
20.0
24.0
9.0
64.0
90
9'- 6"
20.0
24.0
9.5
64.0
10'- 0"
20.0
24.0
10.0
64.0
A.
Parking Angle
B.
Stall Width
C.
20' Stall
D.
Aisle Width - One Way*
E.
Curb Length Per Car
F.
Bay Width
* 24' Minimum For Two -Way Traffic
a. For one row of stalls, use C plus D as
minimum bay width.
b. Public alley width may be included as
part of dimension D, but all parking stalls must
be on private property, off the public right-of-
way.
C. For estimating available parking area,
use 300-325 sq. ft. per vehicle for stall, aisle
and access areas.
d. For narrow lots, equivalent size stalls
and aisles may be approved by the Public
Works Director.
e. For large parking lots exceeding 20
stalls, alternate rows may be designed for
compact cars provided that the compact stalls
not exceed 30 percent of the total required
stalls. A compact stall shall be 8 feet in width
and 17 feet in length with appropriate aisle
width.
65
105, -, 0211.
Chapter 19.84
SPECIAL SETBACK PROVISIONS
ON CERTAIN STREETS
Sections:
19.84.010 Future Width and Special
Building Lines
19.84.020 Landscape Strips and
Special Building Lines
19.84.010 Future Width and Special
Building Lines
Future Width and Special Building Lines -
Purpose and Designation of Streets. Because
of heavy or arterial traffic volume and conges-
tion, existing or probable intensive or commer-
cial development of abutting properties, sub-
standard paving widths, the probability of
inadequate sight distances and other like condi-
tions affecting traffic safety and light, air and
vision along streets, the City Commissioner
finds that the public health, safety and welfare
require that building setback lines, as herein-
after specified be, and they hereby are estab-
lished on all properties abutting the following
named streets and sections of streets. Where
applicable, requirements set forth in this provi-
sion shall be in addition to the yard require-
ments specified for the zoning districts.
The distances set forth shall be measured
from the center -line and at right angles to the
centerline of the street and required yards are
in addition to this setback.
Setback From
Street Name Centerline to Yard
Neff Road
50 Feet
Denser Road
50 Feet
Highway 20
50 Feet
Highway 97
50 Feet
Boyd Acres Road
50 Feet
(Studio Road to Industrial Park Road)
Reed Market Road
50 Feet
Ferguson
50 Feet
Blakely
50 Feet
M�
105 - 0212
Cooley 50 Feet
Butler Market Road 50 Feet
19.84.020 LandscapeStrips and Special
Building Lines
A. Landscape Strips and Special Building
Lines - Purpose and Designation of Streets.
The purpose of this provision is to conserve
and enhance the appearance of the community
along certain streets of special significance to
the community. These streets are the entrance
to the City for the traveling public and the
most frequently used streets in the community
by the general public. The deteriorationof the
general appearance of these streets will
adversely affect the health, safety and general
welfare of the people of the County. There-
fore, there is hereby specified and hereby
established on all properties abutting the
following named streets and sections of streets
a 10 -foot building setback line from the street
right-of-way line. Said areas within this special
setback shall be landscaped and continuously
maintained by the property owner. Said land-
scaping shall be installed upon the enlargement
of the principal structure on the property, the
expansion of the use on the property or upon
the change in use on any property within the
specified sections of streets. Where applicable,
the requirements set forth in this provision
shall supercede the yard requirements specified
for the zones. (Ord. 88-042 § 35, 1988)
B. Highway 97 - north city limits to south
city limits; Division Street - from Highway 97
south to Brosterhous Road; Deschutes Place -
from Revere Avenue south to Hill Street; Hill
Street - from Deschutes County south to
Norton Street; Wall Street - from Norton
Street south to GreenwoodAvenue; Riverside -
from the alley west of Wall Street south to
Galveston Avenue; Galveston Avenue -
Riverside west to 14th Street; Greenwood
Avenue - from east city limits west to Harriman
Street; 14th Street/Century Drive - Galveston
south to city boundary; Penn/Neff - 8th Street
east; 27th Street - All.
C. Compliance Required. It shall be
unlawful for any person, firm or corporation to
construct, erect or locate any building or other
structure within any setback lines as established
in this section.
D. Variance Procedure. Where practical
difficulties, unnecessary hardships and results
inconsistent with the general purpose of this
Ordinance may result from the strict application
of the provisions of this section, a variance may
be granted pursuant to the provisions set forth
in Chapter 19.108.
67
105 ~ 0213
Chapter 19.88
PROVISIONS APPLYING TO
SPECIAL USE STANDARDS
Sections:
19.88.010 Automobile Service Stations -
Minimum Standards
19.88.020
Kennels, Riding Academies
19.88.120
and Public Stables
19.88.030
Cemetery, Crematory or
19.88.140
Mausoleum
19.88.040
Churches, Hospitals or Other
19.88.270
Religious Institutions
19.88.050
Community Buildings, Social
19.88.170
Halls, Lodges, Fraternal
19.88.180
Organizations and Clubs
19.88.060
Drive -In Theaters
19.88.070
Keeping of Livestock
19.88.080
Replaced by 19.88.280
19.88.090
Temporary Permits for
Manufactured Homes
19.88.100
Mines, Quarries, Gravel Pits,
or Gravel Removal Sites
19.88.110
Replaced by 19.88.280
19.88.120
Utilities
19.88.130
Rear Lot Permits
19.88.140
Home Occupation
19.88.150
Landing Strips for Aircraft
19.88.270
and Heliports
19.88.160
Day Care Facility
19.88.170
Housing for the Elderly
19.88.180
Plant Nursery
19.88.190
Hydroelectric Facilities
19.88.200
Destination Resorts
19.88.210
Solar Setbacks
19.88.220
Solar Access Permit
19.88.230
Time Share Unit
19.88.240
Fill and Removal
19.88.250
Dwelling Groups
19.88.260
Bed and Breakfast Inn
19.88.270
Temporary Use
19.88.280
Manufactured Homes
105 - 0214
In addition to the standards of this Ordi-
nance, the following special uses shall comply
with the provisions of this section.
19.88.010 Automobile Service
Stations - Minimum
Standards.
A. Location. No portion of any service
station shall hereafter by 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. This shall not
prevent the remodeling of an existing service
station. This paragraph shall not apply to any
service station which includes as part of its
operation on the site a retail grocery store and
a restaurant which provides indoor service and
seating for restaurant customers. (Ord. 87-031
§ 1, 1987)
B. Minimum Lot Size. The minimum lot
size for a service station site shall be 12,000
square feet. The minimum street frontage on
the major traffic carrying street of a corner lot
shall be 100 feet. The minimum street frontage
for a service station site on an interior lot shall
be 120 feet. The minimum lot depth shall be
100 feet.
C. Setbacks. Service stations shall set
back from property lines not less than 10 feet.
Attached or free-standing canopies may not
extend closer than 10 feet to the property line.
The minimum 10 -foot distance between prop-
erty line and building shall be appropriately
landscaped as a continuation of the service
station's required landscaping.
D. Screening. A sight -obscuring fence or
wall not less than 6 feet or more than 8 feet or
an evergreen hedge planted at 4 feet and
capable of obtaining 6 feet in height shall be
provided between the service station and
abutting property in a residential zone or used
for residential purposes. Said wall, fence or
hedge shall be reduced to 2 1/2 feet in vision
clearance areas. A screened trash enclosure
shall be provided on each station site.
E. Landscaping. Landscaping shall be
installed and maintained, occupying a minimum
of 5 percent of the station site's net area.
Plans for landscaping shall be approved during
site plan review.
F. Lighting. 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. Wiring for the
business and its signs and light fixtures shall be
underground.
G. Other Requirements. No storage of
inoperative automobiles or parts thereof shall
be permitted, except in enclosed structures, for
any period exceeding 72 hours. Off-street
parking space shall be provided for each atten-
dant of the largest shift. Sales, storage and
display of merchandise shall be conducted
within a building, except for gasoline, oil, wind-
shield wiper blades and other accessories of
like size. Use of property for service station
may also include the sale and installation of
motor vehicle accessories, minor vehicle repairs
(such as tuneups, tire repair and the like),
emergency vehicle repairs and any other sales,
service or activity otherwise permitted within
the zone.
H. Abandonment. Whenever a service
station is not used as such for a continuous
period of nine months, all structures and facili-
ties above and below the ground shall be
removed by the owner. Operation for at least
90 consecutive days shall be required to inter-
rupt a continuous nine-month period. All
service stations which are unused for nine
months as provided above are hereby declared
to be nuisances and subject to abatement as
provided in this Ordinance.
19.88.020 Kennels, Riding Academies
and Public Stables.
In an UAR-10 or SR 2 1/2 zone, kennels,
riding academies and public stables shall be
located not less than 200 feet from any prop-
erty line, shall provide automobile and truck
ingress and egress and also provide parking and
loading spaces so designed as to minimize
69
105 - 0215
traffic hazards and congestion. Applicants shall
show that odor, dust, noise and drainage shall
not constitute a nuisance, hazard or health
problem to adjoining property or uses.
19.88.030 Cemetery, Crematory or
Mausoleum.
A cemetery, crematory or mausoleum shall
have its principal access on a major street or
road with ingress and egress so designed as to
minimize traffic congestion and shall provide
required SR or off-street parking space.
Cemeteries located within any R zone or
abutting such zone shall establish and maintain
appropriate landscaping and screening to
minimize the conflict with abutting residential
uses.
19.88.040 Churches, Hospitals or
Other Religious Institutions.
In any residential zone, churches, hospitals or
other religious institutions may be located on
an arterial or collector street. Such uses may
also be located on a local street provided that
there is sufficient access to arterial or collector
streets and that such uses do not unduly impact
residential areas. Access and required off-street
parking shall be designed to minimize impact
on existing traffic patterns and adjoining prop-
erties. All buildings shall be set back 30 feet
from side and rear lot lines and all off-street
parking facilities shall be screened from abut-
ting properties. No sign shall exceed 10 square
feet in size or be internally illuminated. (Ord.
88-044 § 1, 1982)
19.88.050 Community Buildings,
Social Halls, Lodges,
Fraternal Organization and
Clubs.
All buildings shall be set back a minimum of
30 feet from a side or rear lot line. There
shall be no external evidence of any incidental
commercial activities taking place within the
building. All such uses shall be located on a
major street or road and be able to provide
access without causing traffic congestion on
local residential streets.
19.88.060 Drive-in Theaters.
Drive-in theaters shall be located only on a
major street or road, shall provide ingress and
egress designed to minimize traffic congestion,
shall be so screened from any residential zone
or dwelling that any noise shall not disturb
residents or prospectiveresidents, shall maintain
signs and other lights only in such a way as not
to disturb neighboring residents and shall be so
designed that the screen will be set back from
and shall not be clearly visible from any high-
way.
19.88.070 Keeping of Livestock.
The Planning Commission may authorize the
keeping of livestock as a conditional use in an
RS, SR or R zone, subject to the following
standards:
A. One horse, cow, goat, sheep, swine or
other livestock shall have a corral or pasture
with a usable area of at least 7,500 square feet;
two horses, cows, goats, sheep, swine or other
livestock, at least 10,000 square feet; and for
each additional horse, cow, goat, sheep, swine
or other livestock, at least 5,000 square feet,
but in no case shall the above use be allowed
on any parcel of land less than one acre in size.
B. No enclosure for horses, cows, goats,
sheep, swine or other livestock shall be located
closer than 100 feet to a neighboring dwelling.
C. Fences erected in connection with the
keeping of livestock shall be of lumber or other
standard fencing material (not including barbed
wire or electric fence), shall be kept in good
repair and shall be at least 4 feet in height. A
fence shall meet the setback requirements of
the zone.
19.88.080 Replaced by Section 19.88.280
70
105 - 0216
19.88.090 Temporary Permits for
Manufactured Homes.
Temporary use permits for manufactured
home or trailer house type units may be autho-
rized by the Planning Director in the following
circumstances upon such terms and conditions
as prescribed by the Planning Director.
A. Temporary use permits may be
granted in favor of schools for a specified time.
B. Temporary use permits may be
granted in residential zones for relatives of the
family residing on the property if the manufac-
tured home will be used because of a medical
problem requiring the use of such a unit. The
existence of a medical problem shall be sup-
ported by the certificate of a medical doctor.
The permit shall not exceed one year and may
only be renewed with another certificate from
a medical doctor.
C. Temporary use permits may be
granted in connection with construction
projects. The duration of such permits shall
not continue beyond the construction period
and the permit shall terminate upon occupancy
of the building being constructed. The Building
Official may issue such permits.
19.88.100 Mines, Quarries, Gravel Pits
or Gravel Removal Sites.
Extractions from deposits of rock, stone,
gravel, sand, earth, minerals or building or
construction materials shall not be construed
to be a permitted use in any zone of this Ordi-
nance (except as outlined in Chapter 19.16 for
permitted uses in an SM zone) unless a condi-
tional use permit shall first have been obtained
as provided in Chapter 19.100, except for on-
site excavation and grading in conjunction with
a specific construction or improvement project.
The Planning Commission shall have the power
to grant conditional use permits, which are valid
for a specific period of time or are revocable,
to permit extractions from deposits of rock,
stone, gravel, sand, earth, minerals or building
or construction materials. Odors, dust, noise
or drainage shall not be permitted to create or
become a nuisance to surrounding property.
19.88.110 Repealed by Section 19.88.280
19.88.120 Utilities.
The erection, construction, alteration or
maintenance by public utility or municipal or
other governmental agencies of underground,
overhead, electrical, gas, steam or water trans-
mission or distribution systems, collection, com-
munication, supply or disposal system, including
poles, towers, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm boxes, police call
boxes, traffic signals, hydrants and other similar
equipment and accessories in connection there-
with, but excluding buildings, may be permitted
in any zone. Utility transmission and distribu-
tion lines, poles and towers may exceed the
height limits otherwise provided for in this
Ordinance. However, in considering an appli-
cation for a public utility use, the Hearings
Body or Planning Director shall determine that
the site, easement or right-of-way is located to
best serve the immediate area, and in the case
of a right-of-wayor easement, will not result in
the uneconomic parceling of land. As far as
possible, transmission towers, poles, overhead
wires, pumping stations and similar gear shall
be located, designed and installed to minimize
their effect on scenic values.
19.88.130 Rear Lot Permits.
A. Purpose. The purpose of this section
is to permit development of deep lots in resi-
dential areas which are incapable of being sub-
divided or otherwise developed under the strict
application of this Ordinance. No deep lots or
other larger parcels of land may be developed
under this section if the property is physically
capable of being subdivided, either separately
or in conjunction with adjacent properties,
either now or in the future. Any property
proposed to be developed under this section
shall comply with all of the following eligibility
and development requirements.
B. Eligibility. Property must be less than
4 acres in area. Property must be so situated
that further subdivision or segregation under
terms of other applicable County ordinances
71
10E; -0211
and regulations is not possible, either individ-
ually or in conjunction with any other adjacent
property. Minimum Area: Twice that required
by the applicable zone. Minimum Depth: 200
feet. Minimum Width: As required by appli-
cable zones.
C. Development Standards. Providedthe
eligibility requirements are met, a permit may
be issued subject to the following standards and
criteria:
a. Front Parcel: Minimum Lot Width:
Ten feet less than required by applicable zones.
Minimum Lot Depth: One hundred feet.
Yard Requirements: Same as required in ap-
plicable zones.
b. Rear Parcel: Access Way Minimum:
Twenty feet for first 150 feet; 30 feet if access
way is greater than 150 feet. Maximum Access
Way Width: Thirty feet. Yard Requirements:
No building shall be erected within 10 feet of
any property line. Area of rear lot shall be
within 15 percent of the area of the front lot.
Access way shall be paved and shall be an
integral part of the rear lot. Development of
property is subject to approval by the Planning
Director or Hearings Body. Applicant shall
submit a site plan for all buildings, structures
and other improvements, such as roadways,
walks and parking facilities to the Planning
Director or Hearings Body for approval. All
improvements made on the property shall
conform to the plans as approved by the Plan-
ning Director or Hearings Body.
19.88.140 Home Occupation.
An occupation carried on within a dwelling
by members of the family occupying the dwell-
ing with no servant, employee or other persons
being engaged, provided the occupation is
conducted in such a manner as not to give an
outward appearance nor manifest any charac-
teristics of a business in the ordinary meaning
of the term nor infringe upon the right of
neighboring residents to enjoy the peaceful
occupancy of their homes. Such occupations
shall be a secondary use on the premises, shall
not occupy more than 25 percent of the floor
area of one floor of the dwelling and there
shall be no stock in trade stored or displayed or
goods sold upon the premises. Signs shall be
permitted according to the provisions of the
Sign Ordinance. For purposes of this Ordi-
nance, nursery schools and kindergartens shall
not be consideredhome occupationsin residen-
tial zones.
19.88.150 Landing Strips for Aircraft
and Heliports.
All landing strips and heliports for aircraft
shall be so designed and facilities so oriented
that the incidence of aircraft passing directly
over dwellings during their landing or taking off
pattern is minimized. They shall be located so
that traffic, both land and air, shall not con-
stitute a nuisance to neighboring uses. The
proponents shall show that adequate controls
or measures will be taken to prevent offensive
noise, vibrations, dust or bright lights. New
landing strips and heliports shall not be con-
strued to be a permitted use in any zone
established by this Ordinance unless and until
a conditional use permit has been secured
therefor.
19.88.160 Day Care Facility.
Day care facilities shall have a minimum site
size of 5,000 square feet and shall provide and
thereafter maintain outdoor play areas with a
minimum area of 100 square feet per child of
total capacity. All outside play shall be
enclosed by a fence of at least four feet but
not more than six feet in height. Day care
facilities and nursery schools shall provide
adequate off-street parking and loading spaces
and may be required to provide a driveway
designed for continuous forward flow of pas-
senger vehicles for the purposes of loading and
unloading. (Ord. 88-042 § 37, 1988)
19.88.170 Housing for the Elderly.
The purpose of this section is to establish
standards for housing developments for the
elderly within the RH zone. Housing devel-
opments for the elderly shall be exempted from
72
105 - 0218
applicable zone regulations only insofar as the
provisions in the section conflict with appro-
priate regulations.
A. The minimum lot area for single and
two-family dwellings shall be 5,000 square feet.
For each additional dwelling unit, the original
lot's area shall be increased by 360 square feet
provided that more than 50 percent of the
dwelling units shall be studio apartments. For
the purpose of this section, a studio apartment
is defined as an apartment with one principal
room and having no bedrooms.
B. The combined lot coverage of all
structures shall not exceed 50 percent of the
lot area.
C. Off-street parking shall be provided as
follows: Total Off -Street Parking Area - .75
space per dwelling unit. Improved Off -Street
Parking Area - .33 space per dwelling unit. As
long as the multiple -family dwelling serves as
housing for the elderly in terms of the original
intent for the development, the smaller parking
requirement shall apply. Any applicant must
provide a site plan showing the total off-street
parking area including access and parking
spaces in the event the development ceases to
serve as housing for the elderly or requires
additional parking. In the event that the devel-
opment ceases to serve as housing for the
elderly in terms of the original intent of the
development, and the larger off-street parking
area does not meet the parking needs of the
development, the Planning Commission may
require development of the total or larger off-
street parking area.
19.88.180 Plant Nursery.
A plant nursery deals primarily with raising
and selling 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:
A. Location on an arterial street.
B. If the proposed location is on a major
highway, such as 97 or 20, then access to the
site shall be from a frontage road or secondary
street.
C. Since these operations are commercial
in nature, they shall be permanently and well
landscaped, respecting the character of a resi-
dential area or entrance into the community.
D. Site plan review shall consider the
need for a subdued use of lights, the need for
adequate parking, berms, screens, etc., for
separation of parking and other activities from
existing and future residences.
19.88.190 Hydroelectric Facilities.
Low -head hydroelectric generating facilities
shall be considered a conditional use in all
zones subject to the procedures of Chapter
19.100 and the following standards:
A. No new hydroelectric facilities shall be
constructed, and no existing hydroelectric
facilities shall be enlarged or expanded in size
of area or generating capacity on the following
rivers and streams within the Bend Urban
Growth Boundary:
a. Tumalo Creek.
B. Hydroelectric facilities are allowed as
a conditional use on the Deschutes River
within the Bend Urban Growth Boundary(from
River Mile 171 below Lava Island Falls down-
stream to River Mile 160). Such conditional
use within the Bend Urban Growth Boundary
shall be governed by the conditions set forth in
Chapter 19.100 of this Ordinance.
(Ord. 86-017 § 15, 1986)
19.88.200 Destination Resorts.
A.
Information to be supplied by the ap-
plicant:
a.
Proposed land uses and densities.
b.
Building types.
C.
Circulation pattern.
d.
Park, playground and open space.
e.
Existing natural features.
L
Impacts on schools, roads, water and
sewerage systems and fire protection.
g.
Proposed ownership pattern.
h.
Waste disposal facilities.
i.
Water supply system.
j.
Lighting.
k.
General timetable for development.
73
105 - 0219
B. The conditional use permit may be
granted upon the following findings:
a. That any exceptions from the standards
of the underlying zone and subdivision ordi-
nance are warranted by the design and ameni-
ties incorporated in the development plan.
b. That the proposal is in harmony with
the surrounding area or its potential future
use.
C. The system of ownership and the
means of developing, preserving and maintain-
ing open space is adequate.
d. That sufficient financing exists to
assure that the proposed development will be
substantially completed in the timetable out-
lined by the applicant.
e. That open space, which is land not in
streets or structures, shall comprise 65 percent
of the land.
L That adequate provision is made for
the preservation of natural resources such as
bodies of water, natural vegetation and special
terrain features.
g. That the areas of activities are con-
tained in the center of the development or that
adequate buffer yards are established to protect
adjacent private lands.
C. Dimensional Standards.
a. The minimum lot area, width, frontage
and yard requirements otherwise applying to
individual buildings of the zone in which the
development is located do not apply within a
destination resort.
b. The Hearings Body or Planning Direc-
tor shall establish yards, height limitations,
space between buildings for the developmentor
may delegate this to the Planning Director or
Hearings Body
D. Commercial uses designed and sized to
meet the needs of the development's popula-
tion are allowed subject to the following:
a. That such use shall be containedwithin
the development.
b. That adequate screening and site
design shall insure compatibility between these
activities and adjacent uses.
(Ord. 82-038 § 1 Exhibit A, 1982)
19.88.210 Solar Setbacks.
A Purpose. The purpose of this section
is to provide as much solar access as practical
during the winter solar heating hours to existing
or potential buildings by requiring all new
structures to be constructed as far south on
their lots as is necessary and feasible.
B. Standards. Every new structure or
addition to an existing structure shall meet the
following standards except as provided in (C)
below:
a. South Wall Protection Standard. The
south wall protection standard is established in
Appendix A, and all new structures or addi-
tions shall meet this standard if feasible. If it
is not feasible due to physical constraints of the
lot, including but not limited to, rock outcrop-
pings, septic systems, existing legal restrictions
or lot dimensions as determined by the Plan-
ning Director, then the structure or addition
must be located as far to the south on the lot
as feasible and must meet the standard set
forth in (2) below.
b. South Roof Protection Standard. All
new structures or additions to existing struc-
tures shall meet the standard for south roof
protection set forth in Appendix B of Ordi-
nance No. 83-041.
C. Exceptions. The south roof protection
standard shall not apply only if the applicant
establishes:
1. That the structure cannot be located
on the lot without violating the requirements
contained in Appendix B of Ordinance No. 83-
041; and
2. That the structure is built with its
highest point as far to the south as feasible;
and
L that the structure is a single-family
residence with a highest point less than or
equal to 16 feet high; or, if not a single-family
residence;
ii. that it is a permitted or conditional use
for the lot.
C. Exemptions.
a. The governing body may exempt from
the provisions of this section any area which it
74
10Ei ~ 0220
determines unfeasible for solar use because the
area is already substantially shaded due to
heavy vegetation or steep north facing slopes
and any area or zone in which taller buildings
are planned.
b. The Planning Director shall exempt a
structure from the provisions of this section if
the structure will shade only a protected area
in which solar uses are not feasible because the
protected area is already substantiallyshaded at
the time a request for exemption is made and
approved by the Planning Director.
C. The Planning Director shall exempt a
structure from the provisions of Section
19.88.180, of this Ordinance if the structure is
in conformance with a solar height restriction
as provided in Sections 4.300 and 6.030 of
Ordinance 81-043, Deschutes County Subdivi-
sion/Partition Ordinance, as amended (Ord.
83-041 § 3, 1983)
19.88.220 Solar Access Permit.
A. Purpose. The purpose of this section
is to provide solar access to productive solar
collectors by establishing limitations, on a case
by case basis, for the growth of vegetation on
certain lots in the vicinity of a productive solar
collector.
B. Application for Solar Access Permit.
a. Any owner may submit an application
for a solar access permit to provide solar access
for a productive solar collector located on the
owner's real property.
b. The application for a solar access per-
mit shall be on forms prescribed by the County
and shall contain, at a minimum:
1. A legal description of the applicant's
lot, including a statement that the applicant is
the owner of the lot, and a description of the
nature of the applicant's interest in the lot.
2. Documentation to show that the solar
collector is or will be a productive solar collec-
tor within one year of application.
3. Descriptive drawings of the solar col-
lector showing its dimensions and precise
location.
4. A sunchart and a statement of the
solar heating hours for which solar access is
sought.
5. A statement that there is no reason-
able alternative location for the solar collector
that would result in a lesser burden on a neigh-
boring lot.
6. A statement that trimming the vegeta-
tion on the applicant's lot will not permit an
alternative location that would lessen the bur-
den on a neighboring lot.
7. A list of the lots that are within 150
feet to the south, southeast or southwest of the
solar collector, including streets, alleys and
other unbuildable areas; a legal description for
each such lot; the owner of record and his
address; the exempt vegetation located on the
lot and any existing non-exempt vegetation
likely to encroach on the protected area.
S. A statement that none of the lots
impacted are located on a north -facing slope
with a grade that exceeds, on average, 15
percent.
9. A plot plan showing the location of
and delineating all exempt and non-exempt
vegetation as shown on the sunchart photo-
graph as well as any non-exemptvegetation not
shown on the sunchart which may encroach on
the protected area in the future. The plot plan
shall also include:
i. The exact site of the solar collector, its
height and its orientation.
ii. Scale.
iii. An indication of true north.
iv. A survey of the lot.
C. The solar access permit application
shall be approved if:
1. The solar collector is or will be a
productive solar collector.
2. The protected area to be created by
the solar access permit is reasonablylocated. A
solar access permit shall be denied under this
paragraph if the applicant could trim his own
vegetationto permit an alternative location that
would be less burdensome upon a burdened
neighboring lot. A solar access permit shall
also be denied under this paragraph if there is
75
105 - 0221
an alternate location that would impose a lesser
burden on a neighboring lot or lots.
3. The applicant requests solar heating
hours no greater than two hours before and
after the solar zenith from September 22 to
March 21, and three hours before and after the
solar zenith from March 22 to September 21.
4. The solar access provided by the
permit does not burden any lot with a north -
facing slope with a grade that exceeds, on
average, 15 percent or which is more than 150
feet from the solar collector.
5. The application is accurate and
complete.
C. Solar Access Permit Issuance and
Recordation.
a. Upon the approval of an application,
the County shall issue and acknowledge a solar
access permit creating the solar access
requested in the application.
b. Upon receiving such a permit, the
County Clerk shall:
1. Record the solar access permit in the
chain of title of the applicant's lot and of each
neighboring lot identified in the application;
and
2. Keep a copy of the approved applica-
tion on file in County Records.
C. The form of the solar access permit
shall be as prescribed by the County and shall
contain at a minimum:
1. A legal description of the applicant's
lot and each neighboring lot to be burdened by
the solar access created by the solar access
permit.
2. A complete description of the solar
access restrictions applicable to each neighbor-
ing lot, including the solar heating hours during
which solar access is provided and a sunchart
showing the plotted skyline, including vege-
tation and structures, and a scaled drawing
showing the size and location of the protected
area and its orientation with respect to true
south.
3. A reference to where the approved
application may be obtained.
D. Obligation Created by Solar Access
Permit. The owner of any lot burdened by a
solar access permit shall trim any vegetation
not exempted on the burdened lot that shades
the protected area created by the solar access
permit provided that there is no vegetation on
the lot benefitted by the solar access permit
that also shades the protected area. The cost
of such trimming shall be borne by the owner
of the benefitted lot if the vegetation existed at
the time of permit application as shown on the
plot plan, and for all other vegetation, by the
owner of the burdened lot. Before any
trimming is required, the collector owner must
certify that the collector is still productive.
E. Termination of Solar Access Permit.
a. The Planning Director shall terminate
the solar access permit with respect to all or
part of the neighboring lots burdened by the
solar access permit if a petition for termination
is submitted by the applicant or the applicant's
successor in interest or the collector is not
productive for 12 consecutive months.
b. The County Clerk shall record the
termination of the solar access permit in the
chain of title of each lot affected by the
termination.
(Ord. 83-041 § 4, 1983)
19.88.230 Time Share Unit
A. Purpose. The purpose of this section
is to establish standards for time share uses
within the applicable zoning district in this
Ordinance.
a. Any time share unit shall have its
primary access on a collector street that does
not pass through an existing developed residen-
tial area or on an arterial.
b. Time share units in any residential
zone and the UAR-10 zone:
1. New time share units may be
developed in vacant areas in applicable zoning
districts provided that such development com-
plies with (a) above and the following:
i. That the density of the development
shall not exceed that of the existing predomi-
nant density pattern within 500 feet of the site.
76
10s - 0222
ii. That such developmentis appropriately
buffered by the use of yards, landscaping, etc.,
from adjoining properties as determined during
site plan review considering the need for
privacy and the effects of noise.
2. Developmentof time share units in the
RM or RH zones may be allowed provided
they comply with (a) above and are buffered
from adjacent residentially zoned neigh-
borhoods by yards, landscaping, berms or other
similar features.
3. The Hearings Body or Planning Direc-
tor may require bonds to assure installation and
maintenance of landscaping, parking and facili-
ties that are part of the buffering scheme. It
may also require that an adequate mechanism
will exist, such as an owners' association, that
will assure maintenance of such required facili-
ties.
C. Each time share unit shall be land-
scaped and buffered. The landscaped and
buffering plan shall be determined by site plan
review giving consideration to the need for
privacy and the effects of noise.
d. No structure shall be utilized as a
time share unit unless all the units in a devel-
opment or project are used as time share units
for this purpose. (Ord. 83-045 § 12, 1983)
19.88.240 Fill and Removal.
A. Except as otherwise provided in this
Ordinance, no person shall fill or remove any
material or remove any vegetation, regardless
of the amount, within the bed and banks of any
stream or river, or in any wetland, unless such
fill or removal is approved as a conditional use
in accordance with the following standards:
a. An application shall be filed contain-
ing a plan with the following information.
1. A detailed explanation of the planned
fill or removal including the amount of material
to be filled or removed.
2. An explanation of why the fill or
removal is necessary.
3. A site plan, drawn to scale and accom-
panied by such drawings, sketches and descrip-
tions as are necessary to describe and illustrate
the proposed fill or removal. The site plan
shall, at a minimum, include:
i. An inventory of existing vegetation.
ii. The proposed modifications, if any, to
the vegetation.
iii. Existing and proposed site contours.
iv. Location of property lines, easements
and high-water marks.
V. Other site elements or information
which will assist in the evaluation of the pro-
posed fill or removal.
b. Public facility and service uses, such as
construction or maintenance of roads, bridges,
electric, gas, telephone, sewer or water trans-
mission and distribution lines and related facili-
ties controlled by public utilities or cooperative
associations shall not be granted conditional
use permits to fill or remove unless the follow-
ing findings are made:
1. That all necessary state and federal
permits will be obtained as a condition of
approval of the conditional use.
2. That the roads, bridges, transmission
and distribution lines and related facilities
cannot, as a practical matter, be located outside
of the wetland or bed and bank of the stream
or river.
3. That the construction or maintenance
requiring the fill or removal will be done in a
manner designed to minimizes the adverse
impact upon the wetland, stream or river.
4. That erosion will be adequately con-
trolled during and after construction.
5. That the impacts on fish and wildlife
habitat from the fill or removal will be mini-
mized to the greatest extent practical. The
Oregon Department of Fish and Wildlife will
be requested to review and comment on the
application.
C. Fill or removal required for public
park and recreation areas, natural and outdoor
education areas, historic and scientific areas,
wildlife refuges, public boat launching ramps,
public docks and public walkways shall not be
allowed as a conditional use unless the follow-
ing findings are made:
77
105 - 0223
1. That all necessary state and federal
permits will be obtained as a condition of
approval of the conditional use permit.
2. That only the minimum removal of
vegetation or material and dredging or excava-
tion necessary for construction and mainte-
nance will be done.
3. That the specific location of the site
will require the minimum amount of distur-
bance to the natural environment, considering
alternative locations in the area and methods
of construction.
4. That such construction and mainte-
nance is designed and done in such a manner
as to minimize the adverse impact on the site.
5. That erosion will be adequately con-
trolled during and after construction.
6. That the impacts on fish and wildlife
habitat by the fill or removal will be minimized
to the greatest extent practical. The Oregon
Department of Fish and Wildlife will be
requested to review and comment on the
application.
d. Except for uses identified in Sections
19.88.240(A)(b) and (c) above, an application
for a conditional use permit for activity involv-
ing fill or removal of material or vegetation
within the bed and banks of a stream, river or
wetland:
1. Shall be granted only after considera-
tion by the Planning Director of the following
factors:
i. The effects on public or private water
supplies and water quality.
ii. The effects on aquatic life and habitat
and wildlife and habitat. The Oregon Depart-
ment of Fish and Wildlife will be requested to
review and comment on the application.
iii. Recreational, aesthetic and economic
values of the affected water resources.
iv. Effects on the hydrologic characteris-
tics of the water body, such as direction and
velocity of flow, elevation of water surface,
sediments transportation capacity, stabilization
of the bank and flood hazards.
V. The character of the area, considering
existing streambank, stabilization problems and
fill or removal projects which have previously
occurred.
2. Shall not be granted unless all of the
following conditions are met:
i. That all necessary state and federal
permits will be obtained as a condition of
approval of the conditional use.
ii. That there is no practical alternativeto
the proposed project which will have less
impact on the surrounding area, considering
the factors established in Section
19.88.240(A) (d) (1) above.
iii. That there will be no significant im-
pacts on the surrounding area, considering the
factors established in Section
19.88.240 (A) (d) (1) above.
iv. That erosion will be adequately con-
trolled during and after the project.
V. That vegetation will maintain the
essential character, quality and density of
existing growth. Additional vegetation shall be
required if necessary to protect aquatic life
habitats, functions of the ecosystem, wildlife
values and aesthetic resources or to prevent
erosion.
vi. That the proposed fill or removal
activity will be consistentwith all relevant goals
and policies of the Deschutes County Com-
prehensive Plan.
vii. That a conservation easement, as
defined in Section 19.04.040 of this Ordinance
shall be conveyed to the County which pro-
vides, at a minimum, that all elements of the
project will be carried out and maintained as
approved, in perpetuity, for the regulated fill or
removal area, and all real property on the
same lot within 10 feet of any wetland, river or
stream. (Ord. 86-058 §2, 1986)
19.88.250 Dwelling Groups.
A. Purpose. This section is intended to
make possible a more desirable living environ-
ment than would be possible through a strict
application of the provisions of this Ordinance.
It is intended to encourage reservation of a
greater proportion of open space for visual and
recreational uses; to encourage efficient,
01
105 - 0224
aesthetic and desirable uses of land; and to
encourage greater diversity and variety in the
physical development pattern of the County. A
permit may not be issued for the erection of a
dwelling group unless such dwelling group
conforms to all of the following conditions and
requirements:
a. The area of the lot on which the
dwelling group is to be erected shall be at least
20 percent greater than the aggregate of the
minimum lot areas otherwise required for the
individual dwellings in the group.
b. Each building containing a dwelling in
the group shall front either on a street or other
public open space at least 50 feet wide or on a
common yard or outer court, public or private,
not less than 50 feet wide.
C. The distances between two principal
buildings shall not be less than the average of
their heights and the distance between any
principal buildings and the nearest lot line
other than a front lot line shall not be less than
the height of the building.
d. Every building containing a dwelling in
the group shall be within 60 feet of an access
roadway or drive having a right-of-way of at
least 20 feet in width providing vehicular
access from a public street.
e. Such dwelling group shall conform to
all of the requirements of this Ordinance for
the district in which it is to be located, except
as provided in this section.
f. All dwelling groups shall be subject to
site plan approval as provided in Chapter 19.76.
(Ord. 88-042 § 36, 1988)
19.88.260 Bed and Breakfast Inn.
The inn shall be subject to an annual review
for at least the first three years of operations
after which time the Planning Director or
Hearings Body, after public hearings, may
approve a permanent permit for the inn. The
following minimum standards shall also apply:
A. All inns shall be owner -occupied.
B. Each guest room shall have one off-
street parking space, in addition to the parking
required for the dwelling by the provisions of
Chapter 19.80.
C. All inns shall be inspected and
approved by the County Building Official prior
to the issuance of an occupancy permit.
Inspection is limited to egress and fire protec-
tion. Dwellings must meet all requirements for
egress as defined in the State of Oregon
Uniform Building Code. A fee shall be paid
for inspections.
D. Only rooms designed as sleeping rooms
shall be used for guest rooms. Guest rooms
shall be protected by a smoke detector as
required by state code.
E. There shall be at least 400 feet of
separation along the same street between inns.
F. Signing shall be in accordance with
the County Sign Ordinance.
G. The bed and breakfast inn shall main-
tain an up-to-date guest register listing all
guests.
H. If an approved inn is not established
within one year of the approval date, or if the
use of the residence as an inn lapses for over
one year, the approval shall automatically
expire and a new application will be required.
I. All inns shall comply with the provi-
sions of the County's Transient Room Tax
Ordinance, where applicable. (Ord. 88-042 §
36, 1988)
19.88.270 Temporary Use.
Temporary structures and uses are permitted
only after obtaining a temporary use permit
from the Planning Director, and as follows:
A. In the CC, CL, CG, CH and CB
zones:
a. Christmas tree sales from November26
to December 31.
b. Fireworks sales from June 23 to July 5.
C. Non-profit organizations' fund-raising
sales if the non-profit status of said organiza-
tion is recognized by the Internal Revenue
Service, not to exceed 15 days in any 60 -day
period.
B. In the CH zone, other temporary uses
may be allowed for a period not to exceed 15
79
100 - 0225
days in any 60 -day period. Use of a parcel for
more than one temporary use in any 60 -day
period shall be subject to site plan review in
accordancewith all standardsof this Ordinance.
C. All temporary uses allowed by Section
19.88.270(A) and (B) above shall satisfy the
following standards:
a. All necessary permits shall be obtained
from the County Environmental Health and
Building Divisions.
b. All signs shall not exceed a combined
total of 32 square feet or a sign permit shall be
obtained in accordance with the County Sign
Ordinance.
C. All material employedin the temporary
use, such as produce, shelters and debris, shall
be removed by the applicant or property owner
at the end of the activity.
d. Access and parking shall be adequate
for the use. (Ord. 88-042 § 36, 1988)
19.88.280 Manufactured Homes.
A. General Provisions.
a. Manufactured home parks are per-
mitted with site plan review approval in the
RM and RH zones in accordance with the
standards of this section and the standards for
site plan approval.
b. In addition, manufactured home parks
and subdivisions may be planned under the
provisions for planned developments, which
may be used to provide for individual owner-
ship of manufacturedhomes and sites and com-
mon ownership and maintenance of other lands
and facilities.
C. Manufactured home subdivisions for
Class A manufactured homes are permitted
with site plan approval in the RS zone in
accordance with the standards in this section
and all other provisions of this Ordinance.
Manufactured home subdivisions for Class B
manufactured homes are permitted as a condi-
tional use in the RS zone in accordance with
the standards of this Ordinance.
d. Nothing in these provisions shall be
interpreted as superseding deed covenants or
restrictions.
e. Except as otherwise provided by this
section, the standards for subdividing and devel-
oping land within manufactured home parks
and subdivisions shall be the same as for all
other developments in accordance with the
provisions of this Ordinance.
f. State Requirements. Where standards
for manufactured home developments are
established by state law or Department of
Commerce Administrative Rule, such require-
ments shall be in addition to the provisions of
this section.
g. Manufactured Housing Construction
and Safety Standards Code (also referred to as
the HUD Code). Title VI of the 1974 Housing
and Community Development Act (42 U.S.C.
5401 et seq), as amended (previously known as
the Federal Mobile Home Construction and
Safety Act), rules and regulations adopted
thereunder (including information supplied by
the home manufacturer, which has been
stamped and approved by a Design Approval
Primary Inspection Agency, and agent of the
U. S. Department of Housing and Urban
Development pursuant to HUD rules), and
regulations and interpretations of said code by
the Oregon Department of Commerce, all of
which became effective for manufactured
home construction on June 15, 1976, shall be
utilized as the minimum construction standard
of the County with which all manufactured
home placements shall comply, except as may
be exempted by this section.
h. Definitions. For purposes of this
section only, the definitions of terms used
herein and not defined in Section 19.04.040 of
this Ordinance shall be as defined in ORS
Chapter 446 or Oregon Administrative Rules
Chapter 814, Division 23, as amended
B. Manufactured Home Classes. For
purposes of these regulations, manufactured
homes are divided into the following types:
a. A Class A manufactured home shall:
1. Have more than one thousand (1,000)
square feet of occupied space in a double -
section or larger multi -section unit;
2. Be placed on a permanent foundation
105 -X1226
as specified in Section 19.88.280(C)(b);
3. Have wheels, axles and hitch mechan-
isms removed;
4. Have utilities connected in accordance
with Oregon Departmentof Commercerequire-
ments and manufacturer's specifications;
5. Bear an insignia of compliance with
the Manufactured Housing Construction and
Safety Standards Code and be either:
i. A new, not previously occupied unit;
or
ii. A unit which is found, upon inspection,
to be in good condition and free of structural,
electrical, mechanical and plumbing defects,
any of which must be corrected prior to
placement.
6. Have shake, shingle, composition or
tile roofing materials similar in appearance to
the most predominant type in the area. The
roof pitch shall be a minimum of 3/12;
7. Siding materials and trim shall be simi-
lar in appearance or complementary to other
homes in the area including the type, color and
horizontal or vertical placement of materials;
8. If a garage or carport will be provided,
it shall be of like materials and color to the
dwelling;
9. The location and design of porches,
patios, driveways, walkways and landscaping
shall be reflective of and complementary to
the features of homes in the area;
10. If new and previously unoccupied,
shall be certified to meet energy efficiency per-
formance standards equivalent to energy effi-
ciency standards required of homes conforming
to the Uniform Building Code.
b. A Class B manufactured home shall:
1. Have more than seven hundred fifty
(750) square feet of occupied space in a single,
double, expando or multi -section unit (includ-
ing those with add -a -room units);
2. Be placed onto a permanent founda-
tion as required in Section 19.88.280(C)(b) of
this Ordinance;
3. Have wheels, axles and hitch mechan-
isms removed;
4. Have utilities connected in accordance
with manufacturer's specifications and Oregon
Department of Commerce requirements;
5. Bear an insignia of compliance with
the Manufactured Housing Construction and
Safety Standard Code as of June 15, 1976;
6. Have composition, shake, shingle or
tile roofing materials and a minimum pitch of
2/12;
7. Have non -reflective siding materials
and trim typical of new conventional built
homes within the community;
8. Have a carport or garage of like mate-
rials and color;
9. Be in good repair and free of struc-
tural, electrical, mechanical and plumbing
defects, any of which must be corrected prior to
placement.
C. A Class C manufactured home shall:
1. Have more than three hundred and
twenty (320) square feet of occupied space in
a single, double, expando or multi -section unit
(including those with add -a -room units);
2. Be placed onto a support system in
accordance with approved installationstandards
as specified in Section 19.88.280(C)(b);
3. Be enclosed with foundation siding/
skirting in accordance with approved installa-
tion standards as specified in Section
19.88.280(C)(b);
4. Have utilities connected in accordance
with manufacturer's specifications and Oregon
Department of Commerce requirements;
5. Bear an insignia of compliance with
the Manufactured Housing Construction and
Safety Standards Code as of June 15, 1976;
6. Be in good repair and free of struc-
tural, electrical, mechanical and plumbing
defects, any of which must be corrected prior to
placement.
d. A Class D manufactured home is any
manufactured home built prior to June 15,
1976, and under ORS Chapter 481 is not
defined as a recreation vehicle. For purposes
of determining appropriateness for placement,
Class D manufactured homes shall:
:105 - 0227
1. Have more than three hundred and
twenty (320) square feet of occupied space;
2. Be placed onto a support system in
accordance with approved installation stan-
dards as specified in Section 19.88.280(C)(b);
3. Be enclosed with foundation siding/
skirting in accordance with approved installa-
tion standards as specified in Section
19.88.280(C)(b);
4. Have utilities connected in accordance
with manufacturer's specifications and Oregon
Department of Commerce requirements;
5. Be in good repair and free of struc-
tural, electrical, mechanical and plumbing
defects, any of which must be corrected prior to
placement.
C. Manufactured Home Placement Stan-
dards. All manufactured homes placed within
the Bend Urban Area after the effective date
of this Ordinance shall comply with the follow-
ing:
a. As defined in Section 19.88.280(B),
each manufactured home shall be classified as
Class A, B, C or D, and shall be permitted
within the following areas:
1. Class A - Permitted in manufactured
home subdivisions in the RS zone and in
manufactured home parks, and as replace-
ments to existing nonconforming manufactured
homes.
2. Class B - Permitted in manufactured
home subdivisions approved as a conditional
use in the RS zone and manufactured home
parks, also permitted as replacements for exist-
ing nonconforming manufactured homes which
would be classified as Class B, C or D.
3. Class C - Permitted in all manufac-
tured home parks. Also allowed as replace-
ments for existing nonconforming manufac-
tured homes in a manufactured home subdivi-
sion or park for units which would be classified
as Class C or D and as replacements to any
other Class D unit.
4. Class D - Permitted only in manufac-
tured home parks.
b. Foundations/Skirting Support Systems.
1. All load bearing foundations, supports
and enclosuresshall be installed in conformance
with Oregon Department of Commerce regula-
tions and with the manufacturer's installation
specifications (reference OAR Chapter 814,
Division 23). Where required, all perimeter
foundations shall be constructed in accordance
with the "Oregon State Structural Specialty
Code."
2. All Class A and Class B manufactured
homes outside of manufactured home parks
shall be set onto an excavated area with peri-
meter foundation, and the excavated area shall
be backfilled.
3. Class A and B manufactured homes
located in manufactured home parks and Class
C and D manufactured homes must have
perimeter foundations as specified above or be
installed with an approved foundation siding/
skirting enclosing the entire perimeter of the
home. Foundation siding/skirting and backup
framingshall be weather-resistent, non-combus-
tible or self -extinguishing materialswhich blend
with the exterior siding of the home. Materials
below -grade level and for a minimum distance
of six (6) inches above finish grade shall be
resistant to decay or oxidation. The siding shall
be installed in accordance with manufacturer's
recommendation or approved equal standards.
C. Except for a structure which conforms
to the state definition of a manufactured home
accessory structure, no other extension shall be
attached to a manufactured home, except a
garage or carport constructed to the Oregon
State Structural Specialty Code.
d. All manufactured home lots and
spaces shall be provided with storm drainage,
sanitary sewer, electric, telephone and potable
water utility services with easements dedicated
where necessary to provide such services. All
such utilities shall be located underground
unless waived by the Planning Director where
undergroundservice would require an exception
to local prevalent conditions.
e. Manufacturedhomes shall not be used
for living purposes unless connected to local
water, sewers and electrical systems.
M.
JOE - 0228
D. Manufactured Home Subdivisions.
a. Minimum Area Required. A manufac-
tured home subdivision shall consist of a mini-
mum area of five acres. Manufactured home
subdivisions for Class B manufactured homes
or manufactured home subdivisions or expan-
sions thereof less than five acres in size may
be considered by conditional use permit appli-
cation.
b. Lot Size and Dimension Requirements.
The minimum lot area and dimensions within a
manufactured home subdivision shall be the
same as that allowed within the zone.
C. Permitted Uses. Manufactured home
subdivisions may contain manufactured homes
and related accessory structures.
d. Setbacks. Setbacks for manufactured
homes, modular homes and accessory struc-
tures shall be the same as provided in the zone,
except that no manufactured home shall be
located within 15 feet of another manufactured
home.
E. Manufactured Home Parks.
a. Minimum Area Required. All manu-
factured home parks shall consist of a minimum
area of five acres.
b. Density. The maximum number of
manufactured homes allowed within a manu-
factured home park shall not exceed 10 units
per acre. The average area of a manufactured
home site shall not be less than 4,000 square
feet, excluding roadway, recreation areas and
other accessory facilities. No manufactured
home site shall be less than 2,000 square feet
in area.
C. Access. Manufactured home park
accesses shall be located on public streets
improved to a minimum width of 36 feet and
which are improved to a point intersecting a
collector or arterial street.
d. Permitted Use. Manufactured home
parks may contain manufactured homes and
accessory structures permitted in Chapter
19.96, community laundry and recreation facili-
ties and other common buildings for use by
park residents only, and one residence which
may be other than a manufactured home for
105" - 0229
the use of a caretaker or a manager responsible
for maintaining or operating the property.
e. Minimum Site Requirements.
1. Park Streets. The minimum surfaced
width of the roadway within an accessway shall
be 24 feet if there is no parking allowed and 30
feet if parking is allowed on both sides. The
first SO feet of the accessway, measured from
the public street, shall be surfaced to a mini-
mum width of 30 feet and shall be connected
to the existing public street according to plans
approved by the County Public Works Depart-
ment.
2. Improvement Standards. The
improvement of driveways, walkways, streets,
drainage and other utilities shall conform to
adopted state standards for such or shall
conform to the County's standard specifications
manual, whichever is more restrictive. (Ord.
88-042 § 36, 1988)
Chapter 19.92
INTERPRETATIONS AND
EXCEPTIONS
Sections:
19.92.010 General Exceptions to Lot
Size Requirements
19.92.020 AccessoryUses and Structures
19.92.030 Exception to Height
Regulations
19.92.040 Establishmenland Measureof
Clear Vision Areas
19.92.050 Exceptions to Yard
Requirements
19.92.060 Authorization for Similar
Uses
19.92.070 Existing Uses
19.92.080
Pending Building Permits
19.92.090
River Setback
19.92.100
19.92.110
Solar Height Restrictions
19.92.120
Conservation Easements on
Property Adjacent to Rivers
and Streams; Prohibitions
19.92.130 Fill and Removal Exceptions
19.92.010 General Exceptions to Lot
Size Requirements.
If at the time of passage of this Ordinance,
or annexation to the city, a lot or the aggregate
of continuous lots or land parcels held in a
single ownership has an area of dimension less
than required for the zone in which the prop-
erty is located, the lot or aggregate holdings
may be occupied by any permitted use in the
zone subject to compliance with all other
requirements of the zone provided, however,
the use of a lot in an R zone which has an
area deficiency shall be limited to a single-
family dwelling.
A. Any parcel of land or portion thereof
which is to be dedicated to a public or other
entity for a road, canal, railroad, utility or other
105_ - 0230
public use shall be exempt from the minimum
lot size requirements set forth by this Ordi-
nance.
B. Whereas land sections in the county
are affected by survey adjustments, minimum
requirements relative to lot size, where appli-
cable, shall be considered a standard metes and
bounds land section division, i.e., 160 acres, 80
acres, 40 acres, 20 acres, etc.; lot sizes, there-
fore, may be reasonably smaller than set forth
by this Ordinance if a total section acreage
reduction is due to a survey adjustment or
other man-made barriers over which the appli-
cant has had no control.
C. Any lot or parcel which is smaller than
the minimum area required in any zone may be
occupied by an allowed use in that zone pro-
vided that:
a. The lot or parcel is a lot of record, as
defined in Section 19.04.040 of this Ordinance.
b. The use conforms to all other require-
ments of that zone.
C. If there is an area deficiency, residen-
tial use shall be limited to a single dwelling
unit.
d. All necessary permits are obtained.
19.92.020 Accessory Uses and
Structures.
A. A greenhouse or hothouse may be
maintained accessory to a dwelling provided
there are no sales.
B. A guest house may be maintained
accessory to a dwelling provided there are no
cooking facilities.
C. An accessory building shall not be
located within 10 feet of a principal dwelling
existing or under construction on the same lot.
D. Site -obscuring fences may be located
in a required front yard or in a vision clearance
area provided that they shall not exceed 2 1/2
feet in height measured from the top of the
curb.
E. Solar panels, collectors or other similar
solar devices may be maintained as accessory
structures. (Ord. 88-042 § 38, 1988)
19.92.030 Exception to Height
Regulations.
Height limitations set forth elsewhere in this
Ordinance shall not apply to barns, silos, water
towers and tanks or other farm buildings and
structures, provided they are not less than 50
feet from every lot line; chimneys, church
spires, belfries, cupolas, domes, smokestacks,
flagpoles, grain elevators, cooling towers, fire
hose towers, masts, aerials, elevator shafts and
other similar projections and outdoor theater
screens, provided said screens contain no adver-
tising matter other than the name of the
theater. This exception does not apply to the
solar access provisions of Sections 19.88.210 and
19.88.220. (Ord. 83-041 § 19, 1983)
19.92.040 Establishmentand Measure
of Clear Vision Areas.
In all zones, on all corners adjacent to the
intersection of two streets, an alley and a
street or of a street and railroad, within a
triangle formed by the street lines of such
building site (ignoring any corner radius)
and a line drawn between points on such
street lines at designateddistances from the
intersectionthereof, there shall be no fence,
wall, hedge, building or any other obstruc-
tion to vision other than a post column or
tree trunk (clear of branches or foliage)
between a height of two 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. A
clear vision area shall consist of a triangu-
lar area two sides of which are lot lines
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 intersection
and so measured, and the third side of
which is a line across the corner of the lot
joining the non -intersection ends of the
DR
x.05' - 0231
other two sides. The following measure-
ments shall establish clear vision areas
within the urban area.
A. In all commercial and industrial
zones except the CB zone, the minimum
distance shall be 15 feet. However, at the
intersection of an alley and a street, the
distance shall be 10 feet.
B. In all residential zones, the
minimum distance shall be in relationship
to street and road right-of-way widths as
follows, except at intersections of an alley
and a street in a residential zone, the mini-
mum distance shall be 15 feet.
R.O.W. Width Clear Vision Measurement
80 feet and more 20 feet
60 feet 30 feet
50 feet 40 feet
19.92.050 Exceptions to Yard
Requirements.
A. Projections into Required Yards.
Certain architectural features may project into
required yards or courts as follows: Cornices,
canopies, eaves, belt courses, sills or other
similar architectural features, or fireplaces, but
these may not in any case extend more than 18
inches into any required yard area. Fire
escapes, open, uncovered porches, balconies,
landing places or outside stairways, may not in
any case extend more than 18 inches into any
required side or rear yards, and not exceeding
6 feet into any required front yard. This is not
to be construed as prohibiting open porches or
stoops not exceeding 18 inches in height and
not approaching closer than 18 inches to any
lot line.
B. Exceptions to Front Yard Require-
ments. If there are dwellings on both abutting
lots with front yards less than required depth
for the zone, the front yard for the lot need
not exceed the average front yard of the abut-
ting dwellings. If there is a dwelling on one
abutting lot with a front yard of less than the
required depth for the zone, the front yard
need not exceed a depth of one-half way
between the depth of the front yard on the
abutting lot and the required front yard depth.
C. Residential Use in Commercial or
Industrial Zones. Structures in any C or I zone
which contain dwelling units not on the ground
floor need not comply with residential zone
yard requirements provided such structures
comply with other applicable codes or
regulations as may exist concerning the health
and safety aspects of the dwelling units.
19.92.060 Authorization For Similar
Uses.
The Planning Commission may rule that a use
not specifically named in the permitted or
conditional uses of this Ordinance shall be
included among the permitted outright or
conditional uses if the use is of the same
general type and is similar to the permitted or
conditional uses of that zone.
19.92.070 Existing Uses.
Except as hereinafter specified, any use,
building or structure lawfully existing at the
time of the enactment of this Ordinance may
be continued even though such use, building or
structure may not conform to the provisions of
this Ordinance for the zone in which it is
located provided, however, that this section
does not apply to any use, building or structure
established in violation of any zoning ordinance
previously in effect.
19.92.080 Pending Building Permits.
Nothing herein shall require any change in
the location, plans, construction, size or desig-
nated use of any development, building, struc-
ture or part thereof for which the required
official approval and building permit have been
granted prior to the adoption of this Ordinance.
Unless construction on such building or struc-
ture begins within 120 days after the adoption
of this Ordinance, no such existing permit shall
be deemed to allow any building or use which
,T
1045 - 02:32
would not conform to the requirements of this
Ordinance.
19.92.090 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 built-up part of
the urban area:
a. In residential zones where a single-
family dwelling, 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
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.
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 Section
19.96.090(A) of this section as a guideline.
B. In the undeveloped section of the
urban area, any new development proposed
within 100 feet of the river's edge shall first be
through a conditional use procedure as set
forth in Chapter 19.100.
19.92.100
All sections of this Ordinance which have any
bearing on the conditionswhich should apply to
an application or an action which is being
reviewed or considered under this Ordinance
shall be applied to the conditions and approval
process for the application or action.
19.92.110 Solar Height Restrictions.
No building, structure or non-exempt vegeta-
tion may exceed the solar height restriction
established on a burdened property by the solar
access of a benefitted property. (Ord. 83-041
§ 21, 1983)
19.92.120 Conservation Easements on
Property Adjacent to Rivers
and Streams; Prohibitions.
A. As a condition of approval of all land
use actions involving property adjacent to the
Deschutes River and Tumalo Creek, the prop-
erty owner shall convey to the County a
conservation easement as defined in Section
19.04.040 of this Ordinance, affecting all prop-
erty on the subject lot which is within 10 feet
of the mean high-water mark of the Deschutes
River or Tumalo Creek.
B. The form of the conservation ease-
ment shall be as prescribed by the County and
may contain such conditions as the County
deems necessary to carry out the purposes
described in Section 19.04.040 of this Ordi-
nance.
C. Any public access required as part of
a conservationeasement shall be subject to the
following conditions and limitations:
a. Public access shall be limited to foot
traffic for recreational purposes and the putting
in or taking out of boats.
b. Unless otherwise permitted by the
affected property owner, public access does not
allow public passage through other private
property to gain access to the property subject
to the conservation easement.
C. Unless otherwise permitted by state
law, county ordinance or the property owner,
no person on the subject property as a result of
a public access requirement of a conservation
easement shall deposit solid waste, damage or
remove any property (including wildlife and
vegetation) maintain or ignite fires or fireworks,
discharge firearms or camp. (Ord. 86-055 § 2,
1986)
0233
19.92.130 Fill and RemovalExceptions.
A. The following fill and removal activities
are permitted outright if the material to be
filled or removed will not exceed 50 cubic yards
in volume:
a. Removal of vegetation for the purpose
of:
1. Removal of diseased or insect -infested
trees or shrubs, or rotten or damaged trees that
present safety hazards.
2. Normal maintenance and pruning of
trees and shrubs.
B. The following fill and removal activities
may be authorized by the Planning Director
upon a finding that no adverse impacts will
occur to the water resources of Deschutes
County:
a. Minor fill or removal required for
vegetative enhancement, including excavation
and preparation of the ground for planting
additional vegetation.
b. Fill or removal for maintenance and
repair of existing bridges, dams, irrigation
facilities and similar public and semi-public
facilities, provided such fill and removal does
not alter the existing characteristics of the
stream, river or wetland.
C. Fill or removal for maintenance and
repair of nonconforming structures or boat
docks. (Ord. 86-058 § 3, 1986)
Chapter 19.96
NONCONFORMING USES
Sections:
19.96.010 Verification of
NonconformingUse
19.96.020 Maintenance of
NonconformingUses
19.96.030 Restoration or Replacement
of NonconformingUses
19.96.040 Alterationof a Nonconforming
Use
Except as otherwise provided in this Ordi-
nance, the lawful use of a building, structure
or land existing on the effective date of this
Ordinance, or any amendment thereto, may be
continued although such use does not conform
with this Ordinance. Such nonconforming use
may be altered, restored or replaced in accor-
dance with this section. No nonconforming
use may be resumed after a period of interrup-
tion or abandonment unless the resumed use
conforms with the provisions of this Ordinance
in effect at the time of the proposed resump-
tion.
19.96.010 Verificationof Nonconforming
Use.
Verification of the existence of a non-
conforming use shall be required prior to or
concurrently with any application to alter or
restore the use. The burden shall be upon the
applicant for alteration or restoration of a
nonconforming use to demonstrate its lawful
existence. The applicant shall demonstrate all
of the following:
A. The nonconforming use was lawful on
the effective date of the provisions of this Ordi-
nance prohibiting the use.
B. The nonconforming use was actually
in existence on the effective date of the provi-
sions of this Ordinance prohibiting its use, or
105 - 0234
had proceeded so far toward completion that
a right to complete and maintain the use would
be deemed to have vested.
C. The nonconforming use has existed
continuously, or if it has not existed continu-
ously, has not been abandoned, or has not been
interrupted for a period in excess of one (1)
year.
The decision verifying the nonconforming
use shall be made by the Planning Director and
shall be appealable pursuant to the provisions
of the County land use procedures ordinance.
19.96.020 Maintenance of
NonconformingUse.
Normal maintenance of a verified noncon-
forming use shall be permitted provided that no
alterations in the use or structure are made
which change the size or outward appearance
of the nonconforming use.
19.96.030 Restoration or Replacement
of NonconformingUse.
A verified nonconforming use may be
restored or replaced if all of the following
criteria are met:
A- The nonconforming use has been
damaged or destroyed by fire or other casualty
or natural disaster.
B. The nonconforming use is restored or
replaced on the same location as it existed
prior to damage or destruction.
C. The restoration or replacement of the
nonconforming use is commenced within one
(1) year of the damage or destruction.
19.96.040 Alteration of a
NonconformingUse.
A. The alteration of a nonconforming
use shall be permitted when necessary to
comply with any lawful requirement.
B. In all cases other than that described
in paragraph (A) above, alteration of a noncon-
forming use or structure or physical improve-
ments shall be permitted when all of the
following criteria are met:
105 - 0235
a. The alteration in is necessary to rea-
sonably continue the nonconforming use.
b. The alteration will have no increased
adverse impact upon the neighborhood.
C. Any alteration to a nonconforming
use permitted under this section also shall be
subject to all applicable provisions of this Ordi-
nance, including site plan review under Chapter
19.76. (Ord. 88-042 § 39, 1988)
Chapter 19.100
CONDITIONAL USE PERMITS
Sections:
19.100.010 Purpose
19.100.020
19.100.030 General Conditional Use
Criteria
19.100.040 Application
19.100.050 Review of Application
19.100.060 Action on an Application
19.100.070 Special Requirements
19.100.080 Hydroelectric Facilities
19.100.010 Purpose.
In certain zones, conditional uses may be
permitted subject to the granting of a condi-
tional use permit. Because of their unusual
characteristics or the special characteristics of
the area in which they are to be located, con-
ditional uses require special consideration so
that they may be properly located with respect
to the objectives of this Ordinance and the
effect of the conditional use on surrounding
properties.
19.100.020
The Planning Director or Hearings Body shall
have the authority to approve, approve with
conditions, disapprove or revoke conditional
use permits subject to the provisions of this
section.
19.100.030 General Conditional Use
Criteria.
A conditional use permit may be granted only
upon findings by the Planning Director or
Hearings Body that the proposal meets all of
the criteria in this section, as well as all other
applicable criteria contained in this Ordinance.
The general criteria are:
A. That the location, size, design and
operating characteristics of the proposed use
are such that it will have minimal adverse
K1,
105 - 0236
impact on the property value, livability and
permissible development of the surrounding
area. Consideration shall be given to compati-
bility in terms of scale, coverage and density
with the alteration of traffic patterns and the
capacity of surroundingstreets and to any other
relevant impact of the proposed use.
B. That the site planning of the proposed
use will, as far as reasonably possible, provide
an aesthetically pleasing and functional envi-
ronment to the highest degree consistent with
the nature of the use and the given setting.
C. That if the use is permitted outright in
another zone, there is substantial reason for
locating the use in an area where it is only
conditionally allowed, as opposed to an area
where it is permitted outright.
D. That the proposed use will be consis-
tent with the purposes of this Ordinance, the
Comprehensive Plan, Statewide Goals and any
other applicable statutes, ordinances or
policies.
19.100.040 Application.
A request for a conditional use may be initi-
ated by a property owner or his authorized
agent by filing an application with the Planning
Director. The application shall be accom-
panied by a site plan, drawn to scale, showing
the dimensions and arrangement of the pro-
posed development. The Planning Director or
Hearings Body may request other drawings or
material essential to an understanding of the
proposed use and its relationship to the sur-
rounding properties.
19.100.050 Review of Application.
Before a conditional use is permitted, the
conditional use shall be reviewed as a land use
permit consistent with the procedures estab-
lished by the County land use procedures
ordinance.
19.100.060 Action on an Application.
The Planning Director or Hearings Body may
approve, approve with conditions or disapprove
the application for a conditional use permit
subject to the land use procedures ordinance.
In permitting a conditional use, the Planning
Director or Hearings Body may impose, in addi-
tion to regulations and standards expressly
specified in this Ordinance, other conditions
found necessary to protect the best interests of
the surrounding property or neighborhood or
the urban area as a whole. Any future enlarge-
ment or alteration of the use shall be reviewed
by the County and new conditions may be
imposed.
A. In order to grant any conditional use,
the Planning Director or Hearings Body must
find that the establishment, maintenance or
operation of the use applied for will not, under
the circumstances of the particular case, be
detrimental to the health, safety or general
welfare of persons residing or working in the
neighborhood of such proposed use, or be
detrimental or injurious to the property and
improvements in the neighborhood or to the
general welfare of the urban area.
B. A conditional use permit shall become
void one year after approval, or after such
greater or lesser time as may be specified as a
condition of approval, unless within that time
the required building construction, alteration or
enlargement has been commenced and dili-
gently pursued or, if no such construction,
alteration or enlargementis required, unless the
permitted activity is being regularly conducted
in the premises. Upon request, the Planning
Director or Hearings Body may extend the
permit for a period of one year.
19.100.070 Special Requirements.
The request for a building to exceed 45 feet
in height shall be considered in light of the
Fire Department's fire fighting apparatus and
the location of that apparatus. The community
should have adequate apparatus before taller
structures are allowed. (Ord. 88-042 § 40,
1988)
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10: - 0237
19.100.080 Hydroelectric
Facilities.
A. In addition to the general conditional
use permit criteria set forth in subsection (3) of
this section, the criteria set forth below shall
apply to any construction or expansion of, or
other modification to, hydroelectric facilities in
zones where such facilities are permitted as a
conditional use. A conditional use permit may
be granted for the constructionor expansion of,
or other modification to, a hydroelectric facility
only upon findings by the Hearings Body that
the proposal meets each of the following
criteria, where applicable:
a. The facility is located at and physically
connected to an existing man-made diversion or
impoundment.
b. The facility will not increase the maxi-
mum surface area or capacity of the impound-
ment created by the existing dam or diversion
to which the facility will be connected.
C. The facility will maintain or enhance,
to the greatest extent possible, the existing
scenic visual, environmental and aesthetic
qualities of the affected stretch of the river.
d. The facility will maintain or enhance
the existing recreationalopportunitieson or ad-
jacent to the affected stretch of the river.
e. The facility will maintain or enhance
existing fish and wildlife habitat, and will have
no adverse impact upon any threatened or en-
dangered fish, wildlife or plant species or their
habitat.
f. The facility and its operation will
maintain or enhance existing water quality in
the affected stretch of the river, except during
construction of the facility when adverse im-
pacts on water quality will be minimized.
Specifically, the facility and its operation will
not:
1. deposit, or create a zone for the de-
posit of, sediments in the river at or adjacent
to the site;
2. increase the temperature of the river
in the affected stretch by any means, including
but not limited to removal of vegetation or
reduction in streamflow; or
3. create the potential for, or result in
spillage, leakage or discharge of oil, chemicals
or other substances or waste products which
could reach the river.
g. The facility and its operation will not
increase soil or bank erosion or destroy bank
habitat at or on land adjacent to the site,
except during constructionof the facility during
which time soil or bank erosion and destruction
of bank habitat will be minimized.
h. The facility and its operationwill main-
tain existing public access to the affected
stretch of the river.
i. The facility will not be located at or
immediately adjacent to any identified archaeo-
logical or historical site, national or state park,
wildlife refuge, Bureau of Land Management
Outstanding Natural Area or Area of Critical
Environmental Concern, Federal Research
Natural Area or U.S. Forest Service Special
Interest Area.
j. The facility and its operation will
comply with all applicable noise, water quality
and pollution regulations of the Oregon
Department of Environmental Quality.
L The facility and its operation will
comply with all applicable state and local fill -
and -removal statutes and regulations.
B. The applicant for a conditional use
permit for a hydroelectricfacility, in addition to
all other requirements, shall submit the follow-
ing for approval:
a. Detailed construction plans and
profiles of all facility features, including building
elevations of the powerhouse and other struc-
tures, excavation plans and narrative as to
where blasting will occur and where excess
material will be deposited, and landscaping and
reclamation plans.
b. Detailed plans for meeting the criteria
set forth in subsection (7) above.
C. Detailed plans for river enhancement
documenting both on-site and off-site enhance-
ment plans consistentwith adopted river -related
goals and policies, such as plans and methods
for conserving water and enhancing stream -
flows. The plan shall identify costs, time
92
105- - 0233
schedules and coordination activities with
affected persons and agencies for such enhance-
ment plans.
d. A cash deposit, performance bond or
other security acceptable to Deschutes County,
in an amount equal to 100 percent of the esti-
mated cost of river enhancement.
e. Detailed plans for a water conservation
and stream enhancementprogram to be funded
by a portion of revenues generated by the
operation of the proposed facility. The pro-
gram plans shall contain the following:
1. A program timetable;
2. Projected gross revenues from the
proposed facility;
3. Projected program expenditures and
the percentage of gross revenues they repre-
sent;
4. Projected water savings and the per-
centage of known current water losses they
represent;
5. A declaration by the applicant that at
least fifty percent of the conserved water will
remain undiverted by the applicant;
6. A declaration by the applicant that
water diversion for power generation will not
cause water flow in the affected stretch of the
river (from the diversion to the tailrace exit) to
fall below the minimum streamflow for that
stretch as recommendedby the Oregon Depart-
ment of Fish and Wildlife; and
7. A declaration by the applicant that it
will enter into an agreement with Deschutes
County prior to beginning construction of the
facility by which the applicant agrees to fulfill
all of the requirements in paragraphs (1)
through (6) of this subsection.
(Ord. 86-017 § 16, 1986)
Chapter 19.104
PLANNED UNIT DEVELOPMENT
APPROVAL
Sections:
19.104.010 Purpose
19.104.020 Hearings Body Approval
Required
19.104.030 Application
19.104.040 Minimum Size for Planned
Unit Developments
19.104.050 Limitation on Application
19.104.060 Plan Required
19.104.070 Standards for Approval
19.104.080 Standards and Requirements
19.104.090 Hearings Body Action
19.104.100 Violation of Conditions
19.104.010 Purpose.
The purpose of planned unit development
approval is to allow and to make possible
greater variety and diversification in the rela-
tionships between buildings and open spaces in
planned building groups, while ensuring com-
pliance with the purposes and objectives of the
various zoning regulations and the intent and
purpose of this Ordinance.
19.104.020 Hearings Body Approval
Required.
Where use is made of the planned unit devel-
opment process as provided in this section, no
building or other permit shall be issued for such
development or part thereof until the Hearings
Body or Planning Director has approved said
development.
19.104.030 Application.
The owner or authorized agent may file an
application for planned unit development
approval with the Hearings Body or Planning
Director. The application shall be accompan-
ied by a filing fee in an amount established by
the County Commission.
lox
I
05 - 0239
19.104.040 Minimum Size for Planned
Unit Developments.
No application shall be accepted for an area
of less than 10 acres in any R zone, or for an
area of less than 4 acres in any other zone.
19.104.050 Limitation on Application.
No application shall be accepted for a use
which will require a change of zone unless
accompanied by an application for a zoning
amendment as set forth in Chapter 19.116.
19.104.060 Plan Required.
All applications shall be accompanied by a
general development plan drawn to scale show-
ing the use or uses, dimensions and locations of
proposed structures and of areas to be reserved
for vehicular and pedestrian circulation, park-
ing, public uses, landscaping and other open
spaces and drawings and sketches demonstrating
the design and character of the proposed uses
and the physical relationships of the uses. Such
other pertinent information shall be included as
may be considered necessary by the Hearings
Body or Planning Director to make a deter-
mination that the contemplated arrangement
or use makes it necessary and desireable to
apply regulations and requirements differing
from those ordinarily applicable under this
Ordinance and the Subdivision Ordinance.
19.104.070 Standards for Approval.
In granting approval for planned unit devel-
opment, the Hearings Body or Planning Direc-
tor shall be guided by the following:
A. Whether applicant has, through inves-
tigation, planning and programming, demon-
strated the soundness of the proposal and an
ability to carry out the project as proposed, and
whether the construction shall begin within six
months of the conclusion of any necessary
action by the County, or within such longer
period of time as may be established by the
Hearings Body or Planning Director.
B. Whether the proposal conforms with
the general plans of the County in terms of
location and general development standards.
C. Whether the project will accrue bene-
fits to the County and the general public in
terms of need, convenience, service and ap-
pearance sufficient to justify any necessary
exceptions to the regulations of the Zoning and
Subdivision Ordinance.
D. Whether the project will satisfactorily
take care of the traffic it generates by means of
adequate off-street parking, access points,
additional street right-of-wayand improvements
and any other traffic facilities required.
E. Whether the project will be compatible
with adjacent developments and will not
adversely affect the character of the area.
F. Whether the project will satisfactorily
take care of sewer and water needs consistent
with the Bend Urban Area General Plan.
G. A planned unit development shall not
be approved in any R zone if the housing
density of the proposed developmentwill result
in an intensity of land use greater than per-
mitted by the Comprehensive Plan.
19.104.080 Standards and Requirements.
Approval of a request for a planned unit
development is dependent upon the submission
of an acceptable plan and satisfactoryassurance
that it will be carried out. The following mini-
mum standards and requirements shall apply:
A. A dwelling use permitted in any zone
may be permitted in a planned unit develop-
ment.
B. A manufactured home may be per-
mitted in a planned unit development. How-
ever, manufactured home parks shall not be
allowed in any commercial or industrial zone.
C. Developments which either provide
for or contemplate private streets and ways and
common areas which will be or are proposed
to be maintained by the owners of units or lots
within a development must organize and main-
tain an owners' association. The owners'
association shall consist of all the owners of
units or lots within the development and
94
10 E - 0240
membership in the association must be required
of all owners; adopt and record bylaws as
provided by ORS 91.555; adopt bylaws that
contain the provisions required by ORS 91.560;
and have the power to create a lien upon the
unit or lot for services, labor or material law-
fully chargeable as common expenses as
provided in ORS 91.580. The association's
power to create such a lien shall exist whether
or not the property is subject to the Oregon
Unit Ownership Law (ORS 91.505 - 91.675.)
D. If the property is not subject to the
Unit Ownership Law, the association shall also
create, by contract, the right to claim a lien
upon any unit or lot for services, labor or
material chargeable as common expenses. This
lien may be created by covenants between the
association and the property owners and shall
supplement the lien created by (C) above and
require all owners of units or lots within the
development to consent to and pay the reason-
able value of services, labor or material
expended by the County for common expenses
where such County expenditures are made
because the owners or the owners' association
does not provide the necessary services, labor
or material for common expenses.
E. Streets and roads in planned unit
development designateddevelopments shall be
public roads and ways developed to County
standards or be private roads of a minimum 14
feet wide paved surface for one-way traffic,
minimum 20 feet wide paved surface for two-
way traffic, and parallel parking as permitted
shall require minimum additional 8 feet of
width for each side of parking. In addition to
these requirements, the Planning Director or
Hearings Body may specify other requirements
including, but not limited to, increased or
decreased pavement width.
F. Pedestrian walkways shall be provided
for adequate pedestrian and bicycle traffic and
shall be constructed with Portland cement or
asphaltic concrete to County standards, except
as varied by the provisions of this section or by
the Planning Director or Hearings Body.
G. All utility facilities shall be installed
underground and in accordance with County
standards.
H. The design of all planned unit develop-
ment projects shall provide direct access for all
units and lots to open space areas and facilities.
I. A statementmust be submitted relative
to the solar access to be provided by the
planned unit development.
19.104.090 Hearings Body Action.
In taking action, the Planning Director or
Hearings Body may approve, approve with
conditions or deny an application as submitted.
Any planned unit development as authorized
shall be subject to all conditions imposed and
shall be excepted from other provisions of this
Ordinance only to the extent specified in said
authorization. Any approval of a planned unit
development granted hereunder shall lapse and
become void unless within 12 months after the
final granting of approval or within such other
period of time as may be stipulated by the
Hearings Body or Planning Director as a condi-
tion of such approval, construction of the
buildings or structure involved in the develop-
ment has begun and been diligently pursued
The Planning Director or Hearings Body may
further impose other conditions limiting the
time within which the development of portions
thereof must be completed. The decision of
the Planning Director or Hearings Body shall
be final unless appealed in accordancewith the
procedures set forth in the land use procedures
ordinance.
19.104.100 Violation of Conditions.
The Planning Director or Hearings Body on
its own motion may revoke any planned unit
development approval for non-compliancewith
the conditions set forth in the order granting
the said approval, after first holding a public
hearing and giving notice of such hearing as
provided in the land use procedures ordinance.
The foregoing shall not be the exclusive
remedy, and it shall be unlawful and an offense
punishable hereunder for any person to con -
95
105 --0241
struct any improvement in violation of any
condition imposed by the order granting the
planned unit development approval.
(Ord. 88-042 § 41, 1988)
Chapter 19.108
VARIANCES
Sections:
19.108.010 Authorization to Grant or
Deny Variances
19.108.020 Criteria
19.108.030 Authorization to Grant or
Deny Variances to On -Site
Requirements
19.108.040 Criteria for Variances
Granted Under Section
19.108.030
19.108.050 Application for a Variance
19.108.010 Authorization to Grant or
Deny Variances.
Except as provided in Section 19.108.030, the
Planning Director or Hearings Body may
authorize variances from the standards of this
Ordinance where it can be shown that, owing
to special and unusual circumstances related to
a specific piece of property, the literal inter-
pretation 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 zone or to alter any procedural
requirements of this Ordinance. In granting a
variance, the Planning Director or Hearings
Body may attach conditions necessaryto protect
the best interest of the surrounding property or
neighborhood and to otherwise achieve the
purposes of this Ordinance.
19.108.020 Criteria.
No variance shall be granted pursuant to the
provisions of Section 19.108.010 unless the
applicant can establish:
A. That special conditions exist which are
peculiar to the land, structure or building
involved and which are not applicable to other
lands, buildings or structures in the same zone;
and
10 0242
B. That strict interpretation of the provi-
sions of this Ordinance would deprive the
applicant of rights commonly enjoyed by other
properties in the same zone under the terms of
this Ordinance; and
C. That the special conditions and circum-
stances do not result from the actions of the
applicant and such conditions and circumstan-
ces do not merely constitute pecuniary hardship
or inconvenience; and
D. That granting the variance will be in
harmony with the objectives of this Ordinance
and not injurious to the neighborhood or
otherwise detrimental to the public welfare.
19.108.030 Authorization to Grant or
Deny Variances to On -Site
Requirements.
The Planning Director or Hearings Body may
authorize a variance from the standards of this
Ordinance relating to on-site requirements (e.g.
yards, parking, etc.), provided that no variance
under this section shall be greater than 25% of
the setback, parking or other similar area
requirement from which the variance is sought.
19.108.040 Criteria for Variances
Granted Under Section
19.108.030.
A. In the case of a yard variance, the
applicant shall show the approval will result in:
a. More efficient use of the site; and
b. Preservation of natural features, where
appropriate; and
C. Adequate provision of light and privacy
to adjoining properties; and
d. Preservation of natural features of the
site (topography, vegetation and drainage)
which would be adversely affected by applica-
tion of required parking standards, where
appropriate.
19.108.050 Application for a Variance.
A property owner may initiate a request for
a variance by filing an application with the
Planning Director. The application shall be
105 - 0243
accompanied by a plan, drawn to a suitable
scale, showing the condition to be varied and
the dimensions and arrangement of the pro-
posed development. The application shall be
reviewed in the manner provided for in the
County's land use procedures ordinance. (Ord.
88-042 § 42, 1988)
115 - 0244
Chapter 19.112
REVOCATION OF PERMITS
OR VARIANCES
Section:
19.112.010 Revocation for Non -
Compliance With Conditions
19.112.020 Public Hearing
19.112.010 Revocation for Non -
Compliance With Conditions.
Any planned unit development permit, condi-
tional use permit or variance granted in accor-
dance with the terms of this Ordinance may be
revoked if any of the conditions or terms of
such permit or variance are violated, or if any
law or ordinance is violated in connection
therewith. If, after notice and hearing, a
planned unit developmentpermit is revoked for
a substantial violation of any of its conditions,
the Board of County Commissioners may
reconsider any zone change granted in connec-
tion with the planned unit development and
restore the zoning existing prior to the permit
notwithstanding improvements constructed
prior to such revocations, but any such pro-
posed change of zone shall follow the proce-
dures otherwise specified for zone changes
herein.
19.112.020 Public Hearing.
The Planning Director or Hearings Body shall
hold a public hearing on any proposed revo-
cation after giving written notice to the per-
mittee and to other owners of property as set
forth in the land use procedures ordinance.
The Planning Director or Hearings Body shall
render its decision within 45 days after the
conclusion of the hearing. If the permittee is
not satisfied with the action of the Commission,
the permittee may appeal the Planning Direc-
tor's or Hearings Body's decision to the Board
of County Commissioners in the manner pro-
vided in this section and the land use proce-
dures ordinance. (Ord. 88-042 § 43, 1988)
Chapter 19.116
AMENDMENTS, APPEALS
AND PROCEDURES
Section:
19.116.010 Application
19.116.020 Public Hearing on an
Amendment
19.116.030 Standards for Zone
Change
19.116.040 Action by County
Commissioners
19.116.050 Record of Amendments
19.116.060 Resolution of Intent to
Rezone
19.116.070 Appeals
19.116.080 Procedures
This Ordinance may be amended by changing
the boundaries of zones or by changing any
other provisions thereof, whenever the public
necessity and convenience and the general
welfare requires such amendment. Such a
change may be proposed by the County Com-
mission on its own motion, or by motion of the
Planning Commission or by petition as set forth
in ORS 254.310. Any proposed quasi-judicial
amendment or change shall first be submitted
to the Hearings Officer and the Hearings
Officer shall, within 40 days after a hearing,
recommend to the County Commissioners
approval, disapproval or modifications of the
proposed amendment. All legislative changes
shall be made to ORS 215.110 and 215.060.
19.116.010 Application.
An application for amendment by a property
owner or his authorized agent shall be filed
with the Planning Director. The application
shall be made on the forms provided by the
County.
105 - 0245
19.116.020 Public Hearing on an
Amendment.
Before taking final action on a proposed
amendment, the Hearings Officer shall hold a
public hearing thereon. The Hearings Officer
shall follow the procedures set forth in County
Procedural Ordinance No. 82-011 for map
changes. For amendments to the text, notice
of the time and place of the proposed amend-
ment shall be given by three publications in a
newspaper of general circulation in the County
not less than five days, nor more than ten days,
prior to the date of the hearing.
19.116.030 Standards for Zone Change.
The burden of proof is upon the one seeking
change. The degree of that burden increases
proportionately with the degree of impact of
the change which is sought. The applicant shall
in all cases establish:
A. That the change conforms with the
Comprehensive Plan. Specifically, the change
is consistent with the plan's intent to promote
an orderly pattern and sequence of growth.
B. That the change will not interfere with
existing development, development potential or
value of other land in the vicinity of the pro-
posed action.
C. That the change in classification for
the subject property is consistent with the
purpose and intent of the proposed zone
classification.
D. That the change will result in the
orderly and efficient extension or provision of
public services. Also, that the change is consis-
tent with the County's policy for provision of
public facilities.
E. That there is proof of a change of cir-
cumstance or a mistake in the original zoning.
(Ord. 88-042 § 44, 1988)
19.116.040 Action by the County
Commissioners.
The County Commissioners may, after a
public hearing by the appropriate lower body,
enact an ordinance granting the zone change or
amendment, or may, by motion, deny the
granting of the zone change or amendment.
19.116.050 Record of Amendments.
The signed copy of each amendment to the
text of this Ordinance, including the legal
description of all lands rezoned legislatively or
quasi judicially, shall be maintained on file in
the office of the County Clerk. A record of
such amendments shall be maintained in a
form convenient for the use of the public by
the Planning Director, including a map showing
the area and date of all amendments hereto.
The County Clerk shall keep the map of this
Ordinance as originally enacted. Every five
years after the enactment hereof, a map show-
ing the cumulative amendments hereto for that
period shall be filed with the County Clerk. In
case of inconsistencies, the controlling record
shall be first the original map filed with the
County Clerk, and its five-year updates, if any.
The Planning Director's map shall control as to
map amendments not shown on the original for
changes less than five years old.
19.116.060 Resolution of Intent to
Rezone.
If, from the facts presented and findings and
the report and recommendations of the
Hearings Officer, as required by this section,
the County Commission determines that the
public health, safety, welfare and convenience
will be best served by a proposed change of
zone, the County Commission may indicate its
general approval in principal of the proposed
rezoning by the adoption of a "resolution of
intent to rezone." This resolution shall include
any conditions, stipulations or limitations which
the County Commission may feel necessary to
require in the public interest as a prerequisite
to final action, including those provisions which
the County Commission may feel necessary to
prevent speculative holding of property after
rezoning. The fulfillment of all conditions,
stipulations and limitations contained in said
resolution, on the part of the applicant, shall
make such a resolution a binding commitment
10 E5 - 0246
on the County Commission. Such a resolution
shall not be used to justify spot zoning or
create unauthorized zoning categories by
excluding uses otherwise permitted in the pro-
posed zoning. Upon completion of compliance
action by the applicant, the County Commission
shall, by ordinance, effect such rezoning. The
failure of the applicant to substantially meet
any or all conditions, stipulations or limitations
contained in a resolution of intent, including
the time limit placed in the resolution, shall
render said resolution null and void automati-
cally and without notice, unless an extension is
granted by the County Commission upon
recommendation of the Hearings Officer.
A. Content of Site Plan. Where a site
plan is required pursuant to Chapter 19.92, it
shall include location of existing and proposed
buildings, structures, accesses, off-street parking
and loading spaces and landscaping; existing and
proposed topography; mechanical roof facilities,
if subject property is so oriented as to become
part of the view from adjacent properties;
architectural perspective, layout and all eleva-
tions drawnwithoutexaggerations,exceptwhere
noted, including locations, area and design of
signs and all landscaping.
B. Resolution on Intent Binding. The
fulfillment of all conditions, stipulations and
limitations contained in the resolutions of intent
on the part of the applicant shall make the
resolution binding on the County Commission.
Upon compliance with the resolution by the
applicant, the County Commission shall, by
ordinance, effect such reclassification.
19.116.070 Appeals.
Appeals shall follow the procedures estab-
lished by Deschutes County Ordinance No.
82-011.
19.116.080 Procedures.
The County Commission shall provide in
Deschutes County Ordinance No. 82-011 a pro-
cedure for the processing of land use actions,
and shall, by order, establish fees for such land
use actions in an amount sufficient to defray
the cost of staff report preparation and all
other costs incidental to the land use
application proceeding.
101
105--024'
Chapter 19.120
ENFORCEMENT AND PENALTIES
Section:
19.120.010 Enforcement
19.120.020 Penalties for Violations
19.120.030 Injunctive Relief
19.120.040 Evidence
19.120.050 Abatement
19.120.010 Enforcement.
It shall be the duty of the Planning Director
and his designees to enforce this Ordinance.
All departments, officials and employees of
Deschutes County vested with the duty or
authority to issue permits shall conform to the
provisions of this Ordinance and shall issue no
permit, certificate or license for any use,
building or purpose which violates or fails to
comply with conditions or standards imposed by
this Ordinance. Any permit, certificate or
license issued in conflict with the provisions of
this Ordinance, intentionally or otherwise, shall
be voidable by the Board of Commissioners to
the extent allowed by law. (Ord. 83-032 § 1,
1983)
19.120.020 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 commits a Class A
infraction, and upon conviction thereof, shall
be punishable by a fine of not more than $500.
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 such offenses shall be punishable as a
continuing infraction as provided in Ordinance
No. 82-012. (Ord. 86-034 § 1, 1986)
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19.120.030 Injunctive Relief.
The foregoing sanctions shall not be exclu-
sive, and where the public health, safety, morals
or general welfare will be served thereby, the
Planning Director may, in addition to prosecu-
tion under Section 19.120.020, institute such
proceedings for injunctive relief against a
continuing violation as may be authorized by
the statutes of the State of Oregon. In the
enforcement or provisions prohibiting nui-
sances caused by odor, sound, vibration and the
like, the Planning Director may seek injunction
against the specific device, activity or practice
causing the nuisance.
19.120.040 Evidence.
In any prosecution for causing or maintaining
any condition or use of, or activity on, or
construction of, moving or maintaining any
structure on any premises in violation of this
Zoning Ordinance, a person in possession or
control of the premises as owner or lessee at
the time of the violation, or continuance
thereof, shall be presumed to be the person
who constructed, moved, caused or maintained
the unlawful activity, use, condition or structure.
This presumptionshall be rebuttableby produc-
tion of evidence to the contrary, and either the
County or the Defendant in such prosecution
shall have the right to show that the offense
was committed by some person other than, or
in addition to, the owner or lessee or other
persons in possession or control of the
premises; but this shall not be construed as
relieving a person in possession and control of
property from any duty imposed upon him by
this Ordinance. That a person is taxed accord-
ing to the records of Deschutes County Asses-
sor shall be prima facie proof that the person
is in possession or control of the premises.
Where premises on which the violation is
committed are commercial or industrial activity
is conducted thereon, the same shall constitute
prima facie evidence that the person whose
name is thus displayed is in possession or
control of the premises as owner or lessee, but
this shall not be construed to relieve from
responsibility any agent, manager, employee or
other person who actually committed the viola-
tion.
19.120.050 Abatement
Where, because of the absence of the
responsible person or persons from the County
or from the state, as the case may be, the
courts of Deschutes County or the State of
Oregon cannot secure effective jurisdiction
over the person or persons responsible for the
cause or continuation of a structure or condi-
tion erected or maintained in violation of this
Ordinance, or where the County Commission
deems it important to the public interest that
the unlawful structure or condition be removed
or correctedwithout delay, the County Commis-
sion may, after notice and hearing, order the
removal of the unlawful structure or condition,
and if such removal or correction is not
effectedwithin the time prescribedin the order,
the Planning Director shall cause such abate-
ment, going upon the premises with such
personnel or equipment as may be necessary,
and the County Commission shall thereafter, by
ordinance, assess the cost of abatement against
the real property. The lien of the assessment
shall be enforced in the same manner as in the
case of street improvement liens. Notice of
hearing shall be sufficient if given 30 days in
advance of the hearing, either by personal
delivery or by mailing the same by any form of
mail requiring a receipt, or by mailing the same
by any form or mail requiring a receipt to the
last known address of the owner of the prop-
erty as shown by the County Assessor's records.
The order shall be served upon the owner or
responsible person in the manner prescribed for
the notice of hearing, and the owner or respon-
sible person shall have such period of time
after service of the order, but not less than 30
days, as the County Commission may deem to
be reasonably necessary to accomplish the
requirements of the order. The notice of
hearing and the abatement order shall contain
a notice to the property owner, or other person
served, that Deschutes County shall not be
103
105' - 0249
responsible for the condition or storage of the
component parts of j or personal property sit-
uated within the structure following abatement
by the County. The remedy of abatement shall
be in addition to, and not in lieu of, the other
remedies prescribed in this section.
Chapter 19.124
LAND FOR PUBLIC
PURPOSES
If the County has an interest in acquiring a
portion of a proposed subdivision for a public
purpose, or if the County has been advised of
such interest by a school district or other public
agency and there is reasonable assurance that
steps will be taken to acquire the land, then
the Hearings Officer may require that those
portions of the subdivision be reserved for
public acquisition for a period not to exceed
one year, although such area may be platted
and approved as part of the subdivision.
In addition to the above, all subdivisions shall
be required to dedicate land to the public for
recreational purposes. The amount of land
shall be sufficient to provide 2.5 acres of usable
park land for each 1,000 people. The park
dedication standard shall be that established by
mutual agreement between Deschutes County
and the appropriate city and park district
authorities. The County shall determine
whether an in -lieu fee for land dedication is
appropriate on a case-by-case basis. The land
to be dedicated for park purposes must actually
be functional park land. In instances where
less than three acres are to be dedicated, the
County shall always require a fee be paid to
the County in -lieu of the land dedication. The
amount of the in -lieu fee shall be determined
by multiplying the amount of land normally
required to be dedicated times the per -acre
value of the subdivision lots to be sold in the
subdivision.
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105 - 0250
Chapter 19.128
Section:
19.128.010 Severability and
Validity
19.128.020 Emergency Clause
19.128.010 Severability and Validity.
If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held
by a court of competent jurisdiction to be
invalid, such decision shall not affect the valid-
ity of the remaining portions of this Ordinance.
The County Commission of Deschutes County
hereby declares that it would have passed this
Ordinance, and each section, subsection, sen-
tence, clause and phrase thereof, irrespectiveof
the fact that any one or more section, subsec-
tion, sentence, clause or phrase might be de-
clared invalid.
19.128.020 Emergency Clause.
In that the Land Conservation and
Development Commission of the State of
Oregon has required Deschutes County to
adopt a zoning ordinance for the Bend area by
May 31, 1979, in order to be in compliance
with statewide planning goals affecting the
health, safety and general welfare of the public,
an emergency is declared to exist and this
Ordinance, pursuant to ORS 203.045(9), shall
take effect upon adoption.
All references herein to other statutes and
ordinances shall include amendments or
legislation superceding the statutes and
ordinances cited.
105
105 - 0251
1®c,i - 0252
APPENDIX A
SOLAR :>1`TBAGk CALCUL -610
SOLITu WALL
256 20% -157. -i0% 5% 0% 5% 10% _ 15% 20%
P10RTN r -N --I C. 5"1'C -IOUTU FACIM
25%
0
Q
n
rrn
105 - 0253
APPENDIX B
601 -AIS 6CTTZACk CALCULATOR
SOUTu MOOF
uF-iGUT
-25'/0 -20% -15% -IO% -5% 0% 5% 10% 15% 20% 25%
NOKTN FACIn4 5LDpE 50UTW FACING