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HomeMy WebLinkAbout91-02091-1SIOS BEFORE THE BOARD OF COUNTY COMMISSIONERS OF An Ordinance Adopting Title 18, Deschutes County Zoning Ordinance, of the Deschutes County Code, Repealing Ordinance No. PL -15, and Declaring and Emergency. ORDINANCE NO. 91-020 REVIEWED 1�k� t 5.G ? Cru DESCHUTEWT 'lt r c -M -v r fwd ko THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ORDAINS as follows: Section 1. ADOPTION. The provisions of Title 18, Deschutes County Zoning Ordinance, attached hereto and incorporated herein as Exhibit "A", are hereby enacted and made a part of the Deschutes County Code. Section 2. REPEAL. Ordinance PL -15, as amended, is hereby repealed in its entirety and replaced with Title 18 of the Deschutes County Code. Section 3. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES. The repeal, express or implied, of any ordinance by this ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability incurred under such ordinance, unless a provision of this ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who violated the repealed ordinance. Section 4. CORRECTIONS. This ordinance may be corrected by order of the Board of County Commissioners to cure editorial and clerical errors and to insert appropriate legislative history references. Section 5. SEVERABILITY. The provisions of this ordinance are severable. If any section, sentence, clause, or phrase of this ordinance is adjudged to be invalid by a court of competent jurisdiction that decision shall not affect the validity of the remaining portions of this ordinance. !(E till C H E D 1 - ORDINANCE NO. 91-020 (5/29/91) 0106 1321 Section 6. 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 day of May, 1991. BOARD OF C UNTY COMMISSIONERS OF DESPfMS COUNTY, OREGON 2 - ORDINANCE NO. 91-020 (5/29/91) 41 3 , Commis Chapter 18.04 TITLE, PURPOSE AND DEFINITIONS Sections: 18.04.010 Title 18.04.020 Purpose 18.04.030 Definitions 18.04.010 Title. This ordinance shall be known as the Deschutes County Zoning Ordinance of 1979. 18.04.020 Purpose. A. The intent or purpose of this ordi- nance is to promote the public health, safety and general welfare and to carry out the Deschutes County Comprehensive Plan, the provisions of ORS Chapter 215 and the Statewide Planning Goals adopted pursuant to ORS Chapter 197. This ordinance is to establish zoning districts and regulations governing the development and use of land within portions of Deschutes County, Oregon; B. To provide regulations governing nonconforming uses and structures; to estab- lish and provide for the collection of fees; to provide for the administration of this ordi- nance and for the officials whose duty it shall be to enforce the provisions thereof; to pro- vide penalties for the violations of this ordi- nance; and to provide [for conflicts with other ordinances or regulations] for resolution of conflicts; C. To regulate the placement, height and bulk of buildings; and the placement and growth of vegetation within the county to ensure access to solar energy by reasonably regulating interests in property within the county, as authorized 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 polices relating to solar energy; and D. To encourage the design of new buildings, structures and developments which use solar energy and protect future options to 1 0106 1322 use solar energy by protecting solar access. (Ord. 83-037 § 1, 1983) 18.04.030 Definitions. As used in this ordinance, the following words and phrases shall mean: Accelted Farming Practice. A mode of operation common to farms and ranches of a similar nature, necessary for the operation of such farms and ranches with the intent to obtain a profit in money, and customarily utilized in conjunction with farm use. Access. The right to cross between public and private property allowing pedestrians and vehicles to enter and leave property. Accessory Use or Accessory Structure. A use or structure incidental and subordinate to the main use of the property, and located on the same lot as the main use. Accessory uses include drilling for, and utilization of, low- temperature geothermal fluid in conjunction with the main use of the property. (Ord. 85- 002 § 1, 1985) Adjoining. Contiguous; touching or con- nected, including tracts of land that only connect or touch at a common point. Affected Persons. Includes those owners of record of real property located within a mini- mum distance of 250 feet, exclusive of public street and other right-of-way, from the prop- erty subject to a permit required by this ordinance. Agricultural Land. Lands classified by the U. S. Soil Conservation Service (SCS) as predominately Class I -VI soils, and other lands in different soil classes which are suit- able for farm use, taking into consideration soil fertility, suitability for grazing and crop- ping, climatic conditions, existing and future availability of water for farm irrigation pur- poses, existing land use patterns, technological and energy inputs required, and accepted farming practices. Lands in other classes which are necessary to permit farm practices to be undertaken on adjacent or nearby lands shall be included as agricultural lands in any event. EXHIBIT "A' Aircraft. Any vehicle designed or used for flight through the air and capable of carrying goods or people. Airport. Any area of land or water which is used or intended to be used by the general public for the landing and taking off of air- craft and any appurtenant areas, buildings or facilities. Animal Hospital. A place where animals or pets are given medical attention and cared for during the time of such treatment. Apartment. See Dwelling, multiple -family. Area of Shallow Flooding. Such areas are designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). In such areas, the base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. For purposes of this definition, AO is characterized as sheet flow and AH indi- cates ponding. (Ord. 88-030 § 3, 1988) Area of Special Flood Hazard. The land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Such areas are designated by the letter A or V on the Flood Insurance Rate Map (FIRM). (Ord. 88-030 § 3, 1988) Automobile Wrecking Yard. A premises used for the storage or sale of used auto- mobile or truck parts or for the storage, dismantling or abandonment of obsolete automobiles, trailers, trucks, machinery or parts thereof. Automobile Service Station. A building or portion thereof or land used for the retail sale of automobile fuel, oil and accessories and service. Automobile Repair Garage. A building or portion thereof used for the care and repair of motor vehicles or where such vehicles are parked or stored for compensation, hire or sale. Automobile and Trailer Sales Area. An open area, other than a street, for the display, sale or rental of new or used automobiles or trailers and where no repair work is done except minor incidental repair of automobiles N 0106 1323 or trailers to be displayed, sold or rented on the premises. 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. 86-056 § 2, 1986) Basement. A story partly or wholly under- ground. A basement shall be counted as a story in building height measurement when the floor level directly above is more than six feet above the average level of the adjoining grounds. 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. 86-056 § 2, 1986) Boarding House. A building or portion thereof, other than a motel, restaurant or hotel, where meals or lodging or both are provided for compensation for more than four persons, other than a family. 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. (Ord. 89-009 § 2, 1989) 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 mooring boats or as a landing place for marine trans- port, and having a surface area of 160 square feet or less. (Ord. 89-009 § 2, 1989) Boat House. A covered or enclosed struc- ture designed to provide moorage and/or storage for recreational or commercial marine transport and built over or floating upon a lake, river or stream. (Ord. 89-009 § 2, 1989) Boat Slip. 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 excavated area. (Ord. 89-009 § 2, 1989) Building. A structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. Camp, Tourist or Trailer Park. Any area or tract of land used or designed to accommo- date two or more trailers, or two or more camping vehicles, tents or outfits, including cabins, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee. Camping Vehicles. A vacation trailer or a self-propelled vehicle or structure equipped with wheels for highway use intended for human occupancy and being used for vacation and recreational purposes, but not for resi- dential purposes, and is equipped with plumb- ing, sink or toilet. Carrying Capacity. Level of use which can be accommodated and continued without irreversible impairment of natural resource productivity, the ecosystem and the quality of air, land and water resources. Cluster Development. A planned develop- ment, at least 5 acres in area, permitting the clustering of single or multi -family residences on one part of the property, with individual lots not exceeding 2 acres in size. Individual lots are contiguous to one another except for occasional corridors to allow for human passage, wildlife travel, or natural features such as a stream or bluff. No commercial or industrial uses permitted. (Ord. 84-015 § 1, 1984) Commercial Amusement Establishment. A facility supplying refreshments and various forms of entertainment to the general public. Commercial Residential Use. A building, portion of a building or group of buildings designed or used for human occupancy or lodging for which a fee is charged, such as a hotel, motel or tourist camp, but excluding quarters intended for permanent occupancy such as a duplex or apartment. A manufac- tured home park is not included in this defini- tion. 3 0106 1324 Community Service Use. Any public or semi-public uses, such as landfills schools, utility facilities, churches, community build- ings, cemeteries, mausoleums, crematories, airports and private uses which attract signifi- cant numbers of people, such as airports, livestock sales yards and other similar uses. (Ord. 85-016 § 1, 1985) Community Water System. A domestic water supply source or distribution system which serves or is designed to serve more than three individual residences or other uses for the purpose of supplying water for house- hold uses, having legal and financial capacity for long-term operation and maintenance. Does not include municipality water supply systems. Community Sewage System. A sewage disposal system serving or designed to serve more than ten individual residences or other uses for the purpose of disposing of house- hold liquid wastes, having legal and financial capacity for long-term operation and mainte- nance. Does not include municipal or public utility sewage disposal system. Conditional Use. A use that may be per- mitted or denied at the discretion of the hearings body based on findings of fact as required by this ordinance and the County Uniform Development Procedures Code. (Ord. 86-032 § 1, 1986) Conduit. Any tunnel, canal, pipeline, aque- duct, flume, ditch or similar man-made struc- ture which is or may be used to convey water. (Ord. 86-018 § 1, 1986) Conservation Easement. A non -possessory interest in real property conveyed by the property owner to the county, imposing limi- tations 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 preserv- ing the historical, archaeological or cultural aspects of the property. (Ord. 86-054 § 1, 1986) Contiguous Land. Parcels of land under the same ownership which abut, irrespective of roadways, stream or valley bottom. Cross -Section. A profile of the ground surface perpendicular to the center line of a street, stream or valley bottom. Dam. Any man-made structure which is or may be used to impound water. (Ord. 86-018 § 1, 1986) Destination Resort. A largely self-con- tained facility offering recreational opportuni- ties for permanent residents and seasonal visitors, catering primarily to members and quests. Minimum area for a destination resort is 160 acres. PEQ. The Oregon Department of Environ- mental Quality. (Ord. 90-014 § 2, 1990) 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. 86-018 § 1, 1986) DOGAMI. The Oregon Department of Geology and Mineral Industries. (Ord. 90- 014 § 2, 1990) Dwelling, Multi -Family. A building or portion thereof designed for occupancy by three or more families living independently of each other. Dwelling, Sin e -Family. A detached build- ing containing one dwelling unit and designed for occupancy by one family only, not includ- ing manufactured homes, and such temporary structures as tents, teepees, travel trailers and other similar uses. (Ord. 91-005 § 1, 1991) Dwelling, Seasonal. A dwelling unit, includ- ing a manufactured home, travel trailer, or camping vehicle, designed for and used as a temporary dwelling by one family for recrea- tional or seasonal purposes only. Dwelling, Two -Family. A building contain- ing two dwelling units and designed for occu- pancy by two families. Dwelling Unit. One or more rooms in a building designed for occupancy by one family and having not more than one cooking area or kitchen. Dude Ranch. A ranch operated wholly or in part as a resort offering horse riding 4 0106 1325 related activities as outdoor recreation oppor- tunities, and offering only temporary rental accommodations for vacation use by non- residents. Dust Sensitive Use. Real property normally used as a residence, school, church, hospital or similar use. Property used in industrial or agricultural activities is not "dust -sensitive" unless it meets the above criteria in more than an incidental manner. (Ord. 90-014 § 2, 1990) 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. Ensure. Guarantee; make sure or certain something will happen. ESEE. The letters stand for "economic, social, environmental, and energy." ESEE means the economic, social, environmental and energy "consequences," as defined in the Oregon Administrative Rules, Section 660-16- 005, that might result from prohibiting, restricting, or fully allowing a "conflicting" use. A conflicting use is one which could negatively impact or be negatively impacted by the Goal 5 resource. (Ord. 90-014 § 2, 1990) 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. 83-037 § 2, 1983) Existin . Existing at the time of application. (Ord. 83-037 § 2, 1983) Exploration (for Minerals). Exploration means all activities conducted on or beneath the surface of the earth for the purpose of determining presence, location, extent, grade or economic viability of a deposit. "Explora- tion" does not include prospecting, chemical processing of minerals or the off -premises sale or use of any minerals. (Ord. 91-002 § 11, 1991) Factory Built Dwellins. A dwelling unit built substantially or entirely at a place other than the residential site, meeting county and state building code requirements and including, but not limited to, prefabricated or modular homes, but excluding manufactured homes. Family. An individual or two or more persons related by blood, marriage, legal adoption, or legal guardianship living together as one housekeeping unit using a common kitchen and providing meals or lodging to not more than three additional unrelated persons, excluding servants; or a group of not more than five unrelated persons living together as one housekeeping unit using a common kitchen. Farm Use. The current employment of land for the primary purpose of obtaining 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 honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use of animal husbandry or any combination thereof. Farm use includes the preparation and stor- age of the products raised on such land for human and animal use and disposal by mar- keting or otherwise. Farm use does not include the use of land subject to the provi- sions of ORS Chapter 321, except land used exclusively for growing cultured Christmas trees. Feed Lot. A livestock feeding yard. Fence. Sight -Obscuring. A continuous fence, wall, evergreen planting or combination thereof constructed and/or planted to effec- tively screen a particular use from view. Fill and Removal. The deposit or removal by artificial means of material at a location within the waters of any lake, river or stream, or in wetlands or riparian areas. (Ord. 89-009 § 2, 1989) Fire Break. A break in the ground cover fuels intended to prevent the spread of fire. 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- 018 § 1, 1986) Fish Protection Device. Any man-made structure, such as a fish screen, which is or 5 0106 1326 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. 86-018 § 1, 1986) Flood or Flooding. A general and tempo- rary condition of partial or complete inunda- tion of normally dry land areas from: A. The overflow of inland or tidal waters; and/or B. The unusual and rapid accumulation of runoff of surface waters from any source. (Ord. 88-030 § 3, 1988) Flood, Base. The flood having a one per- cent chance of being equaled or exceeded in any given year. Also referred to as the "100 - year flood." Such areas are designated by the letter A or V on the Flood Insurance Rate Map (FIRM). (Ord. 88-030 § 3, 1988) Flood Hazard Area. (Repealed by Ord. 88- 030 § 1, 1988) Flood Hazard Boundary Mn. (Repealed by Ord. 88-030 § 1, 1988) Flood Insurance Rate Map. (FIRM). The official map on which the United States Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applic- able to the community. The FIRM is adopted by reference in Ordinance No. 88- 031. (Ord. 88-030 § 3, 1988) Flood Insurance Study. The official report provided by the Federal Insurance Admini- stration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood condition of partial or complete inundation of normally dry land areas. The Study is adopted by reference in Ordinance No. 88-031. (Ord. 88- 030 § 3, 1988) Flood Plain Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling opera- tions, located within the area of special flood hazard. (Ord. 88-030 § 3, 1988) Flood Plain Profile. (Repealed by Ord. 88- 030 § 1, 1988) Floodway. The channel of a river or other water course, 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. 88-030 § 3, 1988) Forest Lands. Lands composed of existing and potential forest lands which are suitable for commercial forest uses; and forested lands needed for watershed protection, wildlife and fisheries habitat and recreation; lands where extreme conditions of climate soil and topo- graphy require the maintenance of vegetative cover irrespective of use; and other forested lands in urban and agricultural areas which provide urban buffers, wind breaks, wildlife and fisheries habitat, livestock habitat, scenic corridors and recreational use. Forest Uses. Forest uses include produc- tion of trees and the processing of forest products; open space; buffers from noise and visual separation of conflicting uses; water- shed protection and wildlife and fisheries habitat; soil protection from wind and water; maintenance of clean air and water; outdoor recreational activity and related support services and wilderness values compatible with these uses; and grazing for livestock. Frontage. All property adjoining one side of a street and measured along the street line, between intersecting and intercepting streets or between a street and a right-of-way, water- way, end of a dead-end or city boundary. Geothermal Energy Facility, Small -Scale. An electrical power generating plant with a nominal electric generating capacity of less than 25 MW; a pipeline that is less than 16 inches in diameter and less than 5 miles in length used to carry geothermal resources; and related or supporting equipment and facilities. (Ord. 85-002 § 2, 1985) Geothermal Resource, High -Temperature. Any groundwater, steam, or other fluid 250 degrees F. or greater which is used for its thermal characteristics. (Ord. 85-002 § 3, 1985) T 0106 132'7 Geothermal Resource, Low -Temperature. Any groundwater, steam, or other fluid less than 250 degrees F. which is used for its thermal characteristics. (Ord. 85-002 § 4, 1985) Geothermal Well, High -Temperature. Any excavation, as defined by ORS 522.005(10), 522.005(12) or 522.005(15), that is constructed or used for the thermal properties of the resource contained within, or which is con- structed or used for returning such resource to an underground reservoir. (Ord. 85-002 § 5, 1985) Geothermal Well, Low -Temperature. Any excavation, as defined by ORS 537.515(7), that is constructed or used for the thermal properties of the resource contained within, or which is constructed or used for returning such resource to an underground reservoir. (Ord. 85-002 § 6, 1985) Grade (Ground Level). The average eleva- tion of the finished ground elevation at the centers of all walls of a building walk. The sidewalk elevation nearest the center of the wall shall constitute the ground elevation. Guest House. Living quarters within a detached accessory building located on the same lot as the main building for use by temporary guests of the occupants of the main premises, not rented or otherwise used as a separate dwelling. Habitable Floor. Any floor usable for living purposes, including working, sleeping, eating, cooking, or recreation or a combination thereof. A floor used only for storage pur- poses is not a habitable floor. Highest Shade Producing Point. The high- est shade producing point of the structure two hours before and after the solar zenith on December 21. (Ord. 83-037 § 2, 1983) Height of Building. The vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the center height between the highest and lowest points on other types of roof. Historic Area or District. Lands with sites, structures or objects of local, regional, statewide or national historical significance as indicated in the Comprehensive Plan Resource Element. Home Occupation. An occupation or pro- fession carried on within a dwelling or a residential accessory structure by a resident of the dwelling. The occupation or profession shall be secondary to the residential use. [Any lawful occupation carried on by a resi- dent of a dwelling as an accessory use within the same dwelling, or in an accessory building on the same or adjacent property, with limited retail sales or sales accessory to a service, and employing no full-time employees except members of the immediate family, and not affecting the external appearance of the premises in a way inconsistent with its use as a residence.] Hog Farm. Any premises where 25 or more hogs are maintained. 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, tur- bines, transmission facilities and related buildings, structures, storage areas, access roads, parking areas and surrounding and adjacent lands which are necessary for or related to the facility. (Ord. 86-018 § 1, 1986) Impoundment. Any man-made structure which is or may be used to impound water. (Ord. 86-018 § 1, 1986) [Insure. Guarantee; make sure or certain something will happen.] Interest. Includes a lot or parcel, a share, undivided interest or membership which includes the right to occupy the land over- night, and a lessee's interest in land for more than three years or less than three years if the interest may be renewed under the terms of the lease for a total period of more than three years. Interest does not include any interest in a condominium as that term is defined in ORS Chapter 91.505 or any secur- ity interest under a land sales contract, trust deed or mortgage. Interest does not include 7 0106 1328 divisions deed or mortgage. Interest does not include divisions of land created by lien foreclosures or foreclosures of recorded contracts for the sale of real property. Junk Yard. Primary or accessory use of a parcel of land for the storage, dismantling or selling of cast-off or salvage material of any sort in other than the original form in which it was manufactured or assembled, not includ- ing reconditioned secondhand furniture or fixtures sold from within a walled building. Kennel. A lot or building in which four or more dogs, cats or other animals at least four months of age are kept commercially for board, breeding, training or sale. Key Facilities. Basic services usually fur- nished by local government but which also may be provided by private enterprise, essen- tial to the support of more intensive develop- ment. Includes public schools, transportation, water supply, fire protection, sewage and solid waste disposal. Land Development. The division of land into parcels of lots for any purpose or the creation of units or parcels for the purpose of sale or lease for a term of one year or more. Includes the intent for disposition of any land, whether contiguous or not, including any land divided, lots, parcels, units or interests offered as a part of a common promotional plan of advertising and disposition by a single devel- oper or group of developers acting in concert. If the land is contiguous or is known, desig- nated or advertised as a common unit or by a common name, the land shall be presumed, without regard to the number of lots covered by each individual offering to be offered for disposition as part of a common promotional plan. Landing Strip. An area used for the landing and taking off of aircraft for the personal use of the property owner or his guests, or air- craft employed in agricultural operations. Landing Strip, Personal Use. See "Personal Use Landing Strip." Landscapine. Trees, grass, bushes, shrubs, flowers, and garden areas, and incidental arrangements of fountains, patios, decks, street furniture and ornamental concrete or stonework and artificial plants, bushes or flowers. Legislative. A planning or zoning action resulting in a general rule or policy which is applicable to an open class of individual or situations. Livestock. Domestic animals of types cus- tomarily raised or kept on farms. Livestock Feed Lot [Feeding Yard]. An enclosure designed or used for the purpose of the concentrated feeding or fattening live- stock for commercial slaughter. Livestock Sales Yard. An enclosure or structure designed or used for holding live- stock for purposes of sale or transfer by auction, consignment, or other means. Loading Space. An off-street space within a building or on the same lot with a building, having direct access to a street or alley, for the temporary parking of a commercial vehi- cle or truck while loading or unloading mer- chandise or materials. Lot. A unit of land created by a subdivision of land. A. Lot Area. The total horizontal area contained 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 acres 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. Provided, however, that the Planning Director or Hearings Body shall include in gross lot areas all streets, roads, and easement of access to other property that would accrue to that lot if the road, street or easement were vacated, and shall treat the gross area 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. B. Lot, Corner. A lot adjoining two or more streets, other than alleys, at their inter- section provided the angle of intersection of the adjoining streets does not exceed 135 degrees. 0106 1329 C. Lot Depth. The average horizontal distance between the front and rear lot lines. D. Lot Line. The property lines bound- ing a lot. E. Lot Line, Front. The lot line separat- ing a lot from a street other than an alley. In the case of a corner lot, the longest lot line along a street other than an alley. F. Lot Line, Rear. The lot line opposite and most distant from the front lot line. In the case of an irregular, triangular, or other odd -shaped lot, a line 10 feet in length within the lot, parallel to and at a maximum distance from the front lot line. G. Lot Line, Side. Any lot line other than a front or rear lot line bounding a lot. H. Lot, Through or Double Frontage. A lot having frontage on two parallel or approxi- mately parallel streets other than alleys. I. Lot Width. The average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line. [measured at right angles to the lot depth at a point midway between the front and rear lot lines.] J. 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: 1. By partitioning land as defined in ORS 92.010(8); 2. By a subdivision plat, as defined in ORS 92.010(9), filed with the Deschutes County Surveyor and recorded with the Deschutes County Clerk; 3. 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 record- ing 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; 4. By a town plat filed with the Deschutes County Clerk and recorded in the Deschutes County Record of Plats; or 5. 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: 1. 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. 2. A lot or parcel created by an inter- vening section or township line or right-of- way. 3. A lot or parcel created by an unre- corded subdivision, unless the lot or parcel was conveyed in accordance with paragraph (a)(3) of this section. 4. A parcel created by the foreclosure of a security interest. (Ord. 88-009 § 1, 1988; Ord. 87-015 § 1, 1987) Lowest Floor. The lowest floor of the lowest enclosed area of a structure, including the basement. An unfinished or flood resis- tant 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 18.96.060. (Ord. 88-030 § 3, 1988) Manufactured Home. A structure con- structed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occu- pancy, and that is being used for residential purposes. It does not include any building or structure subject to the structural specialty code adopted pursuant to ORS 455.100 to 455.450 or any unit identified as a recrea- tional vehicle by the manufacturer. (Ord. 91- 005 § 1, 1991; Ord. 89-004 § 1, 1989) Manufactured Home Park. Any place where two or more manufactured homes are parked within 500 feet of one another on a 0 0106 1330 lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person. (Ord. 89- 004 § 1, 1989) Manufactured Home Subdivision. A subdi- vision intended to be occupied primarily or exclusively by manufactured homes. (Ord. 89- 004 § 1, 1989) 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. (Ord. 89-009 § 2, 1989) Mineral. Includes, but is not limited to, soil, select fill, coal, clay, stone, sand, gravel, aggregate, pumice, cinders, metallic ore, and any other inorganic solid excavated from a natural deposit in the earth for commercial, industrial or constructional use. (Ord. 90-014 § 2, 1990) Mitigation. The minimizing or offsetting of impacts by the provision of on- or off-site improvement or compensation which benefits impacted property owners, resources and the public interest. Mitigation measures include, but are not limited to, the provision of addi- tional fish and wildlife habitat, conservation easements, on- and off-site screening and buffering, compensation for the maintenance of existing off-site screening, fees in lieu of improvements, and similar arrangements which are agreed to in writing by the affected parties, and which relate to and are necessitated by a surface mining development or operation. (Ord. 90-014 § 2, 1990) Mobile Home. (Deleted by Ord. 91-005 § 2, 1991; Ord. 89-004 § 1, 1989) Mobile Home Park. (Deleted by Ord. 91- 005 § 2, 1991; Ord. 89-004 § 1, 1989) Mobile Home Subdivision. (Deleted by Ord. 91-005 § 2, 1991) Modular Homes. See "Factory Built Dwelling." [See Prefabricated House.] Municipal Water Supply System. A domes- tic water supply source and distribution sys- tem owned and operated by a city, county, special district or other public corporation which has independent tax -levying powers to support the system and which supplies water to a total of 1,000 or more households. Natural Area. As indicated in the Compre- hensive Plan Resource Element, land and water that has substantially retained its natu- ral character or land and water that, although altered in character is important as habitats for plant, animal or marine life, for the study of its natural, historical, scientific or paleono- logical features or for the enjoyment of its natural features. Natural Hazard Area. An area subject to natural events known to result in death or endangerment of the works of man, such as stream flooding, ground water, flash flooding, erosion or fluvial deposits, landslides, earth- quakes, weak foundation soils and other hazards unique to a local or regional area. Natural Resources. Air, land, water and the elements thereof valued for their existing and potential usefulness to man. New Construction. Any structure for which the start of construction commenced on or after the effective date of this ordinance. For purposes of the Flood Plain Zone (FP), "new construction" means any structure for which the start of construction commenced on or after the date of adoption of the amendments to the Flood Plain Zone in Ordinance No. 88- 030. (Ord. 88-030 § 3, 1988) Noise Sensitive Use. Real property normal- ly used for sleeping or normally used as schools, churches, hospitals or public libraries. Property used in industrial or agricultural activities is not "noise -sensitive" unless it meets the above criteria in more than an incidental manner. (Ord. 90-014 § 2, 1990) Nonconforming Lot or Parcel. A lot or parcel which is smaller in area than the mini- mum lot or parcel size in the zone. (Ord. 87- 015 § 1, 1987) Nonconforming Structure or Use. A lawful existing structure or use at the time this 10 0105 1331 ordinance or any amendment thereof becomes effective which does not conform to the requirements of the zone in which it is located. North[ern] Lot Line. For the purposes of Section 18.116.180, Building Setbacks for the Protection of Solar Access, the north lot line shall be the northerly edge of the lot on which an applicant's structure is located, unless directly north of the lot is an unbuild- able area, in which case north lot line means the northerly edge of the buildable area. (Ord. 83-037 § 2, 1983) Nursery, Dai. A facility providing day care to three or more children, aged 14 years or under, but not including any: (a) facility providing care that is primarily educational unless provided to a preschool child for more than four hours a day; (b) facility providing care that is primarily supervised training in a specific subject, including but not limited to dancing, drama, music or religion; (c) facility providing care that is primarily an incident of group athletic or social activities sponsored by or under the supervision of an organized club or hobby group; (d) facility operated by a school district or governmental agency; (e) residential facility licensed under ORS 443.400 to 443.445 and 443.991(2). Nursing. Any home, institution or other structure maintained or operated for the nursing or care of four or more ill, aged or infirm adults not requiring hospital care or hospital facilities. Open Space. Lands used for agricultural or forest uses, and any land area that would, if preserved and continued in its present use, conserve and enhance natural or scenic resources; protect air, streams or water supply; promote conservation of soils, wet- lands, beaches or marshes; conserve land- scaped areas such as public or private golf courses, that reduce pollution and enhance the value of adjoining or neighboring prop- erty; enhance the value to the public of adjoining or neighboring parks, forests, wild- life preserves, nature reservations or other open space; enhance recreation opportunities; preserve historic, geological and archeological sites; promote orderly urban development; and minimize conflicts between farm and non- farm uses. Ordinar�Hi 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. (Ord. 89-009 § 2, 1989) 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. (Ord. 89-009 § 2, 1989) Overburden. Earth or rock that lies above a natural deposit of a mineral. (Ord. 90-014 § 2, 1990) Owner. The owner of the title to real property or the authorized agent thereof or the contract purchaser of real property of record as shown on the last available com- plete tax assessment roll or County Recorder's records. Parcel. A unit of land created by a parti- tioning of land. Parking Space. A clear, off-street area for temporary parking or storage of one automo- bile, having an all-weather surface of a width not less than eight and one-half feet, a length of not less than 22 feet and not less than eight and one-half feet in height when within a building or structure. Such parking space shall not be less than 190 square feet in area and shall have easy access to a street or alley by a driveway having an all-weather surface, except as approved in accordance with Sec- tion 18.116.030. Partition. An act of partitioning land or an area or tract of land partitioned as defined in Section 18.04.030, "Partition Land," below. Partition Land. To divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. Partition land does not include divisions of land resulting from lien foreclo- sures, or recorded contracts for the sale of real property and divisions of land resulting from the creation of cemetery lots. Partition 11 0106 1332 land does not include the sale of a lot in a recorded subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner. Penstock. Any conduit or other structure which is or may be used to convey water to the driving mechanism of the generator. (Ord. 86-018 § 1, 1986) Person. A natural person, firm, partnership, association, social or fraternal organization, corporation, trust, estate, receiver, syndicate, branch of government, or any group or com- bination acting as a unit. Personal Use Landing Strips for Airplanes and Helicopter Pad. An airstrip restricted, except for aircraft emergencies, to use by the owner and, on an infrequent and occasional basis, by invited guests and by commercial aviation activities in connection with permit- ted uses of the land. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exception to the activities permitted under this definition may be granted through waiver action by the Aero- nautics Division in specific instances. A personal use airport lawfully existing as of September 1, 1975, shall continue to be per- mitted subject to any applicable regulations of the Aeronautics Division. Petroleum Distribution Facility. 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. Planned Community. A self-contained complex of residential, commercial and indus- trial uses in the form of a planned develop- ment in conjunction with an interrelated system for transportation, utilities, recrea- tional areas and other public facilities, constituting a separate community within the county and at least 160 acres in size. Planned Development. The development of an area of land at least 40 acres in size for a number of dwelling units, commercial or industrial uses, according to a plan which does not necessarily correspond in lot size, bulk or type of dwelling, density, lot coverage, or required open space to the standard regu- lations otherwise required by this ordinance, and usually featuring a clustering of residen- tial units. Plant Nursery. A place where young trees or other plants are raised for experimental purposes or for transplanting for sale. Plat. A final map, diagram, drawing, replat or other writing containing all the descrip- tions, locations, specifications, dedications, provisions and information concerning a subdivision. Potential Structure. For purpose of solar access protection on 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. 83-037 § 2, 1983) Pre-existing Nonconforming Lot or Parcel. A nonconforming lot or parcel which is a lot of record. (Ord. 87-015 § 1, 1987) Prefabricated House. See "Factory Built Dwelling." (Repealed by Ord. 89-004 § 1, 1989) Primary or Principal Use. The first use to which property is or may be devoted, and to which all other uses on the premises are accessory or secondary uses. As used relative to dwelling units, the primary dwelling would be the first dwelling unit to be located on a specific parcel or lot. Productive Solar Collector. A solar collec- tor that provides no less than a) 10 percent of a building's annual total energy requirement; or b) 50 percent of a building's annual water heating requirements. (Ord. 83-037 § 2,1983) Protect. Save or shield from loss, destruc- tion, 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. 83-037 § 2, 1983) Provide. Prepare, plan for, and supply what is needed. 12 0106 1333 Public Use. A use owned or operated by a public agency for the benefit of the public generally. This does not include landfill sites, garbage dumps or utility facilities. 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 regula- tion by the Public Utility Commission of Oregon and supplying water to a total of 500 or more households. Public Water System. A system for the provision 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 land use action entailing application of a general rule or policy to specific individuals or situations. Ramada. A stationary' structure having a roof extending over a manufactured home or trailer, which may also extend over a patio or parking space for motor vehicles, and is used primarily for protection from sun and rain. (Ord. 89-004 § 1, 1989) Ranch Hand Residence. A building, struc- ture or manufactured home used for residen- tial purpose for an agricultural employee and his family. Reclamation. The employment in a surface mining operation of procedures designed to minimize, as much as practical, the disruption of the surface mining operation and to pro- vide for rehabilitation of any such surface resources adversely affected by such mining operations through the rehabilitation of plant cover, soil stability, water resource and other measures appropriate to the subsequent beneficial use of mined and reclaimed lands. (Ord. 90-014 § 2, 1990) Recreation Camps or Resorts. An area devoted to facilities and equipment for recre- ational purposes, including swimming pools, tennis courts, playgrounds, and other similar uses, whether the use of such area is limited to private membership or open to the public upon payment of a fee. Recreation Parks. An area designated by the landowner for picnicking or overnight camping and offered to the general public whether or not a fee or charge is made for such accommodations. Recreational Vehicle. A vacation trailer or other unit with or without motive power which is designed for human occupancy and to be used temporarily for recreational or emergency purposes, having a floor space of less than 220 square feet, excluding built-in equipment such as wardrobes, closets, cabi- nets, kitchen units or fixtures and bath or toilet rooms. Residential. Any dwelling unit or group of units built or used for human occupancy. Ri t -of -way. The area between the boundary lines of a street, road or other public easement. Rimrock. Any ledge, outcropping or top or overlying stratum of rock, which forms a face in excess of 45 degrees, and which creates or is within the canyon of the following rivers and streams: 1) Deschutes River; 2) Crooked River; 3) Fall River; 4) Little Deschutes River; 5) Spring River; 6) Paulina Creek; 7) Squaw Creek; and 8) Tumalo Creek. For the purpose of this ordinance, the edge of the rimrock is the uppermost rock ledge or out- crop of rimrock. (Ord. 86-053 § 1, 1986; Ord. 82-013 § 1, 1982) Road or Street. A public or private way created to provide ingress or egress to one or more lots, parcels, areas or tracts of land, excluding a private way created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes. A. Alley. A narrow street through a block primarily for vehicular service access to the back or side of properties adjoining another street. B. Arterial. A restricted access street of substantial continuity which is primarily a traffic artery for inter -communication among large areas, and so designated by the county. C. Bicycle Route. A right-of-way for bicycle traffic. 13 0106 1334 D. Collector. A street supplementary to the arterial street system used or intended to be used principally for the movement of traffic between arterials and local streets and roads within the county. E. Cul-de-sac. [(Dead End Street)] A short street having one end open to traffic and terminated by a vehicle turnaround. F. Half Street. A portion of the width of a street sufficient for safe service temporarily (as approved by the County Engineer) when the remaining portion of the street is likely to be provided in another subdivision. G. Marginal Access Street. A minor street parallel and adjacent to a major arterial providing access to adjoining properties, but protected from through traffic. H. Local Street. A street intended primarily for access to adjoining properties. I. Stubbed Streets. A street having only one outlet for vehicular traffic and which is intended to be extended or continued to serve future subdivisions or developments on adja- cent lands. Roadway. That portion of a street or road right-of-way developed for vehicular traffic. Scenic Area. Land and other natural fea- tures valued for their aesthetic qualities. Semi -Public Use. A structure or use intended or used for both private and public purposes by a church, lodge, club or any other non-profit organization. Setback. An open space on a lot which is unobstructed from the ground upward except as otherwise provided in this ordinance. Setback, Front. A setback between side lot lines, measured horizontally at right angles to the front lot line from the front lot line to the nearest point of a building. Setback, Rear. A setback between side lot lines, measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a building. Setback, Side. A setback between the front and rear yard measured horizontally at right angles from the side lot line to the nearest point of a building. Setback, Street Side. A setback adjacent to a street between the front setback and rear lot line measured horizontally and at right angles from the side lot line to the nearest point of a building. 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. 83-037 § 2, 1983) Shopping Complex. A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking on site and aesthetic con- siderations which integrate it with the sur- rounding area. (Ord. 84-023 § 1, 1984) Simon. An identification, description, illustra- tion, or device which is affixed to or repre- sented, directly or indirectly upon a building, structure, or land, and which directs attention to a product, place, activity, person, institu- tion or business. Sign, Advertising. A sign which directs attention to a business, product, activity, or service not necessarily conducted, sold or offered upon the premises where such a sign is located. 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. 83-037 § 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. 83-037 § 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. 83-037 § 2, 1983) Solar HeatingHam. The hours and dates during which solar access is provided. (Ord. 83-037 § 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- 037 § 2, 1983) 14 0106 1335 Stable, Private. A detached accessory building for the keeping of horses owned by the occupants of the premises and which are not kept for remuneration or profit. Stable. Public. A stable other than a private stable. Start of Construction. The first act 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 the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the instal- lation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or as part of the main struc- ture. For a structure other than a manufac- tured home without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure, or any part thereof, on its piling or foundations. For manufactured homes not within a manufactured home park or manu- factured home subdivision, start of construc- tion means the affixing of the mobile home to its permanent site. For manufactured homes within manufactured home parks or manufac- tured home subdivisions, start of construction is the date on which construction of facilities for servicing the site on which the manufac- tured home is to be affixed (including, at a minimum, the construction of streets, either final site grading or pouring of concrete pads, and installation of utilities) is begun. Sto . That portion of a building included between the upper surface of any floor and the upper surface of the floor next above it, except the top story shall be that portion of a building included between the upper surface of the top -most floor and the ceiling or roof above. Story, Half. A story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story. Stream, Perennial. Includes the following rivers and streams in Deschutes County: Alder Creek; Bottle Creek; Bridge Creek; Brush Draw; Bull Creek; Cache Creek; Charlton Creek; Cultus Creek; Cultus River; Deer Creek; Deschutes River; Dry Creek; Fall Creek; First Creek; Full Creek; Goose Creek; Indian Ford Creek; Jack Creek; Kaleetan Creek; Lake Creek -Middle Fork; Little Deschutes River; Metolius Creek; Park Creek -East Fork; Park Creek -West Fork; Paulina Creek; Pole Creek; Rock Creek; Snow Creek; Soap Creek; Soda Crater Creek; Spring Creek; Squaw Creek; Squaw Creek - North Fork; Three Creek; Todd Lake Creek; Trout Creek; Tumalo Creek; Tumalo Creek - North Fork; Tumalo Creek -Middle Fork; and Tumalo Creek -South Fork. (Ord. 90-014 § 2, 1990) Street. The entire width between the right- of-way lines of every public way for vehicular and pedestrian traffic. Includes the terms "road," "highway," "land," "place," "avenue," "alley" or other similar designation. Structural Alteration. Any change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams, girders, any structural change in the roof or in the exterior walls, or any alteration requiring a building permit. Structure. Something constructed or built having a fixed base on, or fixed connection to, the ground or another structure. Subdivision and Subdivided Lands. Improved or unimproved area or tract of land divided into four or more lots within a calen- dar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year. This section does not apply to divisions of land resulting from lien foreclosures or foreclosures of recorded contracts for the sale of real property. Substantial Improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the true cash [market] value of the structure either: 15 166 1336 A. before the improvement or repair is started; or B. if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substan- tial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building com- mences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: C. any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or D. any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (Ord. 88- 030 § 3, 1988) Substantially Shaded. 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 poten- tial structure. (Ord. 83-037 § 2, 1983) Sunchart. A photograph or photographs, taken in accordance with the guidelines of the Planning Director or Hearings Body, which plots the position of the sun during each hour of the day and each month of the year rela- tive to a protected area. The sunchart shall contain, at a minimum: A. Solar altitude in 10 -degree incre- ments; 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. 83-037 § 2, 1983) Surface Mining. A. Includes: a. all or any part of the process of mining by removal of the overburden and extraction of natural mineral deposits thereby exposed by any method including, open pit mining operations, auger mining operations, processing, surface impacts of underground mining, production of surface mining refuse and the construction of adjacent or off-site borrow pits, except those constructed for access roads; b. mining which involves more than 1,000 cubic yards of material or excavation prior to mining of a surface area of more than one acre. B. Does not include: a. the construction of adjacent or off- site borrow pits which are used for access roads to the surface mine. b. excavations of sand, gravel, clay, rock or other similar materials conducted by a landowner or tenant on the landowner's property for the primary purpose of construc- tion, reconstruction or maintenance of access roads and excavation or grading operations conducted in the process of farming or ceme- tery operations, on-site road construction and other on-site construction, or non -surface impacts of underground mines; C. batching and blending of mineral and aggregate into asphaltic concrete or portland cement concrete. (Ord. 90-014 § 3, 1990) Surface Mining, Minerals. Includes, but is not limited to, soil, select fill, coal, clay, stone, sand, gravel, aggregate, pumice, cinders, metallic ore, and any other inorganic solid excavated from a natural deposit in the earth for commercial, industrial or construction use. (Ord. 90-014 § 2, 1990) Surface Mining. Operator. Any person or entity engaged in surface mining. (Ord. 90- 014 § 2, 1990) Surface Mining, Processing. Processing includes crushing, washing, milling and screening as well as batching and blending of mineral aggregate into asphaltic concrete and 16 0106 133'7 portland cement concrete. (NOTE: Process- ing of mineral and aggregate material into secondary products, such as building mate- rials, is allowed in industrial zones and may be sited as part of a limited use combining zone in conformance with all plan amendment and zone change requirements of the county comprehensive plan and zoning ordinance.) (Ord. 90-014 § 2, 1990) Time -Share Unit. A. A dwelling unit, lot or parcel divided into periods of time under any arrangement, plan, scheme or device; whether by membership, agreement, share, tenancy in common, sale, lease, deed, rental agreement, license, right -to -use agreement or otherwise; where a purchaser, in exchange for consider- ation, 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 neces- sarily for consecutive years, which extends for a period of more than three years; or B. A dwelling 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 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. 83-033 § 1, 1983) Trailer. Any portable unit designed and built to be towed on its own chassis, com- prised of frame and wheels and which does not fall within the definitions of vacation trailer, manufactured home or prefabricated house. Includes boat trailers, bunk trailers, portable schoolrooms, and industrial, com- mercial or public offices and accessory uses. Trailer Park. An area of land upon which two or more travel trailers occupied for dwell- ing or sleeping purposes are located, the primary purpose of which is to rent space or keep space for rent. Trailer, Travel. See Vacation Trailer. Trailer, Vacation. A portable unit designed and built to be towed on its own chassis, comprised of frame and wheels, having sleep- ing, cooking and plumbing facilities indepen- dent of external utility connections, and intended for use principally as a temporary recreational or vacation residence. Transmission Facility. The conductors, lines, poles, towers, structures, corridors and construction staging and assembly areas necessary for or associated with the trans- mission of electricity from a hydroelectric facility for distribution. (Ord. 86-018 § 1, 1986) Traveler's Accommodations. Any establish- ment having rooms or apartments rented or kept for rent on a daily or weekly basis to travelers or transients for a charge or fee paid or to be paid for rental or use of facilities. [Tree. Any standing object of wood growth.] Unbuildable Area. An area in which a structure could not be built as a permitted use under existing development standards for the area under the existing Deschutes County Comprehensive Plan. (Ord. 83-037 § 2, 1983) Use. The purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained. Utility FacilitX. Any major structures, excluding hydroelectric facilities, owned or operated by a public, private or cooperative electric, fuel, communications, sewage or water company for the generation, transmis- sion, distribution or processing of its products or for the disposal of cooling water, waste or by-products, and including power transmission lines, major trunk pipelines, power substa- tions, 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. 86-018 § 2, 1986) Variance. An authorization for the con- struction or maintenance of a building or structure, or for the establishment or mainte- nance of a use of land, which is prohibited by a zoning Ordinance. A. Area Variance. A variance which does not concern a prohibited use. Usually 17 0106** 1338 granted to construct, alter or use a structure for a permitted use in a manner other than that prescribed by the zoning ordinance. B. Use Variance. A variance which permits a use of land other than that pre- scribed by the zoning or other applicable ordinances. Vision Clearance Area. A triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersec- tion of the lot lines to a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no plant- ing, walls, structures, or temporary or per- manent obstructions exceeding two and one- half feet in height measured from the grade of the street centerline. 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. (Ord. 89-009 § 2, 1989) 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. 86-056 § 2, 1986) Winter Solar Heating Hours. The time period extending two hours before and after the solar zenith on December 21. (Ord. 83- 037 § 2, 1983) Yard. An open space on a lot which is unobstructed from the ground upward except as otherwise provided in this ordinance. Yard. Front. A yard between side lot lines measured horizontally at right angles to the front lot line from the front lot line to the nearest point of a building. Any yard meeting this definition and adjoining on a street other than an alley shall be considered a front yard. Yard, Rear. A yard between side lot lines measured horizontally at right angles from the side lot line to the nearest point of a building. Yard, Side. A yard between the front and rear yard measured horizontally at right angles from the side lot lines to the nearest point of a building. Yard, Street Side. A yard adjacent to a street between the front yard and rear lot line measured horizontally and at right angles from the side lot line to the nearest point of a building. M 0106 1339 Chapter 18.08 BASIC PROVISIONS Sections: 18.08.010 Compliance 18.08.020 Existing Agreements and Zoning Permits 18.08.030 Terminology and Construction 18.08.010 Compliance. 1. A lot may be used and a structure or part of a structure may be constructed, recon- structed, altered, occupied or used only as this ordinance permits. No new structure shall be constructed on any lot of less area than the minimum for the zone in which it is located, excepted as provided by this ordinance and ORS 215.203 et. seq. 2. No dimensional requirement of this ordinance shall be violated after its terms become effective unless specifically provided for herein. 3. Except as specifically provided by this ordinance, no lot area, yard or other open space which is required by this ordinance for one use shall be used as the required lot area, yard or open space for another use. (Ord. 84- 023 § 2, 1984) 18.08.020 Existing Agreements and Zoning Permits. This ordinance does not repeal, abrogate or impair any existing easements, covenants, deed restrictions or zoning permits such as preliminary plat and partition approvals, conditional use permits, nonconforming use permits, temporary use permits, special excep- tions, or building permits. 18.08.030 Terminology and Construction. 1. Terminology. The word "County" shall mean the County of Deschutes, Oregon. The word 'Board" shall mean the Board of County Commissioners of the County of Deschutes. The words "Planning Commis- sion" and "Commission" shall mean the County Planning Commission of the County 19 0106 1340 of Deschutes duly appointed by the Board of County Commissioners. The words "Planning Director," "County Engineer," "County Clerk," "County Sanitarian," "County Surveyor," "Hearings Body [Officer]," "Tax Collector" and "Assessor" shall mean the Planning Director, County Engineer, County Clerk, County Sanitarian, County Surveyor, Hearings Body [Officer], Tax Collector and Assessor of the County of Deschutes. 2. Construction. Words used in the present tense include the future tense; words used in the singular include the plural and words used in the plural include the singular; the word "shall" is mandatory; the word "may" is permissive; the masculine shall include the feminine and neuter. Chapter 18.12 ESTABLISHMENT OF ZONES Sections: For the purpose of this 18.12.010 Establishment of Zones 18.12.020 Location of Zones 18.12.030 Zoning Map 18.12.040 Zone Boundaries 18.12.010 Establishment of Zones. For the purpose of this ordinance, the following zones are hereby established: Zones Abbreviations Exclusive Farm Use -320 EFU-320 Exclusive Farm Use -80 EFU-80 Exclusive Farm Use -40 EFU-40 Exclusive Farm Use -20 EFU-20 Multiple Use Agriculture MUA Forest Use F-1 Forest Use F-2 Forest Use F-3 Open Space/Conservation OS&C Surface Mining SM Surface Mining Impact Area SMIA Rural Residential RR -10 Rural Service Center RSC Rural Service Residential RSR -M Rural Service Residential -5 RSR -5 Airport Development A -D Airport Height Combining A -H Landscape Management Combining LM Wildlife Area Combining WA Conventional Housing Combining CH Flood Plain FP Rural Industrial R -I Research and Development R&D Planned Community Zone PC Limited Use Combining Zone LU 20 Dios 1341 18.12.020 Location of Zones. The boundaries for the zones listed in this ordinance are indicated on the Deschutes County Zoning Map which is hereby adopted by reference. The boundaries shall be modified in accordance with zoning map amendments which shall be adopted by reference. 18.12.030 Zoning Map. A zoning map amendment adopted by Section 18.12.020, above, or by an amendment thereto shall be prepared by authority of the Planning Director or Hearings Body [Officer] or Board of County Commissioners. The map or map amendment shall be dated with the effective date of the order or ordinance that adopts the map or map amendment. A certified print of the adopted map shall be maintained in the office of the County Clerk as long as the map adoption order or ordi- nance remains in effect. A copy of all map amendments, which shall contain a legal description of the area to be amended as well as a map reflecting the previous zoning and a map of the amendment, shall be maintained in the office of the County Clerk. 18.12.040 Zone Boundaries. Unless otherwise specified, zone boundaries are section lines, subdivision lines, lot lines, center lines of street or railroad rights-of-way, water courses, ridges or rimrocks, other readily recognizable or identifiable natural features, or the extension of such lines. Whenever uncertainty exists as to the boundary of a zone as shown on the zoning map or amendment thereto, the following rules shall apply: 1. Where a boundary line is indicated as following a street, alley, canal or railroad right-of-way, it shall be construed as following the centerline of such right-of-way. 2. Where a boundary line follows or approximately coincides with a section lines or division thereof, lot or property ownership line, it shall be construed as following such line. 3. If a zone boundary as shown on the zoning map divides a lot or parcel between two zones, the entire lot or parcel shall be deemed to be in the zone in which the greater area of the lot or parcel lies, provided that this adjustment involves a distance not exceeding 100 feet from the mapped zone boundary. This provision does not apply to areas zoned Floodplain. (Section 3.050, Selected Residential Areas for Single -Wide Mobile Homes, deleted by Ord. 91-005 § 3, 1991; Ord. 80-206 § 2, 1980) 21 0106 1342 Chapter 18.16 EXCLUSIVE FARM USE EFU-320 ZONE Sections: Uses 18.16.010 Purpose 18.16.020 Uses Permitted Outright 18.16.030 Conditional Uses Permitted 18.16.040 Limitations on Conditional 18.16.010 Purpose. The purposes of the Exclusive Farm Use Zone are to preserve and maintain agricul- tural lands for farm use, particularly range and grazing uses, consistent with existing and future needs for agricultural products, forests and open spaces; to conserve and protect products, forests and open spaces; to conserve and protect scenic resources; to maintain and improve the quality of air, water and land resources of the county and to establish criteria and standards for farm uses and related and supportive uses which are deemed appropriate. 18.16.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: [In an EFU-320 Zone, the following regulations shall apply:] A. Farm use as defined in ORS 215.203(2). B. Propagation or harvesting of a forest product. C. Utility facility necessary for public services, except landfills, or commercial facili- ties for the purpose of generating power for public use by sale. D. Dwellings, manufactured homes in accordance with Section 18.116.070 and other buildings customarily provided in conjunction with farm use as defined in ORS 215.203(2)(a). (Ord. 91-005 § 4, 1991) 22 0106 1343 E. Public or private schools. F. Churches. G. Livestock feed lot or sales yard. H. Exploration for minerals. (Ord. 91- 002 § 3, 1991) 18.16.030 Conditional Uses Permitted. A. Commercial activities in conjunction with farm uses. B. Operations conducted for exploration, mining and processing of geothermal resources as defined by ORS 522.005; explo- ration and extraction of natural gas or oil; surface mining mineral and aggregate resources exclusively for on-site personal, farm or forest use, or in conjunction with maintenance of irrigation canals. (Ord. 90- 014 § 23, 1990) C. Homestead retention when the entire parcel has been under single ownership for at least the preceding ten consecutive years and the parcel occupies not less than 320 acres. This use will permit the owner to convey the parcel but retain a leasehold interest in the residence and the land underlying the resi- dence up to a maximum of five acres. In no case shall another residence be constructed elsewhere on the parcel except in confor- mance with the terms of this section. The leasehold interest shall extend throughout the lifetimes of the seller and his or her spouse. D. Manufactured home as a secondary accessory farm dwelling, subject to Section 18.116.070. (Ord. 91-005 § 5, 1991) E. Single-family residential dwellings as defined in ORS 215.213(3). F. Private parks, playgrounds, hunting and fishing preserves and campgrounds. G. Parks, playgrounds or community centers owned and operated by a govern- mental agency or a non-profit community organization. H. Golf courses. I. Commercial utility facilities for the purpose of generating power for public use by sale. J. Personal -use landing strips for air- planes and helicopter pads, including associ- Uses 18.16.050 Dimensional Standards 18.16.060 Yards 18.16.070 Stream Setback 18.16.080 Rimrock Setback 18.16.010 Purpose. The purposes of the Exclusive Farm Use Zone are to preserve and maintain agricul- tural lands for farm use, particularly range and grazing uses, consistent with existing and future needs for agricultural products, forests and open spaces; to conserve and protect products, forests and open spaces; to conserve and protect scenic resources; to maintain and improve the quality of air, water and land resources of the county and to establish criteria and standards for farm uses and related and supportive uses which are deemed appropriate. 18.16.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: [In an EFU-320 Zone, the following regulations shall apply:] A. Farm use as defined in ORS 215.203(2). B. Propagation or harvesting of a forest product. C. Utility facility necessary for public services, except landfills, or commercial facili- ties for the purpose of generating power for public use by sale. D. Dwellings, manufactured homes in accordance with Section 18.116.070 and other buildings customarily provided in conjunction with farm use as defined in ORS 215.203(2)(a). (Ord. 91-005 § 4, 1991) 22 0106 1343 E. Public or private schools. F. Churches. G. Livestock feed lot or sales yard. H. Exploration for minerals. (Ord. 91- 002 § 3, 1991) 18.16.030 Conditional Uses Permitted. A. Commercial activities in conjunction with farm uses. B. Operations conducted for exploration, mining and processing of geothermal resources as defined by ORS 522.005; explo- ration and extraction of natural gas or oil; surface mining mineral and aggregate resources exclusively for on-site personal, farm or forest use, or in conjunction with maintenance of irrigation canals. (Ord. 90- 014 § 23, 1990) C. Homestead retention when the entire parcel has been under single ownership for at least the preceding ten consecutive years and the parcel occupies not less than 320 acres. This use will permit the owner to convey the parcel but retain a leasehold interest in the residence and the land underlying the resi- dence up to a maximum of five acres. In no case shall another residence be constructed elsewhere on the parcel except in confor- mance with the terms of this section. The leasehold interest shall extend throughout the lifetimes of the seller and his or her spouse. D. Manufactured home as a secondary accessory farm dwelling, subject to Section 18.116.070. (Ord. 91-005 § 5, 1991) E. Single-family residential dwellings as defined in ORS 215.213(3). F. Private parks, playgrounds, hunting and fishing preserves and campgrounds. G. Parks, playgrounds or community centers owned and operated by a govern- mental agency or a non-profit community organization. H. Golf courses. I. Commercial utility facilities for the purpose of generating power for public use by sale. J. Personal -use landing strips for air- planes and helicopter pads, including associ- ated hangar, maintenance and service facilities. [A personal -use landing strip as used in this section means an airstrip restricted, except for aircraft emergencies, to use by the owner, and on an infrequent and occasional basis by his invited guests, and by commercial aviation activities in connection with agricultural operations. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aero- nautics Division in specific instances. A personal -use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regula- tions of the Aeronautics Division.] K. Home occupations carried on by residents as an accessory use within their dwelling or other buildings customarily pro- vided in conjunction with farm use. L. A facility for the primary processing of forest products, provided that such a facil- ity is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one- year period which is renewable. These facili- ties are intended to be only portable or tem- porary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other similar method of initial treat- ment of a forest product in order to enable its shipment to market. Forest products, as used in this section, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. M. The boarding of horses for profit. N. Pre-existing dwelling as a ranch hand residence, provided there shall not be more than one such conditional use permitted for each 20 acres in the farm unit and the Plan- ning Director or Hearings Body finds that the occupant of the dwelling will be an employee of the owner, or an immediate family member, engaged in the farm operation. No 23 0106 1344 parcel of less than 20 acres shall be consid- ered a farm unit for the purpose of this subsection unless it is demonstrated to the Planning Director or Hearings Body that a smaller land unit is a commercial agricultural enterprise [viable farm unit]. (Ord. 83-028 § 1, 1983) O. Hydroelectric facility, in accordance with Sections 18.116.130 and 18.128.040(V). (Ord. 86-018 § 3, 1986) P. A single-family dwelling or a manu- factured home in accordance with Section 18.116.070 customarily provided in conjunc- tion with farm use, on pre-existing noncon- forming lot as defined in Sections 18.04.030 and 18.120.020, subject to the following cri- teria: a. The lot is currently employed for farm use where the day-to-day activities are principally directed to the farm use of the land. b. The lot is of sufficient size to demon- strate commercial production of food, fiber or livestock using innovative and/or intensive farming practices, during at least two of the previous three years. C. The soil, growing season, water and energy are adequate and available for the farm use. d. The markets for the farm product are demonstrable. e. The proposed dwelling on the lot will not adversely affect adjacent and surrounding commercial agricultural operations. f. The proposed dwelling on the lot will not force a significant change in or signifi- cantly increase the cost of accepted farming practices on nearby agricultural land. g. The lot and the farm use on it are appropriate for the continuation of the exist- ing commercial agricultural operations in the area. (Ord. 91-005 § 6,1991; Ord. 87-013 § 1, 1987) Q. Dog kennels. (Ord. 90-018 § 1, 1990) P. Storage, crushing and processing of minerals, including the processing of aggre- gate into asphaltic concrete or portland cement concrete, when such uses are in conjunction with the maintenance or construc- tion of public roads or highways. (Ord. 90- 014 § 31, 1990) S. Landfills tentatively approved by the Department of Environmental Quality. (Ord. 91-014 § 1, 1991) 18.16.040 Limitations on Conditional Uses. The following limitations shall apply to a conditional use in an EFU-320 Zone: A. Conditional uses permitted by Section 18.16.030, above, may be established on non- productive agricultural lands subject to the criteria set forth in paragraph(B), below, and upon a finding by the Planning Director or Hearings Body [Officer] that each use: a. Is compatible with farm uses described in ORS 215.203(2), the intent and purpose set forth in ORS 215.243, the Com- prehensive Plan and this ordinance. b. Does not interfere seriously with accepted farming practices as defined in ORS 215.203(2)(c) on adjacent lands devoted to farm uses. C. Does not materially alter the stability of the overall land use pattern of the area. d. If situated upon generally unsuitable land for the production of farm crops and livestock, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract. B. Criteria to evaluate conditional uses: a. Immediate and future impact on public services, existing road systems and traffic demands. b. Soil type and its development limita- tions, including slides, erosion, flooding and drainage. C. Agricultural productivity including food productivity and the production of any usable agricultural product which requires open space and a non -urban environment. d. Development minimizes potential adverse effects on terrain, slope and ground cover. 24 0106 1345 e. Development is compatible with the existing land use pattern and the character of the overall area. f. An adequate quantity and quality of water, either subsurface or other sanitary disposal system and adequate provisions for solid waste disposal. g. Conversion of agricultural lands to non-farm uses shall be based upon consider- ation of the following factors: 1. Environmental, energy, social and economic consequences. 2. Compatibility of the proposed use with related agricultural land. 3. The retention of Class I through VI soils in farm use. 18.16.050 Dimensional Standards. In an EFU-320 Zone, the following dimen- sional standards shall apply: A. 320 acres. B. The minimum lot area for all non- farm uses permitted by this section shall be as determined by the Planning Director or Hearings Body [Officer] necessary to carry out the intent of this ordinance and the Com- prehensive Plan; in no case shall such mini- mum lot area be less than one acre. a. Compliance with applicable Compre- hensive Plan policies. b. Compatibility with adjoining land uses. C. Resource carrying capacities. d. Possible effects on overall land use patterns of the area. e. Retention of the maximum possible agricultural land for farm uses. C. The minimum average lot width shall be 100 feet with a minimum street frontage of 50 feet. D. The minimum average lot depth shall be 150 feet. 18.16.060 Yards. A. The minimum yard setback of a non- farm use from the property line adjacent to a farm use not owned by the applicant shall be 100 feet. B. The minimum front yard setback shall be 20 feet for property fronting on a local street right-of-way, 30 feet from a prop- erty line on a major collector right-of-way and 80 feet from an arterial right-of-way unless other provisions for combining accesses are provided and approved by the county. C. Each side yard shall be a minimum of 20 feet, except that on corner lots or parcels the side yard on the street side shall be a minimum of 30 feet. D. Rear yards shall be a minimum of 25 feet. E. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 5, 1983) 18.16.070 Stream Setback. To permit better light, air, vision, stream pollution control, protect fish and wildlife areas and to preserve the natural scenic amenities and vistas along the streams and lakes, the following setback shall apply: A. All sewage disposal installations such as septic tanks and drainfields shall be set back from the ordinary high water mark [mean high-water line or mark] along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water [line or] mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning Direc- tor or Hearings Body [Officer] may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar permanent fixtures shall be set back from the high water line along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water [line or] mark. 18.16.080 Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 2, 1986) 25 0106 1346 Chapter 18.20 EXCLUSIVE FARM USE EFU-80 ZONE Sections: 18.20.010 Purpose 18.20.020 Uses Permitted Outright 18.20.030 Conditional Uses Permitted 18.20.040 Limitations on Conditional Uses 18.20.050 Dimensional Standards 18.20.060 Yards 18.20.070 Stream Setback 18.20.080 Rimrock Setback 18.20.010 Purpose. The purposes of the Exclusive Farm Use Zone are to preserve and maintain agricul- tural lands for farm use, particularly range and grazing uses, consistent with existing and future need for agricultural products, forests and open spaces; to conserve and protect scenic resources; to maintain and improve the quality of air, water and land resources of the county and to establish criteria and standards for farm uses and related and supportive uses which are deemed appropriate. 18.20.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: [In an EFU-80 Zone, the following regulations shall apply:] A. Farm Use as defined in ORS 215.203(2). B. Propagation or harvesting of a forest product. C. Utility facility necessary for public services, except landfills or commercial facili- ties for the purpose of generating power for public use by sale. D. Dwellings, manufactured homes in accordance with Section 18.116.070 and other buildings customarily provided in conjunction with farm use as defined in ORS 215.203(2)(a). (Ord. 91-005 § 7, 1991) E. Public or private schools. F. Churches. 0106 1347 G. Livestock feed lot or sales lot. H. Exploration for minerals. (Ord 91- 002 § 4, 1991) 18.20.030 Conditional Uses Permitted. A. Commercial activities in conjunction with farm use. B. Operations conducted for exploration, mining and processing of geothermal resources as defined by ORS 522.005; explo- ration and extraction of natural gas or oil; surface mining mineral and aggregate resources exclusively for on-site personal, farm or forest use, or in conjunction with maintenance of irrigation canals. (Ord. 90- 014 § 24, 1990) C. Homestead retention when the entire parcel has been under single ownership for at least the preceding ten consecutive years and the parcel occupies not less than 320 acres. This use will permit the owner to convey the parcel but retain a leasehold interest in the residence and the land underlying the resi- dence up to a maximum of five acres. In no case shall another residence be constructed elsewhere on the parcel, except in confor- mance with the terms of this section. The leasehold interest shall extend throughout the lifetimes of the seller and his or her spouse. D. Manufactured home as a secondary accessory farm dwelling, subject to Section 18.116.070. (Ord. 91-005 § 8, 1991) E. Single-family residential dwellings as defined in ORS 215.213(3). F. Private parks, playgrounds, hunting and fishing preserves and campgrounds. G. Parks, playgrounds or community centers owned and operated by a govern- mental agency or a non-profit community organization. H. Golf courses. I. Commercial utility facilities for the purpose of generating power for public use by sale. J. Personal -use landing strips for air- planes and helicopter pads, including associ- ated hangar, maintenance and service facili- ties. [A personal -use landing strip as used in this section means an airstrip restricted, except for aircraft emergencies, to use by the owner, and on an infrequent and occasional basis, by his invited guests, and by commercial aviation activities in connection with agricul- tural operation. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal -use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division.] K. Home occupations carried on by residents as an accessory use within their dwelling or other buildings customarily pro- vided in conjunction with farm use. L. A facility for the primary processing of forest products, provided that such a facil- ity is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one- year period which is renewable. These facili- ties are intended to be only portable or tem- porary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other similar method of initial treat- ment of a forest product in order to enable its shipment to market. Forest products, as used in this section, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. M. The boarding of horses for profit. N. Pre-existing dwellings as a ranch hand residence, provided there shall not be more than one such conditional use permitted for each 20 acres in the farm unit, and the Plan- ning Director or Hearings Body finds that the occupant of the dwelling will be an employee of the owner, or an immediate facility member, engaged in the farm operation. No parcel of less than 20 acres shall be consid- ered a farm unit for the purpose of this 27 0106 1348 subsection unless it is demonstrated to the Planning Director or Hearings Body that a smaller land unit is a commercial agricultural enterprise [viable farm unit]. (Ord. 83-028 § 2, 1983) O. Hydroelectric facility, in accordance with Sections 18.116.130 and 18.128.040(V). (Ord. 86-018 § 4, 1986) P. A single-family dwelling or a manu- factured home in accordance with Section 18.116.070 customarily provided in conjunc- tion with farm use, on a pre-existing noncon- forming lot as defined in Sections 18.04.030 and 18.120.020, subject to the following cri- teria: a. The lot is currently employed for farm use where the day-to-day activities are principally directed to the farm use of the land. b. The lot is of sufficient size to demon- strate commercial production of food, fiber or livestock using innovative and/or intensive farming practices, during at least two of the previous three years. C. The soil, growing season, water and energy are adequate and available for the farm use. d. The markets for the farm product are demonstrable. e. The proposed dwelling on the lot will not adversely affect adjacent and surrounding commercial agricultural operations. f. The proposed dwelling on the lot will not force a significant change in or signifi- cantly increase the cost of accepted farming practices on nearby agricultural land. g. The lot and the farm use on it are appropriate for the continuation of the exist- ing commercial agricultural operations in the area. (Ord. 91-005 § 9,1991; Ord. 87-013 § 2, 1987) Q. Dog kennels. (Ord. 90-018 § 2, 1990) R. Storage, crushing and processing of minerals, including the processing of aggre- gate into asphaltic concrete or portland cement concrete, when such uses are in con- junction with the maintenance or construction of public roads or highways. (Ord. 90-014 § 32, 1990) 18.20.040 Limitations on Conditional Uses. The following limitations shall apply to a conditional use in an EFU-80 Zone: A. Conditional uses permitted by Section 18.20.030, above, may be established on non- productive agricultural lands subject to the criteria set forth in paragraph(B), below, and upon a finding by the Planning Director or Hearings Body [Officer] that each use: a. Is compatible with farm uses described in ORS 215.203(2), the intent and purpose set forth in ORS 215.243, the Com- prehensive Plan and this ordinance. b. Does not interfere seriously with accepted farming practices as defined in ORS 215.203(2)(c) on adjacent lands devoted to farm uses. C. Does not materially alter the stability of the overall land use pattern of the area. d. Is situated upon generally unsuitable land for the production of farm crops and livestock, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract. B. Criteria to Evaluate Conditional Uses: a. Immediate and future impact on public services, existing road systems and traffic demands. b. Soil type and its development limita- tions, including slides, erosion, flooding and drainage. C. Agricultural productivity, including food productivity and the production of any usable agricultural product which requires open space and a non -urban environment. d. Development minimizes potential adverse effects on terrain, slope and ground cover. e. Development is compatible with the existing land use pattern and the character of the overall area. f. An adequate quantity and quality of water, either subsurface or other sanitary W., 0106 1349 disposal system and adequate provisions for solid waste disposal. g. Conversion of agricultural lands to non-farm uses shall be based upon consider- ation of the following factors: 1. Environmental, energy, social and economic consequences. 2. Compatibility of the proposed use with related agricultural land. 3. The retention of Class I through VI soils in farm use. 18.20.050 Dimensional Standards. In an EFU-80 Zone, the following dimen- sional standards shall apply: A. 80 acres. B. The minimum lot area for all non- farm uses permitted by this section shall be as determined by the Planning Director or Hearings Body necessary to carry out the intent of this ordinance and the Comprehen- sive Plan; in no case shall such minimum lot area by less than one acre, a. Compliance with applicable Compre- hensive Plan policies. b. Compatibility with adjoining land uses. C. Resources carrying capacities. d. Possible effects on overall land use patterns of the area. e. Retention of the maximum possible agricultural land for farm uses. C. The minimum average lot width shall be 100 feet with a minimum street frontage of 50 feet, except for lots in flood plain or ripar- ian meadows, where, measured parallel to the 100 -year flood plain high water line, as identi- fied in U. S. Housing and Development Flood Hazard Boundary Map, Community Panel No. 410055/001-0016, and the U. S. Corps of Engineers Flood Plain Information Study for the Little Deschutes River, minimum average lot width shall be 100 yards. D. The minimum average lot depth shall be 150 feet. E. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 6, 1983) 18.20.060 Yards. A. The minimum yard setback of a non- farm use from the property line adjacent to a farm use not owned by the applicant shall be 100 feet. B. The minimum front yard setback shall be 20 feet from property fronting on a local street right-of-way, 30 feet from a prop- erty line on a major collector right-of-way and 80 feet from an arterial right-of-way unless other for combining accesses are provided and approved by the county. C. Each side yards shall be a minimum of 20 feet, except that on corner lots or par- cels the side yard on the street side shall be a minimum of 30 feet. D. Rear yards shall be a minimum of 25 feet. 18.20.070 Stream Setback. To permit better light, air, vision, stream pollution control, protect fish and wildlife areas and to preserve the natural scenic amenities and vistas along the streams and lakes, the following setbacks shall apply: A. All sewage disposal installations such as septic tanks and drainfields shall be set back from the ordinary high water mark [mean high-water line or mark] along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water [line or] mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning Direc- tor or Hearings Body [Officer] may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar permanent fixtures shall be set back from the high water line along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water [line or] mark. C 0106 1350 18.20.080 Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 3, 1986) Chapter 18.24 EXCLUSIVE FARM USE EFU-40 ZONE Sections: 18.24.010 Purpose 18.24.020 Uses Permitted Outright 18.24.030 Conditional Uses Permitted 18.24.040 Limitations on Specific Conditional Uses 18.24.050 Dimensional Standards 18.24.060 Yards 18.24.070 Stream Setbacks 18.24.080 Rimrock Setback 18.24.010 Purpose. The purposes of the Exclusive Farm Use Zone are to preserve and maintain agricul- tural lands for farm use, particularly range and grazing uses, consistent with existing and future needs for agricultural products, forests and open spaces; to conserve and protect scenic resources; to maintain and improve the quality of the air, water and land resources of the county and to establish criteria and stan- dards for farm uses and related and suppor- tive uses which are deemed appropriate. 18.24.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: [In an EFU-40 Zone, the following regulations shall apply:] A. Farm use as defined in ORS 215.203(2). B. Propagation or harvesting of a forest product. C. Utility facilities necessary for public service, except landfills or commercial facili- ties for the purpose of generating power for public use by sale. D. Dwellings, manufactured homes in accordance with Section 18.116.070 and other buildings customarily provided in conjunction with farm use as defined in ORS 215.203(2)(a). (Ord. 91-005 § 10, 1991) E. Public or private schools. F. Churches. 0106 1351 G. Livestock feed lot or sales yard. H. Exploration for minerals. (Ord. 91- 002 § 5, 1991) 18.24.030 Conditional Uses Permitted. A. Landfills when a written tentative approval by the DEQ of the site is submitted with the conditional use application. B. Private parks, playgrounds, hunting and fishing preserves and campgrounds. C. Parks, playgrounds or community centers owned and operated by a govern- mental agency or non-profit community organization. D. Golf courses. E. Home occupation carried on by residents as an accessory use within their dwelling or other buildings customarily pro- vided in conjunction with farm use. F. Personal -use landing strips for air- planes and helicopter pads, including associ- ated hangar, maintenance and service facili- ties. [A personal -use landing strip as used in this section means an airstrip restricted, except for aircraft emergencies, to use by the owner, and on an infrequent and occasional basis by his invited guests, and by commercial aviation activities in connection with agricul- tural operations. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A person -use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any appli- cable regulations of the Aeronautics Division.] G. Homestead retention when the entire parcel has been under single ownership for at least the preceding ten consecutive years, and the parcel occupies not less than 40 acres. This use will permit the owner to convey the parcel but retain a leasehold interest in the residence and the land underlying the resi- dence up to a maximum of five acres. In no case shall another residence be constructed elsewhere on the parcel except in conformance with the terms of this section. The leasehold interest shall extend through- out the lifetimes of the seller and his or her spouse. H. Manufactured home as a secondary accessory farm dwelling, subject to the re- quirements set forth in Section 18.116.070. (Ord. 91-005 § 11, 1991) I. Operations conducted for explora- tion, mining and processing of geothermal resources as defined by ORS 522.005; explo- ration and extraction of natural gas or oil; surface mining mineral and aggregate resources exclusively for on-site personal, farm or forest use, or in conjunction with maintenance of irrigation canals. (Ord. 90- 014 § 25, 1990) J. Commercial activities in conjunction with farm use. K. Commercial utility facilities for the purpose of generating power for public use by sale. L. A facility for the primary processing of forest products, provided that such a facil- ity is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one- year period which is renewable. These facili- ties are intended to be only portable or tem- porary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other similar method of initial treat- ment of a forest product in order to enable its shipment to market. Forest products, as used in this section, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. M. Single-family dwelling or a manufac- tured home in accordance with Section 18.116.070 not provided in conjunction with farm use. (Ord. 91-005 § 12, 1991) N. Pre-existing dwelling as a ranch hand residence, provided there shall not be more than one such conditional use permitted for each 20 acres in the farm unit and the Plan- ning Director or Hearings Body finds that the 31 0106 1352 occupant of the dwelling will be an employee of the owner, or an immediate family member, engaged in the farm operation. No parcel of less than 20 acres shall be consid- ered a farm unit for the purpose of this subsection unless it is demonstrated to the Planning Director or Hearings Body that a smaller land unit is a commercial agricultural enterprise [viable farm unit]. (Ord. 83-028 § 3, 1983) O. Hydroelectric facility, in accordance with Sections 18.116.130 and 18.128.040(V). (Ord. 86-018 § 5, 1986) P. A single-family dwelling or a manu- factured home in accordance with Section 18.116.070 customarily provided in conjunc- tion with farm use, on a pre-existing noncon- forming lot as defined in Sections 18.04.030 and 18.120.020, subject to the following cri- teria: a. The lot is currently employed for farm use where the day-to-day activities are principally directed to the farm use of the land. b. The lot is of sufficient size to demon- strate commercial production of food, fiber or livestock using innovative and/or intensive farming practices, during at least two of the previous three years. C. The soil, growing season, water and energy are adequate and available for the farm use. d. The markets for the farm product are demonstrable. e. The proposed dwelling on the lot will not adversely affect adjacent and surrounding commercial agricultural operations. f. The proposed dwelling on the lot will not force a significant change in or signifi- cantly increase the cost of accepted farming practices on nearby agricultural land. g. The lot and the farm use on it are appropriate for the continuation of the exist- ing commercial agricultural operations in the area. (Ord. 91-005 § 13, 1991; Ord. 87-013 § 3, 1987) Q. Dog kennels. (Ord. 90-018 § 3, 1990) R. Storage, crushing and processing of minerals, including the processing of aggre- gate into asphaltic concrete or portland cement concrete, when such uses are in con- junction with the maintenance or construction of public roads or highways. (Ord. 90-014 § 33, 1990) 18.24.040 Limitations on Specific Conditional Uses. The following limitations shall apply to a conditional use in an EFU-40 Zone: A. Conditional uses permitted by Section 18.24.030 above, may be established on non- productive agricultural lands subject to the criteria set forth in paragraph (B) of this section and upon a finding by the Planning Director or Hearings Body [Officer] that each use: a. Is compatible with farm uses described in ORS 215.203(2), the intent and purpose set forth in ORS 215.243, the Com- prehensive Plan and this ordinance. b. Does not interfere seriously with accepted farming practices as defined in ORS 215.203(2)(c) on adjacent lands devoted to farm uses. C. Does not materially alter the stability of the overall land use pattern of the area. d. Is situated upon generally unsuitable land for the production of farm crops and livestock, considering terrain, adverse soil or land conditions, drainage and flooding, vege- tation, location and size of the tract. B. Criteria to evaluate conditional uses: a. Immediate and future impacts on public services, existing road systems and traffic demands, and irrigation distribution systems. b. Soil type and its development limita- tions, including slides, erosion, flooding and drainage, and provisions to minimize possible adverse effects resulting therefrom. C. Agricultural productivity, including food productivity and the production of any useable agricultural product which requires open space and a non -urban environment. 32 0106 1353 d. Development minimizes potential adverse effects on terrain, slope and ground cover. e. Development is compatible with the existing land use pattern and the character of the overall area. f. An adequate quantity and quality of water, either subsurface or other sanitary disposal system and adequate provisions of solid waste disposal. g. Conversion of agricultural lands to non-farm uses shall be based upon consider- ation of the following factors: 1. Environmental, energy, social and economic consequences. 2. Compatibility of the proposed use with related agricultural land. 3. The retention of Class I through VI soils in farm use. h. Is not located within one-quarter mile of a dairy farm, feed lot, sales yard, slaugh- terhouse or poultry, hog or mink farm, unless adequate provisions are provided and approved by the Planning Director or Hear- ings Body for a buffer between such uses. The establishment of a buffer shall consider such factors as prevailing winds, drainage, expansion potential of affected agricultural uses, open space and any other factor that may affect the livability of such proposed use of the agriculture of the area. 18.24.050 Dimensional Standards. In an EFU-40 Zone, the following dimen- sional standards shall apply: A. 40 acres. B. The minimum lot area for any non- farm use permitted by this section shall be that as determined the Planning Director or Hearings Body [Officer] necessary to carry out the intent and purposes of ORS Chapter 215, the Comprehensive Plan and this ordi- nance. In no case shall lot areas be less than one acre except in the case of a planned development with an equivalent density factor. C. The minimum average lot width shall be 100 feet with a minimum street frontage of 50 feet, except for lots in flood plain or ripar- ian meadows, where measured parallel to the 100 -year flood plain high water line, as identi- fied in U. S. Housing and Development Flood Hazard Boundary Map Community Panel No. 410055/001-0016 and the U. S. Corps of Engi- neers Flood Plain Information Study for the little Deschutes River, the minimum average lot width shall be 100 yards. D. The minimum average lot depth shall be 150 feet. 18.24.060 Yards. A. The front yard setback from the property line shall be a minimum of 100 feet if the front property line is adjacent to an intensive agricultural use; otherwise the front yard shall be 20 feet for property fronting on a local minor collector or marginal access street right-of-way, 30 feet from a property line fronting on a major collector right-of-way and 80 feet from an arterial right-of-way unless other provisions for combining accesses are provided and approved by the county. B. Each side yard shall be a minimum of 20 feet, except that on corner lots or parcels, the side yard on the street side shall be a minimum of 30 feet, and for parcels or lots with side yards adjacent to an intensive agri- cultural use, the adjacent side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except for parcels or lots with rear yards adjacent to an intensive agricultural use, rear yards shall be a minimum of 100 feet.The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. D. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 7, 1983) 18.24.070 Stream Setbacks. To permit or afford better light, air, vision, stream pollution control, protect fish and wildlife areas and to preserve the natural scenic amenities and vistas along the streams and lakes, the following setbacks shall apply: 33 0106 1354 A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the ordinary high water [line or] mark along all streams or lakes a mini- mum of 100 feet, measured at right angles to the ordinary high water [line or] mark. In those cases where practical difficulties pre- clude the location of the facilities at a dis- tance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning Director or Hearings Body [Officer] may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water [line or] mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water [line or] mark. 18.24.080 Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 4, 1986) Chapter 18.28 EXCLUSIVE FARM USE EFU-20 ZONE Sections: 18.28.010 Purpose 18.28.020 Uses Permitted Outright 18.28.030 Conditional Uses Permitted 18.28.040 Limitations on Specific Conditional Uses 18.28.050 Dimensional Standards 18.28.060 Yards 18.28.070 Stream Setbacks 18.28.080 Rimrock Setback 18.28.010 Purposes. The purposes of the Exclusive Farm Use Zone are to preserve and maintain ;agricul- tural lands for farm use, particularly range and grazing uses, consistent with existing and future needs for agricultural products, forests and open spaces; to conserve and protect scenic resources; to maintain and improve the quality of the air, water and land resources of the county and to establish criteria and stan- dards for farm uses and related and suppor- tive uses which are deemed appropriate. 18.28.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: [In an EFU-20 Zone, the following regulations shall apply:] A. Farm use as defined in ORS 215.203(2). B. Propagation or harvesting of a forest product. C. Utility facilities necessary for public service, except landfills or commercial facili- ties for the purpose of generating power for public use by sale. D. Dwellings, manufactured homes in accordance with Section 18.116.070 and other buildings customarily provided in conjunction with farm use as defined in ORS 215.203(2)(a). (Ord. 91-005 § 14, 1991) E. Public or private schools. F. Churches. 34 0106 1355 G. Livestock feed lot or sales lot. (Animal Hospital repealed by Ord. 86-007 § 1, 1986; Ord. 81-025 § 1, 1981; Ord. 81-001 § 1, 1981) H. Exploration for minerals. (Ord. 91- 002 § 6, 1991) 18.28.030 Conditional Uses Permitted. A. Landfills when a written tentative approval by the DEQ of the site is submitted with the conditional use application. B. Commercial activities in conjunction with farm use. C. Manufactured home as a secondary accessory farm dwelling, subject to Section 18.116.070. (Ord. 91-005 § 15, 1991) D. Operations conducted for exploration, mining and processing of geothermal resources as defined by ORS 522.005; explo- ration and extraction of natural gas or oil; surface mining mineral and aggregate resources exclusively for on-site personal, farm or forest use, or in conjunction with maintenance of irrigation canals. (Ord. 90- 014 § 26, 1990) E. Private parks, playgrounds, hunting and fishing preserves and campgrounds. F. Parks, playgrounds or community centers owned and operated by a govern- mental agency or non-profit community organization. G. Personal -use landing strips for air- planes and helicopter pads, including associ- ated hangar, maintenance and service facili- ties. [A personal -use landing strip as used in this section means an airstrip restricted, except for aircraft emergencies, to use by the owner, and on an infrequent and occasional basis, by his invited guests, and by commercial aviation activities in connection with agricul- tural operations. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal -use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division.] H. Golf courses. I. Commercial utility facilities for the purpose of generating power for public use by sale. J. Home occupations carried on by residents as an accessory use within their dwelling or other buildings customarily pro- vided in conjunction with farm use. K. A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with accep- ted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other similar method of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in this section, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. L. The boarding of horses for profit. M. A single-family dwelling or a manu- factured home in accordance with Section 18.116.070 not provided in conjunction with farm use. (Ord. 91-005 § 16, 1991) N. Homestead retention when the entire parcel has been under single ownership for at least the preceding ten consecutive years, and the parcel occupies not less than 40 acres. This use will permit the owner to convey the parcel but retain a leasehold interest in the residence and the land underlying the resi- dence up to a maximum of five acres. In no case shall another residence be constructed elsewhere on the parcel except in confor- mance with the terms of this section. The leasehold interest shall extend throughout the lifetimes of the seller and his or her spouse. O. Pre-existing dwelling as a ranch hand residence, provided there shall not be more 35 0106 1056 than one such conditional use permitted for each 20 acres in the farm unit and the Plan- ning Director or Hearings Body finds that the occupant of the dwelling will be an employee of the owner, or an immediate family member, engaged in the farm operation. No parcel of less than 20 acres shall be consid- ered a farm unit for the purpose of this subsection unless it is demonstrated to the Planning Director or Hearings Body that a smaller land unit is a commercial agricultural enterprise [viable farm unit]. (Ord. 83-028 § 4, 1983) P. Hydroelectric facility, in accordance with Sections 18.116.130 and 18.128.040(V). (Ord. 86-018 § 6, 1986) O. A single-family dwelling or a manu- factured home in accordance with Section 18.116.070, customarily provided in conjunc- tion with farm use, on a pre-existing noncon- forming lot as defined in Sections 18.04.030 and 18.120.020, subject to the following cri- teria: a. The lot is currently employed for farm use where the day-to-day activities are principally directed to the farm use of the land. b. The lot is of sufficient size to demon- strate commercial production of food, fiber or livestock using innovative and/or intensive farming practices, during at least two of the previous three years. C. The soil, growing season, water and energy are adequate and available for the planned farm use. d. The markets for the farm product are demonstrable. e. The proposed dwelling on the lot will not adversely affect adjacent and surrounding commercial agricultural operations. f. The proposed dwelling on the lot will not force a significant change in or signifi- cantly increase the cost of accepted farming practices on nearby agricultural land. g. The lot and the farm use on it are appropriate for the continuation of the existing commercial agricultural operations in the area. (Ord. 91-005 § 17, 1991; Ord. 87- 013 § 4, 1987) R. Dog kennels. (Ord. 90-018 § 4, 1990) S. Storage, crushing and processing of minerals, including the processing of aggre- gate into asphaltic concrete or portland cement concrete, when such uses are in con- junction with the maintenance or construction of public roads or highways. (Ord. 90-014 § 34, 1990) 18.28.040 Limitations on Specific Conditional Uses. The following limitations shall apply to a conditional use in an EFU-20 Zone: A. Conditional uses permitted by Section 18.28.030 above, may be established on non- productive agricultural lands subject to the criteria set forth in paragraph (B) below, and upon a finding by the Planning Director or Hearings Body [Officer] that each use: a. Is compatible with farm uses described in ORS 215.203(2), the intent and purpose set forth in ORS 215.243, the Com- prehensive Plan and this ordinance. b. Does not interfere seriously with accepted farming practices as defined in ORS 215.203(2)(c) on adjacent lands devoted to farm uses. C. Does not materially alter the stability of the overall land use pattern of the area. d. Is situated upon generally unsuitable land for the production of farm crops and livestock, considering terrain, adverse soil or land conditions, drainage and flooding, vege- tation, location and size of the tract. B. Criteria to evaluate conditional uses: a. Immediate and future impact on public services, existing road systems and traffic demands and irrigation distribution systems. b. Soil type and its development limita- tions, including slides, erosion, flooding and drainage and provisions to minimize possible adverse effects resulting therefrom. C. Agricultural productivity, including food productivity and the production of any usable agricultural product which requires open space and a non -urban environment. 36 0106 135'7 d. Development minimizes potential adverse effects on terrain, slope and ground cover. e. Development is compatible with the existing land use pattern and character of the overall area. f. An adequate quantity and quality of water, either subsurface or other sanitary disposal system and adequate provisions for solid waste disposal. g. Conversion of agricultural lands to non-farm uses shall be based upon consider- ation of the following factors: 1. Environmental, energy, social and economic consequences. 2. Compatibility of the proposed use with related agricultural land. 3. The retention of Class I through VI soils in farm use. h. Shall not be located within one- quarter mile of a dairy farm, feed lot, sales yard, slaughterhouse, hog or mink farm, or agricultural lands capable of being intensively farmed, unless adequate provisions are pro- vided and approved by the Planning Director or Hearings Body for a buffer between such uses. The establishment of a buffer shall consider such factors as prevailing winds, drainage, expansion potential of affected agricultural uses, open space and any other factor that may affect the livability of such proposed use or the agriculture of the area. 18.28.050 Dimensional Standards. In an EFU-20 Zone, the following dimen- sional standards shall apply: A. 20 acres. B. The minimum lot area for all uses permitted by Section 18.28.030 shall be that determined by the Planning Director or Hearings Body [Officer] necessary to carry out the intent and purposes of ORS Chapter 215, this ordinance and the Comprehensive Plan. In no case shall lot areas be less than one acre except in a planned development having an equivalent density factor. C. The minimum average lot width shall be 100 feet with a minimum street frontage of 50 feet. D. The minimum average lot depth shall be 150 feet. 18.28.060 Yards. A. The front yard setback from the property line shall be a minimum of 100 feet if such line is adjacent to an intensive agricul- tural use; otherwise, front yard shall be 20 feet for property fronting on a local street right-of-way, 30 feet from a property line fronting on a collector right-of-way and 80 feet from an arterial right-of-way unless other provisions for combining accesses are pro- vided and approved by the county. B. Each side yard shall be a minimum of 20 feet, except that on corner lots or parcels, the side yards adjacent to an intensive agricultural use, the adjacent side yard shall be a minimum of 30 feet, and for parcels or lots with side yards adjacent to an intensive agricultural use, the adjacent side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except parcels or lots with rear yards adjacent to an intensive agricultural use, the rear yards shall be a minimum of 100 feet. D. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 8, 1983) 18.28.070 Stream Setbacks. To permit better light, air, vision, stream pollution control, protect fish and wildlife areas, and to preserve the natural scenic amenities and vistas along the streams and lakes, the following setbacks shall apply: A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the ordinary high water mark [mean high-water line or mark] along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water [line or] mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the 37 0106 1358 County Sanitarian finds that a closer location will not endanger health, the Planning Direc- tor or Hearings Body [Officer] may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water [line or] mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water [line or] mark. 18.28.080 Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 5, 1986) Chapter 18.32 MULTIPLE USE AGRICULTURAL MUA ZONE Sections: 18.32.010 Purpose 18.32.020 Uses Permitted Outright 18.32.030 Conditional Uses Permitted 18.32.040 Dimension Standards 18.32.050 Yards 18.32.060 Stream Setbacks 18.32.070 Rimrock Setback In an WA Zone, the following regulations shall apply: 18.32.010 Purpose. The purposes of the Multiple Use Agricul- tural Zone are to preserve the rural character of various areas of the county while permit- ting development consistent with that charac- ter and with the capacity of the natural resources of the area; to preserve and main- tain agricultural lands not suited to full-time commercial farming for diversified or part- time agricultural uses; to conserve forest lands for forest uses; to conserve open spaces and protect natural and scenic resources; to main- tain and improve the quality of the air, water and land resources of the county; to establish standards and procedures for the use of those lands designated unsuitable for intense devel- opment by the Comprehensive Plan, and to provide for an orderly and efficient transition from rural to urban land use. 18.32.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Uses permitted outright in the EFU- 20 Zone. B. Single-family dwellings. C. Manufactured home in accordance with Section 18.116.070. (Ord. 91-005 § 18, 1991) 0106 1359 18.32.030 Conditional Uses Permitted. A. Public use. B. Semi-public use. C. Commercial activities in conjunction with farm use. D. Dude Ranch. E. Kennel or animal hospital. F. Guest house. G. Manufactured home as a secondary accessory farm dwelling, subject to the requirements set forth in Section 18.116.070. (Ord. 91-005 § 19, 1991) H. Exploration for minerals. (Ord. 91- 002 § 7, 1991; Ord. 90-014 § 27, 1990) I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcy- cle tracks, rodeo or livestock arenas and other recreational uses. J. Personal -use landing strip for air- planes and helicopter pads, including associ- ated hangar, maintenance and service facili- ties. [No aircraft may be based on a landing strip other than those owned or controlled by the owner of the landing strip. Exceptions may be granted through waiver action by the Aeronautics Division in specific instances. A landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronau- tics Division.] K. Golf courses. L. Home occupations. [carried on by residents as an accessory use within their dwelling or other buildings customarily pro- vided in conjunction with farm use.] M. A facility for primary processing for forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other similar method of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in this section, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. (Non-farm related single -wide... repealed by Ord. 91-005 § 20, 1991; Ord. 80-206 § 3, 1980) N. Destination resorts. O. Planned developments. P. Cluster developments. Q. Landfills when a written tentative approval by DEQ of the site if submitted with the conditional use application. R. Time-share unit or the creation thereof. (Ord. 83-033 § 2, 1983) S. Hydroelectric facility, in accordance with Sections 18.116.130 and 18.128.040(V). (Ord. 86-018 § 7, 1986) T. Storage, crushing and processing of minerals, including the processing of aggre- gate into asphaltic concrete or portland cement concrete, when such uses are in con- junction with the maintenance or construction of public roads or highways. (Ord. 90-014 § 35, 1990) 1832.040 Dimension Standards. In an WA Zone, the following dimen- sional standards shall apply: A. The minimum lot size shall be ten acres, except planned and cluster develop- ments shall be allowed an equivalent density of one unit per 7.5 acres and planned and cluster developments within one mile of an acknowledged urban growth boundary shall be allowed a five acre minimum lot size or equivalent density. [Ten acres, except planned and cluster developments shall be allowed an equivalent density of one unit per 7.5 acres, except planned and cluster develop- ments within one mile of an acknowledged urban growth boundary shall be allowed a five acre minimum lot size or equivalent density.] B. The minimum average lot width shall be 100 feet and the minimum street frontage 50 feet. C. The minimum average lot depth shall be 150 feet. 39 0106 1360 1832.050 Yards. A. The front yard setback from the property line shall be a minimum of 100 feet if such line is adjacent to an intensive agricul- tural use; otherwise, the front yard shall be 20 feet for property fronting on a local street right-of-way, 30 feet from a property line fronting on a collector right-of-way, and 80 feet from an arterial right-of-way unless other provisions for combining accesses are pro- vided and approved by the county. B. Each side yard shall be a minimum of 20 feet, except on the street side, which shall be a minimum of 30 feet. For parcels or lots created before November 1, 1979, which are one-half (1/2) acre or less in size, the side yard setback may be reduced to a minimum of 10 feet. For parcels or lots adjacent to an intensive agricultural use, the adjacent side yard shall be a minimum of 100 feet. (Ord. 88-021 § 1, 1988) C. Rear yards shall be a minimum of 25 feet, except when [for] parcels or lots have [with] rear yards adjacent to an intensive agricultural use, rear yards shall be a minimum of 100 feet. D. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 9, 1983) 1832.060 Stream Setbacks. To permit better light, air, vision, stream pollution control, fish and wildlife areas and to preserve the natural scenic amenities and vistas along the streams and lakes, the follow- ing setbacks shall apply: A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the ordinary high water mark [mean high-water line or mark] along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water [line or] mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning Direc- tor or Hearings Body [Officer] may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water [line or] mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water [line or] mark. 18.32.070 Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 6, 1986) 40 0106 1361 Chapter 18.36 FOREST USE - F-1 ZONE Sections: 18.36.010 Purpose 18.36.020 Uses Permitted Outright 18.36.030 Conditional Uses Permitted 18.36.040 Limitations on Conditional Uses 18.36.050 Limitations on Non -Forest or Non -Farm Recreational Uses 18.36.060 Dimensional Standards 18.36.070 State Law Controls 18.36.080 Rimrock Setback In an F-1 Zone, the following regulations shall apply: 1836.010 Purpose. The purposes of the Forest Use Zone are to conserve and protect designated lands for forest uses including protection of watershed, fish and wildlife habitat, unusual or unique recreational opportunities, and [as well as] timber, and to minimize potential hazards or damage from fire, pollution, erosion or urban development. 1836.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Management, propagation or harvest- ing of a forest product. B. Agricultural uses supportive of Section 18.36.010, above. C. Exploration for minerals. (Ord. 91- 002 § 8, 1991) 1836.030 Conditional Uses Permitted. A. Parks, campgrounds, group camping or other outdoor recreation facilities owned and operated by a governmental agency. B. Hydroelectric facility, in accordance with Sections 18.116.130 and 18.128.040(V). (Ord. 86-018 § 8, 1986) C. Operations conducted for explora- tion, mining and processing of geothermal 41 01061362 resources as defined by ORS 522.005; explo- ration and extraction of natural gas or oil; surface mining mineral and aggregate resources exclusively for on-site personal, farm or forest use, or in conjunction with maintenance of irrigation canals. (Ord. 90- 014 § 28, 1990) 18.36.040 Limitations on Conditional Uses. The following limitations shall apply to a conditional use permitted in Section 18.36.030, above. A. Conditional uses permitted by Section 18.36.030 may be established on non-produc- tive agricultural or timber lands upon a find- ing by the Planning Director or Hearings Body [Officer] that each such use: a. is compatible with farm and forest use, is consistent with the intent and purposes set forth in the State Forest Practices Act (ORS 527.610 et. seq.), the Deschutes County Comprehensive Plan and this ordinance. b. does not interfere with accepted forest management practices and farming uses on adjacent lands devoted to farm and forest uses. C. does not alter the stability of the overall land use pattern of the area. d. is situated upon land generally unsuitable for timber production and the production of farm crops and livestock, con- sidering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of tract. e. does not constitute an unnecessary fire hazard and provides for at least a mini- mum of fire safety measures in planning, design, construction and operation. 1836.050 Limitations on Non -Forest or Non -Farm Recreational Uses. In addition to other standards and condi- tions set forth in this chapter, the following factors shall be considered [limitations shall be applied] in the evaluation of a conditional use application: A. Provisions for a buffer between forest lands or agricultural lands and the proposed use. B. Immediate and future impact on public services, existing road systems and traffic demands and fire protection systems. C. Soil type and its development limita- tions, including slides, erosion, flooding and drainage, and provisions to minimize possible adverse effects resulting therefrom. D. Effects on timber and forage agricul- tural productivity including the production of any usable forest or agricultural products which require open space and a non -urban environment. E. Density of development shall be designed to minimize potential adverse effects of terrain, slope and ground cover and shall be in compliance with applicable Comprehen- sive Plan policies. F. Development and density shall be compatible with the existing land use pattern if [providing] the Comprehensive Plan does not indicate a future zone change for the existing pattern. G. An adequate quantity and quality of water, either subsurface or other sanitary disposal systems and adequate provisions for solid waste disposal. H. Provisions to conserve energy or to become energy self-sufficient, considering the application of current and readily available technologies for alternate forms of energy and power generation and recycling, in the structural designs. I. Provisions for fire safety measures. J. Effects on natural resources, habitats and wildlife. K. Factors set forth in the guide pub- lished by the Northwest Inter -Agency Fire Prevention Group entitled "Fire Safety Con- siderations for Developments in Forested Areas." 18.36.060 Dimensional Standards. In an F-1 Zone, the following dimensional standards shall apply: A. 160 acres. 42 0106 1363 B. The minimum average lot width shall be 150 feet. C. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 10, 1983) 18.36.070 State Law Controls. A. Whenever a use allowed by this section conflicts with or is prohibited by the Oregon Forest Practices Act or regulations promulgated thereunder, state law shall control. B. All permit applications shall be accompanied by a letter of compliance from the State Board of Forestry indicating that the proposed use conforms to Board regula- tions for the affected area. 18.36.080 Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 7, 1986) Chapter 18.40 FOREST USE - F-2 ZONE Sections: Uses 18.40.010 Purpose 18.40.020 Uses Permitted Outright 18.40.030 Conditional Uses Permitted 18.40.040 Limitations on Conditional In an F-2 Zone, the following regulations shall apply: 18.40.010 Purpose. The purposes of the F-2 Zone are to con- serve and protect designated forest lands for continued commercial growing and harvesting of timber and the production of wood fiber and other forest uses; to conserve and protect watersheds, wildlife habitats and other forest - associated uses; to protect scenic values; to provide for agricultural uses; to assure orderly and planned development of public and private recreational and other uses which are compatible with forest use and to minimize potential hazards or damage from fire, pollu- tion, erosion or urban development. 18.40.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Farm use, as defined in ORS 215.203(2). B. Management, propagation orharvest- ing of a forest product. C. Utility facilities necessary for public service, except landfills or commercial facili- ties for the purpose of generating power for public use by sale. 43 0106 1364 [D. Dwellings and other buildings, includ- ing manufactured homes in accordance with Section 18.116.070, customarily provided in conjunction with forest uses set forth in paragraph (B), above, upon approval by the Planning Director of a forest management plan.] (Ord. 91-005 § 21, 1991) E. Dwelling, including manufactured home subject to Section 18.116.070, and other buildings customarily provided in conjunction with forest uses as set forth in paragraph (B), above, upon approval by the Planning Director or Hearings Body of a forest management plan. [Dwellings and other buildings customarily provided in conjunction with forest uses set forth in paragraph (B), above.] F. Exploration for minerals. (Ord. 91- 002 § 9, 1991) 18.40.030 Conditional Uses Permitted. A. Manufactured home as a secondary accessory farm or forest dwelling, subject to the provisions set forth in Section 18.116.070. (Ord. 91-005 § 22, 1991) B. Operations conducted for exploration, mining and processing of geothermal resources as defined by ORS 522.005; explo- ration and extraction of natural gas or oil; surface mining mineral and aggregate resources exclusively for on-site personal, farm or forest use, or in conjunction with maintenance of irrigation canals. (Ord. 90- 014 § 29, 1990) C. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcy- cle tracks, rodeo or livestock arenas and other recreational facilities serving the general public. D. Parks, playgrounds, group camping, or community centers owned and operated by a government agency or non-profit commun- ity organization. E. Personal -use landing strips for air- planes and helicopter pads, including associ- ated hangar, maintenance and service facili- ties. [A personal -use landing strip as used in this section means an airstrip restricted except Uses 18.40.050 Limitations on Non -Forest Residential and Recreational Uses 18.40.060 Dimensional Standards 18.40.070 Yards and Setback 18.40.080 Stream Setbacks 18.40.090 State Law Controls 18.40.100 Rimrock Setback In an F-2 Zone, the following regulations shall apply: 18.40.010 Purpose. The purposes of the F-2 Zone are to con- serve and protect designated forest lands for continued commercial growing and harvesting of timber and the production of wood fiber and other forest uses; to conserve and protect watersheds, wildlife habitats and other forest - associated uses; to protect scenic values; to provide for agricultural uses; to assure orderly and planned development of public and private recreational and other uses which are compatible with forest use and to minimize potential hazards or damage from fire, pollu- tion, erosion or urban development. 18.40.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Farm use, as defined in ORS 215.203(2). B. Management, propagation orharvest- ing of a forest product. C. Utility facilities necessary for public service, except landfills or commercial facili- ties for the purpose of generating power for public use by sale. 43 0106 1364 [D. Dwellings and other buildings, includ- ing manufactured homes in accordance with Section 18.116.070, customarily provided in conjunction with forest uses set forth in paragraph (B), above, upon approval by the Planning Director of a forest management plan.] (Ord. 91-005 § 21, 1991) E. Dwelling, including manufactured home subject to Section 18.116.070, and other buildings customarily provided in conjunction with forest uses as set forth in paragraph (B), above, upon approval by the Planning Director or Hearings Body of a forest management plan. [Dwellings and other buildings customarily provided in conjunction with forest uses set forth in paragraph (B), above.] F. Exploration for minerals. (Ord. 91- 002 § 9, 1991) 18.40.030 Conditional Uses Permitted. A. Manufactured home as a secondary accessory farm or forest dwelling, subject to the provisions set forth in Section 18.116.070. (Ord. 91-005 § 22, 1991) B. Operations conducted for exploration, mining and processing of geothermal resources as defined by ORS 522.005; explo- ration and extraction of natural gas or oil; surface mining mineral and aggregate resources exclusively for on-site personal, farm or forest use, or in conjunction with maintenance of irrigation canals. (Ord. 90- 014 § 29, 1990) C. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcy- cle tracks, rodeo or livestock arenas and other recreational facilities serving the general public. D. Parks, playgrounds, group camping, or community centers owned and operated by a government agency or non-profit commun- ity organization. E. Personal -use landing strips for air- planes and helicopter pads, including associ- ated hangar, maintenance and service facili- ties. [A personal -use landing strip as used in this section means an airstrip restricted except for aircraft emergencies to use by the owner, and on infrequent and occasional basis by his invited guests, and by commercial aviation activities in connection with agricultural or forestry operations. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exception to the activities per- mitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal -use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronau- tics Division.] F. Commercial utility facilities for the purpose of generating power for public use by sale. G. Home occupations carried on by residents as an accessory use within their dwelling or other buildings customarily pro- vided in conjunction with farm or forest use. H. A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with other forest and farming practices and is compatible with forest and farm uses described in ORS 215.203(2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only porta- ble or temporary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other method of initial treat- ment of a forest product in order to enable its shipment to market. Forest products, as used in this section, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. I. Stables and the boarding of horses for profit.[, stables and dude ranches.] I Single-family dwelling or a manufac- tured home in accordance with Section 18.116.070, not provided in conjunction with forest or farm use. [partitions, planned devel- opments and subdivisions in accordance with the terms of this ordinance and Deschutes 44 0106 1065 County Code Title 17, the Subdivision/ Partition Ordinance, and policies set forth by the Comprehensive Plan.] (Ord. 91-005 § 23, 1991) K. Destination resorts. L. Landfills when a written tentative approval by DEQ is submitted with the condi- tional use application. (Mobile homes in accordance... repealed by Ord. 91-005 § 24, 1991) M. Time-share unit or the creation thereof. (Ord. 83-033 § 3, 1983; Ord. 84-015 § 2, 1984) N. Hydroelectric facility, in accordance with Sections 18.116.130 and 18.128.040(V). (Ord. 86-018 § 9, 1986) O. Storage, crushing and processing of minerals, including the processing of aggre- gate into asphaltic concrete or portland cement concrete, when such uses are in con- junction with the maintenance or construction of public roads or highways. (Ord. 90-014 § 36, 1990;) P. Dude ranch. Q. Partition, planned development or subdivision in accordance with the terms of this ordinance; Deschutes County Code Title 17, the Subdivision/Partition Ordinance and the Comprehensive Plan. 18.40.040 Limitations on Conditional Uses. The following limitations shall apply to conditional uses permitted by this section: A. Conditional uses permitted by this section may be established on non-productive timber lands upon a finding by the Planning Director or Hearings Body [Officer] that each such use: a. is consistent with farm and forest uses, and is consistent with the intent and purposes set forth in the State Forest Prac- tices Act, the Comprehensive Plan and this ordinance. b. does not interfere with accepted forest management practices and farming uses on adjacent lands devoted to farm and forest use. C. does not alter the stability of the overall land use pattern of the area. d. is situated upon land generally unsuitable for timber production and the production of farm crops and livestock, con- sidering terrain, adverse soil or land condi- tions, drainage and flooding, vegetation and location and size of tract. e. does not constitute an unnecessary fire hazard, and provides for at least a mini- mum of fire safety measures in planning, design, construction and operation. 18.40.050 Limitations on Non -Forest Residential and Recreational Uses. In addition to other standards and condi- tions set forth in this chapter, the following factors shall be considered [limitations shall be applied] in the evaluation of an application for a use permitted by Section 18.40.030(J), above. A. The dwelling shall not be located within one mile of a primary forest product processing facility or within one-quarter mile of commercial forest or agricultural lands not owned by the applicant. B. Provision is made for a buffer between commercial forest or agricultural lands and the proposed use. C. Immediate and future impact on public services, existing road systems and traffic demands, and fire protection systems. D. Soil type and its development limita- tions, including susceptibility to slides, erosion, flooding, and drainage, and provi- sions to minimize possible adverse effects resulting therefrom. E. Effects on forest or timber and forage agricultural productivity including the production of any usable forest or agricultural product which requires open space and a non- urban environment. F. Density of development shall be designed to minimize adverse effects on terrain, slope and ground cover and shall be in compliance with applicable Comprehensive Plan policies. 45 0106 1366 G. Development and density shall be compatible with existing land use pattern providing the Comprehensive Plan does not indicate a future zone change for the existing pattern. H. An adequate quantity and quality of water, either subsurface or other sanitary disposal systems and adequate provisions for solid waste disposal. I. Provisions to conserve energy or to become energy self-sufficient, considering the application of current and readily availability technologies for alternate forms of energy and power generation and recycling, in the struc- tural designs. J. Provisions for fire safety measures. K. Effects on natural resources, habitats and wildlife. L. Factors set forth in the guide pub- lished by the Northwest Inter -Agency Fire Prevention Group entitled "Fire Safety Considerations for Developments in Forested Areas." 18.40.060 Dimensional Standards. In an F-2 Zone, the following dimensional standards shall apply: A. Lot Area. Every lot or land parcel approved pursuant to Section 18.40.030(Q), above, except planned developments, shall have a minimum average width of not less than 150 feet and an area not less than 40 acres. B. Density Factor. Planned and cluster developments shall be allowed an equivalent density of one unit per 30 acres. C. Except as otherwise required by this section, minimum lot sizes for uses permitted in this section shall be as determined by the Planning Director or Hearings Body [Officer] to be necessary for the protection of public health, the objectives of this chapter and applicable state and Comprehensive Plan policies. 18.40.070 Yards and Setback. A. The front yard setback shall be 40 feet from a property line [from the property line shall be 40 feet for the property] fronting on a local street, 60 feet from a property line fronting on a collector right-of-way and 100 feet from a property line fronting on an arterial. B. Each side yard setback shall be a minimum of 25 feet, except a parcel or lot with a side yard adjacent to forest land shall have a minimum side yard of 100 feet. [and for parcels or lots with side yards adjacent to forest lands, the adjacent side yard shall be a minimum of 100 feet.] C. Rear yards shall be a minimum of 25 feet, except parcels or lots with rear yards adjacent to forest land shall have a minimum rear yard of 100 feet. [for parcels or lots with rear yards adjacent to forest lands, said side yard setbacks shall be a minimum of 100 feet.] D. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 11, 1983) 18.40.080 Stream Setbacks. All sewage disposal installations, such as outhouses, septic tanks and drainfield systems shall be set back from the ordinary high water [line or] mark along all streams and lakes a minimum of 100 feet, measured at right angles to the ordinary high water [line or] mark. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water [line or] mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water [line or] mark. 18.40.090 State Law Controls. A. Whenever a use allowed by this section conflicts with or is prohibited by the Oregon Forest Practices Act or regulations promulgated thereunder, state law shall con- trol. B. Every permit application shall be accompanied by a letter of compliance from the State Board of Forestry indicating that the proposed use conforms to Board regula- tions for the affected area. 46 0106 136'7' 18.40.100 Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 8, 1986) Chapter 18.44 FOREST USE - F-3 ZONE Sections: 18.44.010 Purpose 18.44.020 Uses Permitted Outright 18.44.030 Conditional Uses Permitted 18.44.040 Limitations on Conditional Uses 18.44.050 Limitations on Non -Forest Residential and Recreational Uses 18.44.060 Dimensional Standards 18.44.070 Yards and Setbacks 18.44.080 Stream Setbacks 18.44.090 State Law Controls 18.44.100 Rimrock Setback In an F-3 Zone, the following regulations shall apply: 18.44.010 Purpose. The purposes of the F-3 Zone are to con- serve and protect designated forest lands for small commercial woodlot operations; to conserve and protect watersheds, wildlife habitats, and other forest associated uses; to protect scenic values; to provide for agricul- tural uses; to assure orderly and planned development of public and private recrea- tional and other uses which are compatible with forest use and to minimize potential hazards or damage from fire, pollution, erosion or urban development. 18.44.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Farm use, as defined in ORS 215.203(2). B. Management, propagation orharvest- ing of a forest product. C. Utility facilities necessary for public service, except landfills or commercial facili- ties for the purpose of generating power for public use by sale. 47 0106 1368 [D. Dwellings and other buildings, includ- ing manufactured homes in accordance with Section 18.116.070, customarily provided in conjunction with forest uses set forth in paragraph (B), above, upon approval by the Planning Director of a forest management plan.] (Ord. 91-005 § 26, 1991) E. Dwelling, including manufactured home in accordance with Section 18.116.070, and other buildings customarily provided in conjunction with forest uses as specified in paragraph (B), above, upon approval by the Planning Director or Hearings Body of a forest management plan. [Dwellings and other buildings customarily provided in con- junction with forest uses set forth in para- graph (B), above.] F. Exploration for minerals. (Ord. 91- 002 § 10, 1991) 18.44.030 Conditional Uses Permitted. A. Manufactured home as a secondary accessory farm or forest use dwelling, subject to the provisions of Section 18.116.070. (Ord. 91-005 § 27, 1991) B. Operations conducted for exploration, mining and processing of geothermal resources as defined by ORS 522.005; explo- ration and extraction of natural gas or oil; surface mining mineral and aggregate resources exclusively for on-site personal, farm or forest use, or in conjunction with maintenance of irrigation canals. (Ord. 90- 014 § 30, 1990) C. Private parks, playgrounds, hunting and fishing preserves, campgrounds and other commercial recreational facilities serving the general public. D. Parks, playgrounds, campgrounds, group camping or community centers owned and operated by a governmental agency or non-profit community organizations. E. Personal -use landing strip for air- planes and helicopter pads, including associ- ated hangar, maintenance and service facili- ties. [A personal -use landing strip as used in this section means as airstrip restricted except for aircraft emergencies to use by the owner and on an infrequent and occasional basis by his invited guests, and by commercial aviation activities in connection with agricultural or forestry operations. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exception to the activities per- mitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal -use airport lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division.] F. Commercial utility facilities for the purpose of generating power for public use by sale. G. Home occupations carried on by residents as an accessory use within their dwelling or other buildings customarily pro- vided in conjunction with farm or forest use. H. A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with other forest and farming practices and is compatible with forest and farm uses. Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in this section, means the use of a porta- ble chipper or stud mill or other method of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in this section, means timber grown upon a parcel of land or contig- uous land where the primary processing facility is located. I. Stables and the boarding of horses for profit.[, stables and dude ranches.] J. Single-family dwelling, including [or] manufactured home subject to [in accordance with] Section 18.116.070, not provided in con- junction with forest or farm use.[; partitions, planned developments and subdivisions in accordance with the terms of this ordinance and County Ordinance PL -14, and policies set 0106 1369 forth by the Comprehensive Plan.] (Ord. 91- 005 § 28, 1991) K. Destination resorts. L Cluster developments. M. Landfills when a written tentative approval by the DEQ of the site is submitted with the conditional use application. N. Time-share unit or the creation thereof. (Ord. 83-033 § 4, 1983) O. Hydroelectric facility, in accordance with Sections 18.116.130 and 18.128.040(V). (Ord. 86-018 § 10, 1986) P. Storage, crushing and processing of minerals, including the processing of aggre- gate into asphaltic concrete or portland cement concrete, when such uses are in con- junction with the maintenance or construction of public roads or highways. (Ord. 90-014 § 37, 1990) Q. Dude ranch. R. Partition, planned development or subdivision in accordance with the terms of this ordinance; Deschutes County Code Title 17, the Subdivision/Partition Ordinance and the Comprehensive Plan. 18.44.040 Limitations on Conditional Uses. Conditional uses permitted by this section may be established on non-productive timber lands upon findings by the Planning Director or Hearings Body that each such use: [The following limitations shall apply to conditional uses permitted by this section. A. Conditional uses permitted by this section may be established on non-productive timber lands upon a finding by the Hearings Officer that each such use:] A[a]. Is consistent with farm and forest uses, and is consistent with the intent and purposes set forth in the State Forest Practices Act, the Comprehensive Plan and this ordinance. B[b]. Does not interfere with accepted forest management practices and farming uses on adjacent lands devoted to farm and forest use. C[c]. Does not alter the stability of the overall land use pattern of the area. D[d]. Is situated upon generally unsuitable land for timber production and the production of farm crops and livestock, con- sidering the terrain, adverse soil or land conditions, drainage and flooding, vegetation and location and size of tract. 18.44.050 Limitations on Non -Forest Residential and Recreational Uses. In addition to other standards and condi- tions set forth in this chapter, the following factors shall be considered [limitations shall be applied] in the evaluation of an application for a use permitted by Section 18.44.030(J), above. A. The dwelling shall not be located within one mile of a primary forest product processing facility or within one-quarter mile of commercial forest or agricultural lands not owned by the applicant. B. Provision is made for a buffer between commercial forest or agricultural lands and the proposed use. C. Immediate and future impact on public services, existing road systems and traffic demands and fire protection systems. D. Soil type and its development limita- tions, including susceptibility to slides, erosion, flooding and drainage and provisions to minimize possible adverse effects resulting therefrom. E. Effects on forest or timber and forage agricultural productivity including the production of any other usable forest or agricultural product which requires open space and a non -urban environment. F. Density of development shall be designed to minimize adverse effects on terrain, slope and ground cover and shall be in compliance with applicable Comprehensive Plan policies. G. Development and density shall be compatible with the existing land use pattern providing the Comprehensive Plan does not 49 0106 13'70 indicate a future zone change for the existing pattern. H. An adequate quantity and quality of water, either subsurface or other sanitary disposal systems and adequate provisions for solid waste disposal. I. Provisions to conserve energy or to become energy self-sufficient, considering the application of current and readily available technologies for alternate forms of energy and power generation and recycling, in the structural designs. J. Provisions for fire safety measures. K. Effects on natural resources, habitats and wildlife. L. Factors set forth in the guide pub- lished by the Northwest Inter -Agency Fire Prevention Group entitled "Fire Safety Con- siderations for Development in Forested Areas." (A mobile home shall not be permitted as a non-farm or non -forest residence... repealed by Ord. 91-005 § 29, 1991) 18.44.060 Dimensional Standards. In an F-3 Zone, the following dimensional standards shall apply: A. Lot Area. 20 acres, except that destination resorts shall be allowed to proceed according to the density standard contained in Section 18.128.040(S)(d). B. Minimum average lot width shall be 150 feet. C. Density Factor. Planned and cluster developments shall be allowed an equivalent density of one unit per 15 acres. D. Except as otherwise required by this section, minimum lot sizes for uses permitted in paragraph (C), above, shall be as deter- mined by the Planning Director or Hearings Body [Officer] to be necessary for the protec- tion of public health, safety and welfare, the objectives of this section and applicable state and Comprehensive Plan policies. 18.44.070 Yards and Setbacks. A. The front yard setback shall be 40 feet from a property line [from the property line shall be 40 feet for property] fronting on a local street, 60 feet from a property line fronting on a collector right-of-way and 100 feet from a property line fronting on an arterial. B. Each side yard setback shall be a minimum of 25 feet, except a parcel or lot with a side yard adjacent to forest land shall have a minimum side yard of 100 feet. [and for parcels or lots with side yards adjacent to forest lands, the adjacent side yard shall be a minimum of 100 feet.] C. Rear yards shall be a minimum of 25 feet, except parcels or lots with rear yards adjacent to forest land shall have a minimum rear yard of 100 feet. [for parcels or lots with rear yards adjacent to forest lands, said rear yard setback shall be a minimum of 100 feet.] D. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 12, 1983) 18.44.080 Stream Setbacks. All sewage disposal installations, such as outhouses, septic tanks and drainfield systems, shall be set back from the ordinary high water [line or] mark along all streams and lakes a minimum of 100 feet, measured at right angles to the ordinary high water [line or] mark. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water [line or] mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water [line or] mark. 18.44.090 State Law Controls. A. Whenever a use allowed by this section conflicts with or is prohibited by the Oregon Forest Practices Act or regulations promulgated thereunder, State law shall control. B. Every permit application shall be accompanied by a letter of compliance from the state Board of Forestry indicating that the proposed use conforms to Board regulations for the affected use. 50 0106.13'71 18.44.100 Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 9, 1986) Chapter 18.48 OPEN SPACE AND CONSERVATION OS&C ZONE Sections: 18.48.010 Purpose 18.48.020 Uses Permitted Outright 18.48.030 Conditional Uses Permitted 18.48.040 Dimensional Standards 18.48.050 Setbacks 18.48.060 Limitations on Conditional Uses In an OS&C Zone, the following regulations shall apply: 18.48.010 Purpose. The purpose of the Open Space and Conservation Zone is to protect designated areas of scenic and natural resources; to restrict development from areas with fragile, unusual, or unique qualities; to protect and improve the quality of the air, water and land resources and to plan development that will [so as to] conserve open space. 18.48.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Farm use as defined in ORS 215.203(2). B. Public and non-profit agencies, museums and exhibits. C. Public wildlife reserve or management area. D. Public parks, playgrounds and recreational areas. 18.48.030 Conditional Uses Permitted. A. Commercial, private picnic or camp- grounds. B. Commercial, private group camping facility. C. Utility facility except landfills. D. Public or private golf courses. E. Water supply and treatment facility. 51 0106 13'72 F. Commercial recreation use including marina, riding stable, destination resort, gun club, recreation camp, and dude ranch. G. Public marina, recreation camp or resort. H. Public or private rockhound sites. 18.48.040 Dimensional Standards. In an OS&C Zone, the following dimen- sional standards shall apply: A. The minimum lot size shall be that determined by the County Sanitarian to be necessary for the protection of public health and natural resources. 18.48.050 Setbacks. A. Minimum setbacks shall be 60 feet from an arterial or collector street or road right-of-way and 20 feet from a street within a [duly] platted and recorded subdivision. B. The setback from a perennial stream or lake ordinary high water mark shall be a minimum of 200 feet, and from an intermit- tent stream channel, 100 feet. C. Each side setback shall be a minimum of 15 feet, except on a corner lot it shall be 30 feet from the street side. D. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 13, 1983) E. Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 10, 1986) 18.48.060 Limitations on Conditional Uses. The following limitations shall apply to a conditional use in an OS&C Zone: A. An application for a conditional use in an OS&C Zone may be denied if, in the opinion of the Planning Director or Hearings Body [Officer], the proposed use is not related to or sufficiently dependent upon the recreational resources of the area. B. The Planning Director or Hearings Body [Officer] may require establishment and maintenance of fire breaks, the use of fire resistant materials in construction and landscaping, or attach other similar conditions or limitations that will reduce fire hazards or prevent the spread of fire to surrounding areas. C. The Planning Director or Hearings Body [Officer] may limit changes in the natural grade of land, or the alteration, removal or destruction of natural vegetation to prevent or minimize erosion, pollution or degradation of the natural attractiveness of the area. D. An application for a conditional use in an OS&C Zone shall be denied if, in the opinion of the Planning Director or Hearings Body [Officer], the proposed use would exceed the carrying capacity of the area or would be detrimental to the natural features or resources of the area. E. An application for a conditional use in an OS&C Zone shall be denied if not in compliance with the Comprehensive Plan. 52 0106 13'73 Chapter 18.52 SURFACE MINING - SM ZONE Sections: 18.52.010 Purpose 18.52.020 Application of Ordinance 18.52.030 Uses Permitted Outright 18.52.040 Uses Permitted Outright Subject to Site Plan Review 18.52.050 Conditional Uses Permitted 18.52.060 Dimensional Standards 18.52.070 Site Plan Review 18.52.080 Site Plan Application 18.52.090 Minimum Use Setbacks 18.52.100 Procedure Upon Filing of Site Plan 18.52.110 General Operation Standards 18.52.120 Partial Approval 18.52.130 Site Reclamation Plan 18.52.140 Conditional Use Criteria 18.52.150 Failure to Comply 18.52.160 Pre -Existing Sites, Nonconforming Sites and Registration 18.52.170 Use Permits 18.52.180 Monitoring 18.52.190 Nuisances 18.52.200 Termination of the Surface Mining Zoning and Surrounding Surface Mining Impact Area Combining Zone In an SM Zone, the following regulations shall apply: 18.52.010 Purpose. The purposes of the Surface Mining Zone are: A. To implement the goals and policies of the Comprehensive Plan; B. To allow the development and use of identified deposits of mineral and aggregate resources consistent with Statewide Planning Goal 5; C. To protect the health and safety of the public and of residents of property adjoin- ing surface mines, and the value of uses and 53 0106 13'74 natural resources identified in the Compre- hensive Plan as conflicting with surface mines, in accordance with Goal 5. D. To provide that all land and water resources affected by surface mining opera- tions within the county receive the protection and reclamation necessary for their intended subsequent use. E. To provide for cooperation between private parties and governmental entities in order to carry out the purposes of this ordi- nance, the Comprehensive Plan and state and federal regulations. (Ord. 90-014 § 4, 1990) 18.52.020 Application of Ordinance. Except as provided in Section 18.52.160, the setbacks, operation standards and conditions set forth in Sections 18.52.090, 18.52.110 and 18.52.140, respectively, apply to every surface mining site and activity to the extent that setbacks, standards and conditions are not expressly provided for in the site-specific ESEE analysis within the surface mining element of the Comprehensive Plan. When there is a conflict between the site-specific ESEE analysis and the provisions of this ordi- nance, the site-specific ESEE analysis shall control. (Ord. 90-014 § 4, 1990) 18.52.030 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: [The following uses are permitted outright without site plan review:] A. Farm uses as defined in this ordi- nance. B. Forest uses as defined in this ordi- nance. C. One temporary or portable residence when necessary to house a caretaker or a night watchman. (Ord. 90-014 § 4, 1990; Ord. 86-059 § 1, 1986) 18.52.040 Uses Permitted Outright Subject to Site Plan Review. The following uses are permitted outright subject to site plan review as provided in this Section: A. Extraction of minerals. B. Stockpiling and storage of minerals. C. Screening, washing and sizing of minerals. D. Sale of minerals and mineral products extracted and produced on the parcel or contiguous parcels in the same ownership. E. Buildings, structures, apparatus, equipment and appurtenances necessary for the above uses to be carried on. (Ord. 90-014 § 4, 1990) 18.52.050 Conditional Uses Permitted. A. The following uses are permitted subject to the conditions set forth in Chapter 18.128: a. Public uses consistent with or depen- dent upon outright uses allowed in the SM zone. b. Operations and exploration of geo- thermal resources. B. The following uses are permitted subject to site plan review and the setbacks, standards and conditions set forth in Section 18.52.090, 18.52.110 and 18.52.140, respec- tively, and are not subject to the conditions in Chapter 18.128: a. Expansion or replacement of a pre- existing legal dwelling. b. Crushing of mineral and aggregate materials on sites designated for crushing in the ESEE analysis in the surface mining element of the Comprehensive Plan. C. Sale of minerals and mineral products extracted or produced on parcels other than the subject parcel or contiguous parcels in the same ownership. d. Batching and blending of mineral and aggregate into asphaltic concrete or portland cement concrete. (Ord. 90-014 § 4, 1990) 54 0106 13'5 18.52.060 Dimensional Standards. In the SM Zone, no existing parcel shall be reduced in size and no additional parcels shall be created by partition, subdivision or other- wise. (Ord. 90-014 § 4, 1990) 18.52.070 Site Plan Review. Site plan review and final approval of a site plan shall be required before the commence- ment of any use which requires site plan review under Section 18.52.040 and 18.52.050(B), and before any expansion of a pre-existing or nonconforming site under Section 18.52.160. (Ord. 90-014 § 4, 1990) 18.52.080 Site Plan Application. The applicant shall submit the following information for site plan review and approval: A. An application in a format estab- lished by the county and satisfying all require- ments of the County Uniform Land Use Action Procedures Ordinance. B. All information required for a site reclamation plan by DOGAMI. C. A map or diagram showing that all minimum use setbacks required in Section 18.52.090 are met. D. A description of how all operation standards set forth in Section 18.52.110 are met. E. A description of all potential impacts of the mining activities identified by the ESEE analysis for the specific site and how those impacts are addressed. (Ord. 90-014 § 4, 1990) 18.52.090 Minimum Use Setbacks. A. Except as otherwise provided in this section, all surface mining activities and uses, including structures, shall be located and conducted at least 250 feet from a noise - sensitive or dust -sensitive use or structure. Exceptions to this standard shall be allowed for the following: a. Access roads approved as part of site plan review. b. Dwellings located on the parcel on which the surface mining is to occur, includ- ing replacements or expansions thereof. C. Pursuant to a written agreement for a lesser setback made between the owner of the noise -sensitive or dust -sensitive use or structure located within 250 feet of the pro- posed surface mining activity and the owner or operator of the proposed surface mine. Such agreement shall be notarized and recorded in the Deschutes County Book of Records and shall run with the land. Such agreement shall be submitted and considered at the time of site plan review or site plan modification. B. Storage and processing of mineral and aggregate material, and storage of operational equipment which creates noise and dust, shall not be allowed closer than one-quarter mile from any noise or dust sensi- tive use or structure existing on the effective date of Ordinance No. 90-014, unless the applicant demonstrates that: a. Due to the parcel size, topography, existing vegetation or location of conflicting uses or resources, there is no on-site location for the storage and processing of material or storage of equipment which will have less noise or dust impact; and b. All noise control and air quality stan- dards of this ordinance can be met by the proposed use for which the exception is requested. C. Additional setbacks may be deter- mined as part of the site reclamation review process. Additional setbacks also may be required by DOGAMI. (Ord. 90-014 § 4, 1990) 18.52.100 Procedure Upon Filing of Site Plan. A. Each application for site plan review and approval shall be processed in accordance with Deschutes County Code Title 22, the Uniform Development Procedures Ordinance. B. The Planning Director or hearings body shall review the site plan application and shall grant or deny site plan approval based 0106 1376 on the proposed site plan's conformance with the ESEE analysis for the site contained in the surface mining element of the Compre- hensive Plan and the applicable setbacks, standards and conditions set forth in Sections 18.52.090, 18.52.110 and 18.52.140, respec- tively. The Planning Director or Hearings Body may require the applicant to make such modifications to the site plan as are necessary to fulfill the requirements of the site-specific ESEE analysis and the applicable setbacks, standards and conditions in this ordinance. The Planning Director or Hearings Body shall not deny site plan approval unless the re- quirements of the ESEE analysis and set- backs, standards and conditions of this ordi- nance are not or cannot be satisfied by the proposed site plan. C. To the extent practicable, the Plan- ning Director or Hearings Body shall review the site plan application in conjunction with the review of the applicant's site reclamation plan by DOGAMI. (Ord. 90-014 § 4, 1990) 18.52.110 General Operation Standards. Prior to the commencement of any surface mining activity, and no later than site plan review if such review is required under this Section, the applicant shall demonstrate that the following standards are or can be met by the surface mining operation: A. Access. a. All on-site roads used in the mining operation, and access roads from the site to a public road maintained by a government agency, are designed and constructed to accommodate the vehicles and equipment which will use them, and shall meet the following minimum standards: 1. All access roads within 100 feet of a paved county road or state highway are paved unless the applicant demonstrates that other methods of dust control, including application of oil or water, will be implemented in a manner which provides for the safety and maintenance of the county road or state highway. 2. Roads within the surface mining parcel which are used as part of the surface mining operation are constructed and main- tained in a manner by which all applicable DEQ standards for vehicular noise control and ambient air quality are or can be satis- fied. 3. All roads used for mining are paved and will be adequately maintained at all points within 250 feet of a dwelling or other dust -sensitive use existing on the effective date of Ordinance No. 90-014. b. Improvements or fees in lieu of improvements of public roads, county roads and state highways may be required when the Planning Director or Hearings Body, in con- sultation with the appropriate road authority, determines that the increased traffic on the roads resulting from the surface mining activ- ity will damage the road sufficiently to warrant off-site improvement. If a fee in lieu of improvements is required, the amount of the fee shall reflect the applicant's prorata share of the actual total cost of the capital expenditure of the road construction or reconstruction project necessitated by and benefiting the surface mining operation. Discounts for taxes and fees already paid for such improvements, such as road taxes for vehicles and for property already dedicated or improved, shall be applied. B. Screening. a. The site is screened to meet the stan- dards specified in paragraph (b) below, unless one of the exceptions in paragraph (f) below applies. b. Performance Standard. When screening is required by paragraph (a), it obscures the view of the screened uses from the protected uses with the methods and to the extent described in paragraph (e) below. C. Protected Uses. 1. Noise -sensitive or dust -sensitive uses existing on the effective date of Ordinance No. 90-014. 2. Public parks and waysides. 56 0106 1377 3. Frontage on roads designated by the Comprehensive Plan as collectors, arterials and highways. 4. Areas zoned Landscape Management Combining. 5. Those portions of state and federal scenic waterways from which the surface mining activity is visible from the perspective of a person standing at the high water mark on either bank of the waterway. d. Screened Uses. 1. All equipment stored on the site. 2. All crushing and processing equip- ment. 3. All excavated areas except: areas where reclamation is occurring; roadways existing on the effective date of Ordinance No. 90-014; new roadways approved as part of the site plan; material excavated to create berms; and material excavated to change the level of the mining site to an elevation which provides natural screening. e. Types of Screening. 1. Natural Screening. Existing vege- tation or other landscape features which are located on the surface mining site within 50 feet of the boundary of the site, and which obscure the view of the screened uses from the protected uses, shall be preserved and maintained. 2. Supplied Screening. Supplied vegeta- tive screening is screening not already existing and which is added to the site, such as hardy plant species. Plantings shall not be required to exceed either a density of six feet on center or a height of six feet at the commencement of mining. Supplied earthen screening shall consist of berms covered with earth and stabilized with ground cover. f. Exceptions. Supplied screening shall not be required when and to the extent that any of the following circumstances occurs: 1. The natural topography of the site offers sufficient screening to meet the perfor- mance standard in paragraph (b). 2. Supplied screening cannot meet the performance standard in paragraph (b) due to topography. 3. The applicant demonstrates that supplied screening cannot reliably be established or cannot survive for a ten-year period due to soil, water or climatic condi- tions. 4. Screened uses that are visible from the protected uses will be concluded and will either be removed or reclaimed within 18 months. 5. The surface miner and the owner or authorized representative of the owner of the protected use execute and record in the Deschutes County Book of Records a miti- gation agreement that waives screening requirements and describes and adopts an alternate program or technique. g. Continued Maintenance. Vegetative screening shall be maintained and replaced as necessary to assure the required screening throughout the duration of the mining activ- ity. C. Air Quality. The discharge of con- taminants and dust created by the mining operation and accessory uses to mining does not exceed any applicable DEQ ambient air quality and emissions standards. D. Erosion Control. Sedimentation and erosion resulting from the mining operation does not affect any perennial stream so as to violate DEQ's water quality standards. E. Streams and Drainage. Unless agreed to, in writing, by the adjoining prop- erty owner(s), existing natural drainages on the site are not changed in a manner which substantially interferes with drainage patterns on adjoining property or which drains waste materials or waste water onto adjoining property or perennial streams. Where the surface mining site abuts a lake, perennial stream or other perennial body of water, all existing vegetation within 100 feet of the mean high water mark shall be retained unless mining activity is allowed within this area by the site-specific ESEE analysis in the surface mining element of the Comprehensive Plan. F. Equipment Removal. All surface mining equipment and related structures will 57 0106 13'78 be removed from a mining site within 30 days of completion of all mining and reclamation. G. Flood Plain. Any mining operations conducted in a flood plain, as defined in this ordinance, will satisfy all applicable condi- tional use criteria of Sections 18.96.030 through 18.96.060. H. Noise. Noise created by a mining operation, vehicles, equipment or accessory uses which is audible off the site does not exceed DEQ noise control standards, due to topography or other natural features, or by use of methods to control and minimize off- site noise, including, but not limited to: installation of earth berms; placing equipment below ground level; limiting hours of opera- tion; using a size or type of vehicle or equip- ment which has been demonstrated to meet applicable DEQ noise control standards; relocation of access roads, and other measures customarily used in the surface mining industry to meet DEQ noise stan- dards. I. Hours of Operation. a. Mineral and aggregate extraction, processing and equipment operation is limited to the following operating hours: 1. Surface mining sites located within one-half mile of any noise -sensitive or dust - sensitive use or structure existing on the effective date of Ordinance No. 90-014: 7:00 am to 6:00 pm - Monday through Friday and 8:00 am to 5:00 pm - Saturday 2. All other sites: 7:00 am to 10:00 pm - Monday through Saturday b. No surface mining activity will be conducted on Sundays or the following legal holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day. J. Drilling and Blasting. a. Drilling and blasting are allowed under the site-specific ESEE analysis in the surface mining element of the Comprehensive Plan. b. Drilling and blasting which are to be conducted within one-half mile of any noise - sensitive or dust -sensitive use or structure or agricultural use involving the raising of animals meet or can meet the following stan- dards: 1. DEQ noise standards for drilling and blasting. 2. A plan addressing the potential for earth movement, flying rocks and other effects on surrounding uses has been submit- ted to and approved by the county. 3. Blasting will be restricted to the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, and no blasting will occur on Saturdays, Sundays or legal holidays identified in paragraph (I)(b), above. 4. A plan has been submitted to and approved by the county describing how the operator will notify the owners and inhabi- tants of the protected uses identified in para- graph (J)(b), above, which are located within one-half mile of the blasting site of proposed blasting by written notice: (a) delivered in a manner calculated to be received by each person entitled to notice at least 48 hours prior to the time the blasting activity will occur; (b) containing a statement providing that the recipient property owner must pro- vide the notice to tenants and inhabitants on the subject property; (c) in the case of ongoing blasting, given at least once each month and specifying the days and hours that blasting will occur; and (d) retained by the operator, along with a list of persons notified, for at least one year after blasting occurs. K. Extraction Site Size. The size of the area in which extraction is taking place as part of a surface mine does not exceed five acres. For the purpose of this ordinance, the extraction site size does not include access roads, equipment storage areas, processing equipment sites, stockpiles, areas where reclamation is in progress and similar acces- sory uses which are necessary to the mining operation. An exception to this standard may be allowed as part of site plan review if the applicant demonstrates that mining techni- ques normally associated with the specific type of mining in question and commonly 0106 13'79 used in the surface mining industry require a larger extraction site size. L. Fish and Wildlife Protection. a. Fish and wildlife values and habitat required by the site-specific ESEE analysis to be conserved and protected are conserved and protected, by use of methods including, but not limited to: seasonal operations and access road closures; retention of or creation of vegetative cover and riparian habitat; and erection of fencing or other barriers to protect wildlife from steep extraction site slopes. b. Mitigation, as defined in this ordi- nance, will be provided to compensate for any loss of fish and wildlife habitat caused by the surface mining activity which habitat is required to be protected by the site-specific ESEE analysis. When mitigation is provided, the type and effectiveness of mitigation required has been determined by the Planning Director or Hearings Body to be appropriate, from available evidence and, in consultation with the Oregon Department of Fish and Wildlife. M. Surface water management is pro- vided in a manner which meets all applicable DEQ water quality standards and DOGAMI requirements, and which demonstrates that all water necessary for the proposed operation of the surface mine, including dust control, landscaping and processing of material, has been appropriated to the surface mining site and is legally available for such use. The applicant must provide written documentation of any water rights from the respective water district and Oregon Watermaster's office prior to any mining of the site. N. Storage of equipment, structures and other materials at the site is limited to that which is necessary and appurtenant to the mining operation or other uses permitted on the site. O. A security plan for the subject site has been submitted and approved by the county and, where appropriate, by DOGAMI which addresses the following issues: a. lighting; b. fencing; C. gates at access points; d. water impoundments; e. sloping; and f. security of vehicles and equipment. P. All impacts of the mining activities identified in the ESEE analysis for the speci- fic site are addressed and have been resolved at the time of site plan approval or before the start of mining activity. (Ord. 91-002 § 1, 1991; Ord. 90-014 § 4, 1990) 18.52.120 Partial Approval. A portion of a parcel may be approved for surface mining, stockpiles or processing without site plan review of the entire parcel. Partial approval shall be granted if the appli- cant demonstrates that the following criteria are or can be met: A. The portion of the parcel receiving approval can be mined and reclaimed sepa- rately from the remainder of the site; and B. The plan for the portion of the site satisfies all requirements for site plan review; and C. All surface mining site plan and reclamation requirements of the county and DOGAMI for the approved portion of the site are completed prior to the start of mining on the remainder of the property. Initial seeding in conformance with a reclamation plan shall be deemed adequate to fulfill the completion portion of this subsection. (Ord. 90-014 § 4, 1990) 18.52.130 Site Reclamation Plan. Prior to the start of mining activity, a site reclamation plan shall be submitted and approved which demonstrates that the mineral and aggregate extraction site can be reclaimed for a subsequent beneficial land use consistent with the designation of such subse- quent use in the surface mining element of the Comprehensive Plan. A. When a site reclamation plan is required by DOGAMI, the site reclamation plan shall be approved by DOGAMT. To the 59 0106 1380 extent practicable, review of the site reclama- tion plan shall be conducted jointly between DOGAMI and the county. B. When a site reclamation plan is not required by DOGAMI, the site reclamation plan shall be approved by the county in con- junction with the site plan review described in Section 18.52.070. The county shall review such site reclamation plans for consistency with the site-specific ESEE analysis in the surface mining element of the Comprehensive Plan and the standards and conditions set forth in Sections 18.52.110 and 18.52.140. The county also shall follow the applicable DOGAMI standards and criteria for a site reclamation plan. (Ord. 90-014 § 4, 1990) 18.52.140 Conditional Use Criteria. The criteria set forth in this section shall be the only conditional use criteria applicable to the surface mining activities described below. Compliance with these criteria shall be demonstrated at the time of site plan review. A. Crushing. When a site has been designated for crushing of mineral and aggre- gate materials under the site-specific ESEE analysis in the surface mining element of the Comprehensive Plan, the following conditions apply: a. If a crusher is to be located less than one-half mile from a noise -sensitive use or structure existing on the effective date of Ordinance No. 90-014, the applicant shall demonstrate through a noise report from a qualified, registered sound engineer or simi- larly qualified professional, that the crusher can meet all applicable DEQ industrial and commercial noise control standards as designed and located, or by methods includ- ing, but not limited to: modification or muffling of the crusher; placement of the crusher below grade or behind berms. b. If a crusher is to remain on the site for longer than 60 days in any eighteen -month period, the applicant shall demonstrate that it will be screened in accordance with Section 18.52.110(B). B. Expansion or Replacement of Pre - Existing Dwelling. The following conditions apply: a. The expansion or replacement does not reduce the amount of mineral and aggre- gate resource available on the subject site. b. The replaced dwelling or expansion is located and designed to minimize the impacts of the surface mining operation on the inhabitants of the dwelling. C. Sale of Products Extracted or Pro- duced on Parcels Other Than the Subject Parcel. The following conditions shall apply: a. The portion of the site where the products will be stored and sold is at least one-half mile from a noise or dust -sensitive use or structure existing on the effective date of Ordinance No. 90-014. b. The access from the point where the products are stored and sold to a public road is not within one-half mile of any noise or dust -sensitive use or structure existing on the effective date of Ordinance No. 90-014. D. Processing of Aggregate Into Asphal- tic Concrete or Portland Cement Concrete. The following conditions shall apply: a. If the processing operation meets or can meet all applicable DEQ ambient air quality standards and emission standards for asphalt, asphaltic concrete or portland cement plants. b. If the processing operation is located less than one-half mile from a noise -sensitive use or structure existing on the effective date of Ordinance No. 90-014, the applicant shall demonstrate through a noise report from a qualified, registered sound engineer or simi- larly qualified professional, that the process- ing operation can meet all applicable DEQ noise control standards for industry and com- merce as designed and located, or by use of methods including, but not limited to: modi- fication or muffling of equipment; location of the processing operation below grade or behind berms. C. The point where the vehicles trans- porting asphalt, portland cement and the raw materials for such products access a public 0106 1381 road is not within one-half mile of any noise - sensitive or dust -sensitive use or structure existing on the effective date of Ordinance No. 90-014. d. Processing operations temporarily located in conjunction with a specific street, road or highway project will be removed from the site within 30 days of the completion of the project. (NOTE: Batch plants are allowed in industrial zones and may be sited as part of a limited use combining zone in conformance with all plan amendment and zone change requirements of the Comprehen- sive Plan and zoning ordinance.) (Ord. 91- 002 § 2, 1991; Ord. 90-014 § 4, 1990) 18.52.150 Failure to Comply. If the Planning Director or designee deter- mines that surface mining activity which has received site plan approval is not being con- ducted in compliance with the setbacks, stan- dards or conditions set forth in Sections 18.52.090, 18.52.110 and 18.52.140, respec- tively, or the site plan, the Planning Director or designee may institute enforcement pro- ceedings to require such compliance. Enforcement may include citing for an infrac- tion, injunction proceedings, and any other measures permitted under Chapter 18.144. (Ord. 90-014 § 4, 1990) 18.52.160 Pre-existing Sites, Nonconforming Sites and Registration. A. Except for pre-existing and noncon- forming sites, this ordinance shall apply to all surface mining activities which occur on or after the effective date of Ordinance No. 90- 014. B. Pre-existing Sites. Mineral and aggre- gate sites which have a valid DOGAMI permit or exemption and/or county permit on the effective date of Ordinance No. 90-014, and which are zoned SM, are "pre-existing sites." C. Nonconforming Sites. Mineral and aggregate sites which have a valid DOGAMI permit or exemption and/or county permit on the effective date of Ordinance No. 90-014, and which are not zoned SM, are "noncon- forming sites." D. Registration. Operators of all pre- existing and nonconforming sites shall register the sites with the planning division within one hundred eighty (180) days of the effective date of Ordinance No. 90-014. The registra- tion shall include a copy of the operator's permit or exemption and a map or legal description showing the boundaries of the surface mining area covered by the permit or exemption. E. Expansion. a. Any expansion of the surface mining activity on a pre-existing site beyond the boundaries of the surface mining area covered by the DOGAMI permit or exemption or county permit, or any surface mining activity requiring a new DOGAMI or county permit, shall comply with all applicable requirements of this ordinance. b. Any expansion of the surface mining activity on a nonconforming site beyond the boundaries of the surface mining area covered by the DOGAMI permit or exemption or county permit, or any surface mining activity requiring a new DOGAMI or county permit, shall comply with the provisions of Section 18.120.010. (Ord. 90-014 § 4, 1990) 18.52.170 Use Permits. Following site plan approval and prior to commencement of any surface mining activ- ities on the site, the Planning Director or designee shall physically review the site for conformance with the site plan. When it is determined by the Planning Director or designee that all elements of the approved site plan required for mining have been com- pleted and the reclamation plan has received final approval, the Planning Director or designee shall issue a use permit. No mining activity shall commence prior to the issuance of such use permit. (Ord. 90-014 § 4, 1990) 61 0106 1382 18.52.180 Monitoring. The Planning Director or designee shall periodically visit the surface mining site to monitor the surface mining operation. If the Planning Director or designee determines that the operation is not in compliance with the approved site plan and all setbacks, standards and conditions set forth in Sections 18.52.090, 18.52.110 and 18.52.140, a citation for an infraction shall be issued. (Ord. 90-014 § 4, 1990) 18.52.190 Nuisances. Violations of the surface mining site plan, or the setbacks, standards and conditions set forth in Sections 18.52.090, 18.52.110 and 18.52.140, respectively, are hereby declared nuisances, and abatement action may be taken as specified in Chapter 18.144. (Ord. 90-014 § 4, 1990) 18.52.200 Termination of the Surface Mining Zoning and Surrounding Surface Mining Impact Area Combining Zoning. A. When a surface mining site has been fully or partially mined, and the operator demonstrates that a significant resource no longer exists on the site, and that the site has been reclaimed in accordance with the reclamation plan approved by DOGAMI or the reclamation provisions of this ordinance, the property shall be rezoned to the subse- quent use zone identified in the surface mining element of the Comprehensive Plan. B. Concurrent with such rezoning, any surface mining impact area combining zone which surrounds the rezoned surface mining site shall be removed. Rezoning shall be subject to Chapter 18.136 and all other appli- cable sections of this ordinance, the Compre- hensive Plan and Deschutes County Code Title 22, the Uniform Development Proce- dures Ordinance. (Ord. 90-014 § 4, 1990; Ord. 86-059 § 1, 1986; Ord. 85-053 § 11, 1986; Ord. 86-018 § 11, 1986; Ord. 85-002 § 7,1985; Ord. 83-037 § 14, 1983) Chapter 18.56 SURFACE MINING IMPACT AREA COMBINING - SMIA ZONE Sections: 18.56.010 Purpose 18.56.020 Location 18.56.030 Application of Provisions 18.56.040 Uses Permitted Outright 18.56.050 Conditional Uses Permitted 18.56.060 Dimensional Standards 18.56.070 Setbacks 18.56.080 Use Limitations 18.56.090 Specific Use Standards 18.56.100 Site Plan Review and Approval Criteria 18.56.110 Abbreviated SMIA Site Plan Review 18.56.120 Waiver of Remonstrance 18.56.130 Development Agreement and Performance Bond 18.56.140 Exemptions 18.56.010 Purpose. The purpose of the SMIA zone is to protect the surface mining resources of Deschutes County from new development which conflicts with the removal and processing of a mineral and aggregate resource while allowing owners of property near a surface mining site reason- able use of their property. (Ord. 90-014 § 5, 1990) 18.56.020 Location. The SMIA zone shall apply to all property located within one-half mile of the boundary of a surface mining zone. However, the SMIA zone shall not apply to any property located within an urban growth boundary, city or other county. The extent and location of the SMIA zone shall be designated at the time the adjacent surface mining zone is designated. (Ord. 90-014 § 5, 1990) 18.56.030 Application of Provisions. The standards set forth in this chapter shall apply in addition to those specified in this RN 0106 1383 ordinance for the underlying zone. If a con- flict in regulations or standards occurs, the provisions of this chapter shall govern. (Ord. 90-014 § 5, 1990) 18.56.040 Uses Permitted Outright. Uses permitted outright shall be those identified in the underlying zone(s) with which the SMIA Zone is combined. (Ord. 90- 014 § 5, 1990) 18.56.050 Conditional Uses Permitted. Uses permitted conditionally shall be those identified as conditional uses in the under- lying zone(s) with which the SMIA Zone is combined and shall be subject to all condi- tions of the underlying zone(s) as well as the conditions of the SMIA Zone. (Ord. 90-014 § 5, 1990) 18.56.060 Dimensional Standards. In the SMIA Zone, the lot size shall be that prescribed in the underlying zone. (Ord. 90- 014 § 5, 1990) 18.56.070 Setbacks. The setbacks shall be the same as those prescribed in the underlying zone, except as follows: A. No noise -sensitive or dust -sensitive use or structure established or constructed after the designation of the SMIA Zone shall be located within 250 feet of any surface mining zone, except as provided in Section 18.56.130; and (Ord. 90-035 § 1, 1990) B. No noise -sensitive or dust -sensitive use or structure established or constructed after the designation of the SMIA zone shall be located within one-quarter mile of any existing or proposed surface mining process- ing or storage site, unless the applicant demonstrates that the proposed use will not prevent the adjacent surface mining operation from meeting the setbacks, standards and conditions set forth in Sections 18.52.090, 18.52.110 and 18.52.140, respectively. C. Additional setbacks in the SMIA zone may be required as part of the site plan review under Section 18.56.100, below. D. An exception to the 250 -foot setback in paragraph (A), above, shall be allowed pursuant to a written agreement for a lesser setback made between the owner of the noise -sensitive or dust -sensitive use or structure located within 250 feet of the pro- posed surface mining activity and the owner or operator of the proposed surface mine. Such agreement shall be notarized and recorded in the Deschutes County Book of Records and shall run with the land. Such agreement shall be submitted and considered at the time of site plan review or site plan modification. (Ord. No. 90-035 § 2, 1990; Ord. 90-014 § 5, 1990) 18.56.080 Use Limitations. No dwellings or additions to dwellings or other noise -sensitive or dust -sensitive uses or structures shall be erected in any SMIA Zone without first obtaining site plan approval under the standards and criteria set forth in Sections 18.56.090 through 18.56.120, below. (Ord. 90-014 § 5, 1990) 18.56.090 Specific Use Standards. The following standards shall apply in the SMIA zone: A. New dwellings, new noise -sensitive and dust -sensitive uses or structures, and additions to dwellings or noise and dust - sensitive uses or structures in existence on the effective date of Ordinance No. 90-014 which exceed 10 percent of the size of the existing dwelling or use, shall be subject to the criteria established in Section 18.56.100, below. (Ord. 90-014 § 5, 1990) 18.56.100 Site Plan Review and Approval Criteria. A. Elements of Site Plan. A site plan shall be submitted in a form prescribed by the Planning Director or Hearings Body detailing the location of the proposed noise sensitive use, the location of the nearby surface mine 63 0105 1384 zone and operation, if any, and other infor- mation necessary to evaluate the approval criteria contained in this section. B. Site plan review and approval, pur- suant to the County Uniform Land Use Action Procedures Ordinance, shall be required for all uses in the SMIA zone prior to the commencement of any construction or use. C. The Planning Director or Hearings Body may grant or deny site plan approval and may require such modifications to the site plan as are determined to be necessary to meet the setbacks, standards and conditions described above. D. The site plan shall be approved if the Planning Director or Hearings Body finds that the site plan is consistent with the site-specific ESEE analysis in the surface mining element of the Comprehensive Plan and that the pro- posed use will not prevent the adjacent surface mining operation from meeting the setbacks, standards and conditions set forth in Sections 18.52.090, 18.52.110 and 18.52.140, respectively. E. Public notice shall be as set forth in Deschutes County Code Title 22, the Uniform Development Procedures Ordinance, except that in all cases notice of the receipt of an SMIA application shall be sent to the mine owners and/or operators whose SM -zoned site triggered the SMIA review. (Ord. 90-035 §3, 1990; Ord. 90-014 § 5, 1990) 18.56.110 Abbreviated SMIA Site Plan Review. A. A new or enlarged noise or dust -sensitive use to which this section applies that is at least one quarter mile from an SM zone and that has at least two dwellings or other noise or dust -sensitive uses between it and the SM zone is presumed to meet the approval criteria set forth in Section 18.56.100(D), above, and shall be processed under this subsection. B. Abbreviated SMIA site plan review shall require the submission of an application in a form prescribed by the Planning Director or Hearings Body and such documentation as is necessary to demonstrate conformance with paragraph (A), above. C. Unless the underlying zoning at the SMIA site would require additional review of the proposed use for some other land use permit, abbreviated site plan review shall be conducted (1) administratively without prior public notice; (2) with public notice of the Findings and Decision mailed consistent with Section 18.56.100(E), above, to all persons entitled to receive notice; and (3) with an appeal period and procedures as set forth in Deschutes County Code Title 22, the Uniform Development Procedures Ordinance. Appel- lants may submit evidence to overcome the presumption set forth in Section 18.56.110(A) above. (Ord. 90-035 § 4, 1990; Ord. 90-014 § 5, 1990) 18.56.120 Waiver of Remonstrance. The applicant for site plan approval in the SMIA Zone shall sign and record in the Deschutes County Book of Records a state- ment declaring that the applicant and his successors will not now or in the future com- plain about the allowed surface mining activi- ties on the adjacent surface mining site. (Ord. 90-014 § 5, 1990) 18.56.130 Development Agreement and Performance Bond. As a condition of site plan approval, the applicant may be required to execute a devel- opment agreement with the county and per- formance bond or other form of security approved by the county to ensure full and faithful performance of any improvements required to meet the setbacks, standards and conditions set forth above. Any bond shall be for 110 percent of the dollar amount of the improvement costs. (Ord. 90-014 § 5, 1990) 18.56.140 Exemptions. The following shall be exempt from this section: A. Uses in the SMIA zone which are not within one-half mile of any identified resource 64 0106 1385 in the SM zone after all reclamation has occurred. B. Continuation and maintenance of a conforming or nonconforming use established prior to the effective date of Ordinance No. 90-014. C. The employment of land for farm or forest use. D. Additions to a dwelling existing on the effective date of Ordinance No. 90-014 which are completely screened from the surface mining site by the existing dwelling. (Section 4.110 repealed and replaced by Ord. 90-014 § 5, 1990; 86-053 § 12, 1986; Ord. 86- 018 § 12, 1986; Ord. 85-002 § 8, 1985; Ord. 83-037 § 15, 1983) Chapter 18.60 RURAL RESIDENTIAL - RR -10 ZONE Sections: 18.60.010 Purposes 18.60.020 Uses Permitted Outright 18.60.030 Conditional Uses Permitted 18.60.040 Yard and Setback Requirements 18.60.050 Stream Setback 18.60.060 Dimensional Standards 18.60.070 Limitations on Conditional Uses 18.60.080 Rimrock Setback In an RR -10 Zone, the following regulations shall apply: 18.60.010 Purposes. The purposes of the Rural Residential Zone are to provide rural residential living environ- ments; to provide standards for rural land use and development consistent with desired rural character and the capability of the land and natural resources; to manage the extension of public services; to provide for public review of non-residential uses; and to balance the public's interest in the management of com- munity growth with the protection of indivi- dual property rights through review proce- dures and standards. 18.60.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright. A. A single-family dwelling, or a manu- factured home in accordance with Section 18.116.070. (Ord. 91-005 § 30, 1991) (Subdivisions... repealed and renumbered by Ord. 91-005 § 31, 1991) B. Utility facility necessary to serve the area including energy facilities, water supply and treatment and sewage disposal and treat- ment. C. Community center, if shown and approved on the original plan or plat of the development. 65 0106 1386 D. Farm use as defined in ORS 215.203(2). 18.60.030 Conditional Uses Permitted. (Mobile home subdivision... repealed and renumbered by Ord. 91-005 § 32, 1991) (Mobile home as a single-family dwelling.. repealed and renumbered by Ord. 91-005 § 32, 1991) A. Public park, school, playground, recreation facility or community center owned and operated by a government agency or non- profit community organization. B. Destination resort. C. Dude ranch. D. Home occupation.[s carried on by residents as an accessory use within their dwelling.] E. Personal -use landing strip for air- planes and helicopter pads, including associ- ated hangar, maintenance and service facili- ties. [A personal -use landing strip as used in this section means an airstrip restricted except for aircraft emergencies to use by the owner, and on an infrequent and occasional basis by his invited guests, and by commercial aviation activities in connection with agricultural or forestry operations. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exception to the activities per- mitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal -use airport lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division.] F. Planned development. G. Cluster development. H. Recreation -oriented facility requiring large acreage such as rodeo grounds, off-road vehicle track or race track. I. Landfill when a written tentative approval by DEQ of the site is submitted with the application. (Mining mineral resources for personal on- site use... repealed by Ord. 90-014 § 22, 1990) J. Cemetery. K. Time-share unit or the creation thereof. (Ord. 83-033 § 5, 1983) L. Hydroelectric facility, in accordance with Sections 18.116.130 and 18.128.040(V). (Ord. 86-018 § 13, 1986) 18.60.040 Yard and Setback Requirements. In an RR -10 Zone, the following yard and setbacks shall be maintained. A. The front setback shall be a minimum of 20 feet from a property line fronting on a local street right-of-way, 30 feet from a prop- erty line fronting on a collector right-of-way and 50 feet from an arterial right-of-way. B. There shall be a minimum side yard of 10 feet for all uses, except on the street side of a corner lot the side yard shall be 20 Feet.[, except that a non-residential use adja- cent to a residential use shall have a mini- mum side yard of 20 feet.] C. The minimum rear yard shall be 20 feet. D. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 16, 1983) 18.60.050 Stream Setback. To permit better light, air, vision, stream or pollution control, protect fish and wildlife areas and to preserve the natural scenic amenities and vistas along streams and lakes, the following setback shall apply: A. All sewage disposal installations, such as septic tanks or septic drainfield, shall be set back from the ordinary high water mark [mean high-water line or mark] along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water [line or] mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning M" 0106 138'7 Director or Hearings Body [Officer] may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water [line or] mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water [line or] mark. 18.60.060 Dimensional Standards. In an RR -10 Zone, the following dimen- sional standards shall apply: A. Lot Coverage. The main building and accessory buildings located on any build- ing site or lot shall not cover in excess of thirty percent of the total lot area. B. Building Height. No non-agricultural building or structure shall be erected or enlarged to exceed two stories or more than thirty feet in height. C. Minimum lot size shall be 10 acres, except planned and cluster developments shall be allowed an equivalent density of one unit per 7.5 acres. Planned and cluster develop- ments within one mile of an acknowledged urban growth boundary shall be allowed a five -acre minimum lot size or equivalent density. 18.60.070 Limitations on Conditional Uses. The following limitations shall apply to uses allowed by Section 18.60.010: A. The Planning Director or Hearings Body [Officer] may require establishment and maintenance of fire breaks, the use of fire resistant materials in construction and land- scaping, or may attach other similar condi- tions or limitations that will serve to reduce fire hazards or prevent the spread of fire to surrounding areas. B. The Planning Director or Hearings Body [Officer] may limit changes in the natural grade of land, or the alteration, removal or destruction of natural vegetation in order to prevent or minimize erosion or pollution. 18.60.080 Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 13, 1986) 67 0106 1388 Chapter 18.64 RURAL SERVICE CENTER ZONE RSC ZONE Sections: 18.64.010 Purpose 18.64.020 Uses Permitted Outright 18.64.030 Conditional Uses Permitted 18.64.040 Limitations on Uses 18.64.050 Lot Size 18.64.060 Dimensional Standards 18.64.070 Stream Setback 18.64.080 Yards 18.64.090 Off -Street Parkingand Loading 18.64.100 Site Plan Review 18.64.110 Rimrock Setback In an RSC Zone, the following regulations shall apply: 18.64.010 Purpose. The purpose of the Rural Service Center Zone is to provide standards and review procedures for concentrations of local commercial services to meet the needs of rural residents, as well as limited tourist commercial services consistent with the main- tenance of the rural character of the area. 18.64.020 Uses Permitted Outright. In an RSC Zone, the following uses and their accessory uses are permitted outright, subject to the terms of Section 18.64.100: A. Farming, excluding livestock feed lot or sales yard, subject to the restrictions in Section 18.64.040, and hog and mink farms. B. Single-family residence.[ dwelling, or a manufactured home in accordance with Section 18.116.070.1 (Ord. 91-005 § 33, 1991) C. Retail store, office or service estab- lishment. D. Automobile service station. E. Agriculturally oriented commercial use. F. Park, playground or community building. G. Church, school or cemetery. M. 0106 1889 H. Utility facility, except landfills. I. Television or radio station, trans- mitter or tower. J. Restaurant or cocktail lounge. 18.64.030 Conditional Uses Permitted. A. Commercial residential use. B. Multi -family dwelling. C. Tourist or travelers accommodations. D. Manufactured home park and travel trailer park. (Ord. 91-005 § 34, 1991) E. Kennel or animal hospital. F. Automobile repair garage. G. Commercial amusement or recreation establishment. H. Water supply and treatment facility. I. Hog and mink farm. J. Cluster development. K. Planned development. L. Home occupation. M. Time-share unit or the creation thereof. (Ord. 83-033 § 6, 1983) N. Shopping complex subject to a master plan and consistent with the specific use standards established by Section 18.128.040(T). (Ord. 84-023 § 3, 1984) 18.64.040 Limitations on Uses. The following limitations shall apply to uses allowed by Section 18.64.020(A), above: A. Cows, horses, goats or sheep shall not be kept on lots having an area less than 20,000 square feet. The total number of all such animals over the age of six months shall be limited to the square footage of the lot divided by 20,000 square feet, which is the minimum area per animal.[ allowed on a lot shall be limited to the square footage of the lot divided by the minimum area required for each animal as listed below: Horses .......... 20,000 sq. ft. of area Cows .......... 20,000 sq. ft. of area Goats .......... 20,000 sq. ft. of area Sheep .......... 20,000 sq. ft. of area] B. The number of chickens, fowl or rabbits over the age of six months shall not exceed one for each 500 sq. ft. of land. C. All livestock shall be located a mini- mum of 100 feet away from a residential dwelling on an adjacent lot. 18.64.050 Lot Size. A. The minimum average width of lots served by an approved community, municipal or public water system and an approved community or public sewage system shall not be less than 50 feet with a minimum area of 6,000 sq. ft. B. The minimum average width of lots served by either an approved community, municipal or public water system or an approved community or public sewage system, but not served by both, shall not be less than 100 feet with a minimum area of 15,000 sq. ft. C. The minimum average width of lots not served by either an approved community, municipal or public water system or an approved community or public sewage system shall be 150 feet with a minimum area of one acre. Subject to the findings below, the hearings body may approve a lot area of less than one acre, but in no case shall a lot area of less than 20,000 sq. ft. be approved. The hearings body shall make all of the following findings: a. The lot can meet DEQ on-site sewage disposal rules then in effect; b. The approval of a smaller lot would not significantly increase nitrate levels in the ground water; and C. The lot shall have a supply of potable water that would not be affected by the installation of an on-site sewage system. (Ord. 85-045 § 1, 1985; Re -adopted by Ord. 86-005 § 1, 1986) 18.64.060 Dimensional Standards. The following dimensional standards shall apply in an RSC Zone: A. Lot Coverage. The main building and accessory buildings located on any building site or lot shall not cover more than thirty percent of the total lot area. B. Building Height. No building or structure shall be erected or enlarged to M' 0106 1390 exceed two stories or more than twenty-five feet in height, except split-level building, which may be increased in height to thirty feet. 18.64.070 Stream Setback. To permit better light, air, vision, stream or pollution control, protect fish and wildlife areas, and to preserve the natural scenic amenities and vistas along the streams and lakes, the following setback shall apply: A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the ordinary high water mark [mean high-water line or mark] along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water [line or] mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning Direc- tor or Hearings Body [Officer] may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water [line or] mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water [line or] mark. 18.64.080 Yards. A. The minimum front yard shall be 20 feet. B. The minimum side yard shall be 10 feet, except on the street side of a corner lot it shall be 20 feet. C. The minimum rear yard shall be 20 feet. D. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 17, 1983) 18.64.090 Off -Street Parking and Loading. Off-street parking and loading shall be provided in accordance with the provisions of Chapter 18.116. 18.64.100 Site Plan Review. In an RSC Zone, a use permitted outright shall be subject to the provisions of this subsection. A. Before a building may be constructed, enlarged or substantially altered, a site devel- opment plan shall be submitted to the Plan- ning Department. B. In considering a site plan for a pro- posed use in an RSC Zone, the Planning Director or Hearings Body [Officer] shall take into account the impact of the proposed use on nearby residential and commercial prop- erty, the capacity of the street to carry traffic, and the appearance of the use. C. The Planning Director or Hearings Body [Officer] may require as a condition of approval: a. An increase in the required lot size. b. Additional off-street parking. C. Screening of the proposed use by a fence or landscaping. d. Limitations on signs or lighting. C. Limitation on the number and loca- tion of curb cuts. f. Any other conditions considered necessary to achieve the purpose of this ordinance. D. Construction and development of the site shall conform to an approved site plan. E. Site plan review procedures shall conform to Deschutes County Code Title 22, the Uniform Development Procedures Ordi- nance. (Ord. 86-032 § 1, 1986) 18.64.110 Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 14, 1986) 70 ('106 la9i Chapter 18.68 RURAL SERVICE RESIDENTIAL - M RSR -M ZONE Sections: A. 18.68.010 Purpose 18.68.020 Uses Permitted Outright 18.68.030 Conditional Uses Permitted 18.68.040 Limitations on Uses 18.68.050 Lot Size 18.68.060 Dimensional Standards 18.68.070 Stream Setback 18.68.080 Yards 18.68.090 Off -Street Parking and Loading 18.68.100 Rimrock Setback In an RSR -M Zone, the following regula- tions shall apply: 18.68.010 Purpose. The purpose of the Rural Service Residential -M Zone is to permit and encour- age the development of residential uses in the rural service centers; provide for densities compatible with a higher level of services available; allow the opportunity for people to enjoy life in a more rural environment without impinging on the rural areas and assure development compatible with the rural character of the area. 18.68.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright. A. Farming, excluding livestock feed lot or sales yard, subject to the restrictions in Section 18.68.040, and hog or mink farms. B. The propagation and harvesting of forest products. C. Single-family dwelling.[, or a manu- factured home in accordance with Section 18.116.070.1 (Ord. 91-005 § 35, 1991) D. Park, playground or community building. E. Utility facility. F. Church, public school, cemetery. 71 0106 1392 18.68.030 Conditional Uses Permitted. A. Two-family dwelling. B. Private schools. (Mobile home.. . repealed by Ord. 91-005 § 36, 1991) C. Water supply and treatment facility. D. Medical clinics. E. Sewage disposal and treatment facility. F. Cluster development. G. Planned development. H. Home occupations. I. Time-share unit or the creation thereof. (Ord. 83-033 § 7, 1983) 18.68.040 Limitations on Uses. The following limitations shall apply to uses permitted by Section 18.68.020(A), above: A. Cows, horses, goats or sheep cannot be kept on lots having an area of less than 20,000 sq. ft. The total number of all such animals over the age of six months shall be limited to the square footage of the lot divided by 20,000 square feet, which is the minimum area per animal. [allowed on a lot shall be limited to the square footage of the lot divided by the minimum area required for each animal as listed below: Horses ........... 20,000 sq. ft. of area Cows ............ 20,000 sq. ft. of area Goats............ 20,000 sq. ft. of area Sheep............ 20,000 sq. ft. of area] B. The number of chickens, fowl or rabbits over the age of six months shall not exceed one for each 500 sq. ft. of property. C. All livestock shall be located a mini- mum of 100 feet away from a residential building on an adjacent lot. 18.68.050 Lot Size. A. The minimum average width of lots served by an approved community, municipal or public water system and an approved community or public sewage system shall not be less than 50 feet with a minimum lot size of 5,000 sq. ft. B. The minimum average width of lots served by either an approved community, municipal or public water system or an approved community or public sewage system, but not served by both, shall not be less than 100 feet with a minimum lot size of 15,000 sq. ft. C. The minimum average width of lots not served by either an approved community, municipal, or public water system or by an approved community or public sewage system shall be 150 feet with a minimum lot size of one acre. 18.68.060 Dimensional Standards. The following dimensional standards shall apply in an RSR -M Zone: A. Lot Coverage. The main and acces- sory buildings located on any building site or lot shall not cover in excess of thirty percent of the total lot area. B. Building Height. No building or structure shall be erected or enlarged to exceed two stories or more than twenty-five feet in height, except split-level buildings, which may be increased in height to thirty feet. 18.68.070 Stream Setback. To permit better light, air, vision, stream or pollution control, protect fish and wildlife areas, and preserve the natural scenic ameni- ties and vistas along streams and lakes, the following setback shall apply: A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the [mean] ordinary high water line [high-water line or mark] along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water line [high-water line or mark]. In those cases where practical difficulties preclude the location of facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Plan- ning Director or Hearings Body [Officer] may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. 72 0106 1393 B. All structures, buildings or similar permanent fixtures shall be set back from the high water line or make along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water [line or] mark. 18.68.080 Yards. A. The minimum front yard shall be 20 feet. B. The minimum side yard shall be 10 feet, except on the street side of a corner lot, it shall be 20 feet. C. The minimum rear yard shall be 20 feet. D. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 18, 1983) 18.68.090 Off -Street Parking and Loading. Off-street parking and loading shall be provided in accordance with the provisions of Chapter 18.116. 18.68.100 Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 15, 1986) Chapter 18.72 RURAL SERVICE RESIDENTIAL - 5 RSR -5 ZONE Sections: 18.72.010 Purpose 18.72.020 Uses Permitted Outright 18.72.030 Conditional Uses Permitted 18.72.040 Limitations on Uses 18.72.050 Lot Size 18.72.060 Other Standards In an RSR -5 Zone, the following regula- tions shall apply: 18.72.010 Purpose. The purpose of the Rural Service Residen- tial -5 Zone is to maintain the rural character of the area in the immediate vicinity of a rural service center while allowing for increased density because of that proximity, but assuring densities are compatible with the services available as well as the land and natural resources of the area. 18.72.020 Uses Permitted Outright. The uses and their accessory uses permitted outright in the RSR -M Zone, subject to the conditions of Section 18.72.040, below. 18.72.030 Conditional Uses Permitted. Uses permitted conditionally in an RSR -M Zone. 18.72.040 Limitations on Uses. The following limitation shall apply to uses permitted by Section 18.72.020 above: A. Cows, horses, goats or sheep cannot be kept on lots having an area of less than 20,000 sq. ft. The total number of all such animals (other than their young under the age of six months) shall be limited to the square footage of the lot divided by 20,000 square feet, which is the minimum area per animal. [allowed on a lot shall be limited to the square footage of the lot divided by the minimum area required for each animal as 73 0106 194 listed below: Horses .......... 20,000 sq. ft. of area Cows ........... 20,000 sq. ft. of area Goats........... 20,000 sq. ft. of area Sheep........... 20,000 sq. ft. of area] B. The number of chickens, fowl or rabbits over the age of six months shall not exceed one for each 500 sq. ft. of land. C. All livestock shall be located a mini- mum of 100 feet away from a residential building on an adjacent lot. 18.72.050 Lot Size. A. The minimum average width of lots served by an approved community, municipal or public water system and an approved community or public sewage system shall not be less than 50 feet with a minimum lot size of 6,000 square feet. B. The minimum average width of lots served by either an approved community, municipal or public water system or an approved community or public sewage system, but not served by both, shall not be less than 100 feet with a minimum lot size of 15,000 square feet. C. The minimum average width of lots not served by either an approved community or public sewage system shall be 150 feet with a minimum lot size of five acres. D. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 19, 1983) 18.72.060 Other Standards. The conditions contained in Sections 18.68.060, 18.68.070, 18.68.080, 18.68.090 and 18.68.100 shall apply in the RSR -5 Zone. (Ord. 86-053 § 16, 1986) Chapter 18.76 AIRPORT DEVELOPMENT - A -D ZONE Sections: 18.76.010 Purpose 18.76.020 Uses Permitted Outright 18.76.030 Conditional Uses 18.76.040 Use Limitations 18.76.050 Dimensional Standards 18.76.060 Stream Setback 18.76.070 Off -Street Parking and Loading 18.76.080 Design and Use Criteria 18.76.090 Additional Requirements 18.76.100 Rimrock Setback In an A -D zone, the following regulations shall apply: 18.76.010 Purpose. The purpose of the Airport Development Zone is to allow for development compatible with ongoing airport use consistent with the Deschutes County Year 2000 Comprehensive Plan, while providing for public review of proposed development likely to have signifi- cant impact on surrounding lands. This zone is intended to operate as an interim control until the Board of County Commissioners adopts a Bend Airport Master Plan or Com- prehensive Plan. 18.76.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Airport and non-structural uses such as fuel storage, tie -down areas and parking facilities. B. Hangars, aircraft site, sale and repair facilities and related offices. 18.76.030 Conditional Uses. A. Farm use. B. Farm accessory buildings and uses, excluding residential uses. C. Utility facility necessary for public service except landfills. D. Golf course. 74 0106 1395 E. Park, playground, other public recrea- tion site or facility or community service facility owned and operated by a government agency or nonprofit community organization. F. Restaurant, which may include a bar or cocktail lounge as an accessory use; one restaurant per airport; restaurant and acces- sory use to be 2,500 square feet or less in size. G. Small-scale aviation related storage. H. Permitted industrial uses, excluding planned unit developments for other than permitted industrial uses, as described in Chapters 19.64 and 19.68 of Deschutes County Code Title 19, the Bend Urban Growth Boundary Zoning Ordinance, as amended, provided that any such use is com- patible with airport uses. 18.76.040 Use Limitations. In an A -D zone, the following limitations and standards shall apply to all uses: A. The height of any structure or part of a structure such as chimneys, towers, antennas, etc., shall not exceed 35 feet. B. In approach zones beyond the clear zone areas, no meeting place designed to accommodate more than 25 persons for public or private purposes shall be permitted. C. All parking demand created by any use permitted by this section shall be accommodated on the subject premises entirely off-street. D. No use permitted by this section shall require the backing of traffic onto a public or private street or road right-of-way. E. There shall be only one ingress and one egress from uses permitted by this section per each 800 feet of frontage on an arterial or per each 300 feet of frontage or collector. If necessary to meet this requirement, permitted uses shall provide for shared ingress and egress. F. No use permitted by this section that generates more than 30 truck -trailer or other heavy equipment trips per day to and from a subject use shall be permitted to locate on a lot adjacent to or across a street from a residential use or lot in a [duly] platted subdivision, nor shall a residential use or lot be permitted adjacent to or across the street from an existing or planned use that is expected to generate such traffic. G. No use likely to generate more than 20 auto or truck trips during the busiest hour of the day to and from the premises shall be permitted unless served directly by an arterial or collector, or other improved street or road designed to serve such traffic. In no case shall such traffic be permitted to utilize a street or road which passes through a residen- tial area. H. No power lines shall be located in clear zones and any power line located within an approach zone shall be in conformance with designated approach slope ratios con- tained in Section 18.80.060(B)(a). I. No use shall be allowed which is likely to attract an unusual quantity of birds, particularly birds which normally fly at high altitudes. 18.76.050 Dimensional Standards. In an A -D zone, the following dimensional standards shall apply: A. The minimum lot size not in a planned unit development or subdivision shall be 5 acres, except that in conjunction with a specific use application, a lot size of not less than 20 acres may be approved where there is a showing that the lot requested is the maxi- mum necessary for the use and reasonably expected future expansion of the use. The lot size in a planned unit development or sub- division shall average at least 20 acres. B. Lot coverage shall not exceed 70% by all buildings, storage areas and facilities and required off-street parking and loading areas. C. The minimum setback between any structure and an arterial right-of-way shall be 100 feet. The minimum setback of a non-residential structure from a collector right-of-way shall be 50 feet, and from all local streets the minimum setback shall be 20 feet. D. The minimum lot frontage shall be 330 feet, except that the minimum lot 75 0106 1396 frontage in a planned unit development or subdivision shall be 100 feet. E. The minimum side and rear setback between any structure and a property line shall be 50 feet. 18.76.060 Stream Setback. To permit better light, air, vision, stream or pollution control, protect fish and wildlife areas and preserve natural scenic amenities and vistas along the streams and lakes, all structures, buildings or similar permanent fixtures shall be set back from the high-water line or mark along all streams or lakes a minimum of 100 feet measured at right angles to the high-water line or mark. 18.76.070 Off -Street Parking and Loading. Off-street parking and loading shall be provided in accordance with the provisions of this chapter and Chapter 18.116. 18.76.080 Design and Use Criteria. The Planning Director or Hearings Body [Officer] shall take into account the impact of the proposed conditional use on nearby resi- dential and commercial uses, on resource carrying capacities and on the capacity of transportation and other public facilities and services. In approving a proposed conditional use, the Planning Director or Hearings Body [Officer] shall find that: A. The proposed use is in compliance with the Comprehensive Plan. B. The proposed use is in compliance with the intent and provisions of this ordi- nance. C. That any adverse social, economical, physical or environmental impacts are mini- mized. D. That the proposed use is not sensitive to noise of the character anticipated by the current and expected noise level contours of the airport. E. That the proposed use is compatible with adjacent agricultural and residential uses. F. That there are sufficient public facili- 0106 139'7 ties and services to support the proposed use. G. That the location and site design of the proposed facility will not be hazardous to the safety and general welfare of surrounding properties, and that the location will not unnecessarily restrict existing and future development of surrounding lands as indicated in the comprehensive plan. H. That the use shall make the most effective use reasonably possible of the site topography, existing landscaping and building placement so as to preserve existing trees and natural features, preserve vistas and other views from public ways, minimize visibility of parking, loading and storage areas from public ways and neighboring residential uses, and minimize intrusion into the character of existing developments and land uses in the immediate vicinity of the proposed use. 18.76.090 Additional Requirements. As a condition of approval of any condi- tional use proposed within the A -D zone, the Planning Director or Hearings Body [Officer] may require: A. An increase in required setbacks. B. Additional off-street parking and loading facilities and building standards. C. Limitations on signs or lighting, hours of operation, points of ingress and egress and building heights. D. Additional landscaping, screening and other improvements. E. Glare -resistant materials in construc- tion or other methods likely to reduce operat- ing hazards. F. Other conditions considered neces- sary to achieve compliance and policies of the comprehensive plan. (Ord. 80-221 § 1, 1980) 18.76.100 Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 17, 1986) 76 Chapter 18.80 AIRPORT HEIGHT COMBINING A -H ZONE Sections: 18.80.010 Purpose 18.80.020 Application of Provisions 18.80.030 Uses Permitted Outright 18.80.040 Uses Permitted Conditionally 18.80.050 Use Limitations 18.80.060 Dimensional Standards 18.80.070 Zoning Permits 18.80.080 Design Review 18.80.090 Septic Permits In any zone which is a combining A -H Zone, the requirements and standards of this section shall apply in addition to those speci- fied in the ordinance for the underlying zone. If a conflict in regulations or standards occurs, the provisions of this section shall govern. 18.80.010 Purpose. The purpose of the Airport Height Combining Zone is to restrict the height of trees, buildings, structures, or other items which might intrude into areas used by air- craft. 18.80.020 Application of Provisions. The provisions of this section shall apply to all areas under airport approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces. 18.80.030 Uses Permitted Outright. Uses permitted shall be those identified in the underlying zone with which the A -H Zone is combined. 18.80.040 Uses Permitted Conditionally. Uses permitted conditionally shall be those identified as conditional uses in the under- lying zone with which the A -H Zone is com- bined, and shall be subject to all conditions of 77 0196 1398 the underlying zone as well as the conditions of the A -H Zone. 18.80.050 Use Limitations. No use in an A -H Zone shall be allowed that could reasonably be expected to endanger the safety of persons in aircraft passing over the land or persons and property on the ground. Reasonable conditions to protect the public safety may be imposed by the Planning Director or Hearings Body. 18.80.060 Dimensional Standards. [In an A -H Zone, the following dimensional standards shall apply:] A. Minimum lot size and setbacks shall be those indicated in the underlying zone with which the A -H Zone is combined. B. Height Limitations. No structure or plant growth shall exceed 35 feet in height in any of the following zones: a. Utility Runway Visual Approach Zone. Slopes twenty feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline. b. Runway Larger Than Utility With a Visibility Minimum Greater Than 3/4 Mile Non -Precision Instrument Approach Zone. Slopes thirty-four feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline. C. Transitional Zones. Slopes seven feet outward for each foot upward beginning at the side of and at the same elevation as the primary surface and approach surface, and extending to a height of 150 feet above the airport elevation which is 3,452 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. d. Horizontal Zone. Established at 150 feet above the airport elevation or at a height of 3,602 feet above mean sea level. e. Conical Zone. Slopes twenty feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. f. Where an area is covered by more than one height limitation, the more restric- tive shall prevail. g. The airport owners, or their agents, shall be permitted at mutually agreed upon times to enter onto private property to reduce the height of trees which exceed the height limitations herein established. 0 0106 1099 Chapter 18.84 LANDSCAPE MANAGEMENT COMBINING - LM ZONE Sections: 18.84.010 Purpose 18.84.020 Application of Provisions 18.84.030 Uses Permitted Outright 18.84.040 Uses Permitted Conditionally 18.84.050 Use Limitations 18.84.060 Dimensional Standards 18.84.070 Zoning Permits 18.84.080 Design Review 18.84.090 Septic Permits In any LM Combining Zone, the require- ments and standards of this section shall apply in addition to those specified in this ordinance for the underlying zone. If a con- flict in regulation or standards occurs, the provision of this section shall govern. 18.84.010 Purpose. The purposes of the Landscape Manage- ment Combining Zone are to maintain scenic and natural resources of the designated areas and to maintain and enhance scenic vistas important to the local economy. 18.84.020 Application of Provision. The provisions of this section shall apply to all areas identified as landscape management corridors in the Comprehensive Plan or the county zoning map. The limitations in this section shall not unduly restrict accepted agricultural practices. 18.84.030 Uses Permitted Outright. In a zone with which the LM Zone is com- bined, the uses permitted shall be those permitted outright by the underlying zone with which the LM Zone is combined, subject to Section 18.84.050, below. 18.84.040 Uses Permitted Conditionally. In a zone with which the LM Zone is com- bined, the uses permitted shall be those 79 0106 1400 permitted conditionally by the underlying zone with which the LM Zone is combined, subject to Section 18.84.050, below. 18.84.050 Use Limitations. No structure, including agricultural build- ings, shall be erected or substantially altered externally within one-quarter mile (measured at right angles from centerline of any identi- fied landscape management roadway or within 200 feet of the ordinary [mean] high water mark of any identified landscape management corridor along a river) without first obtaining the approval of the Planning Director or Hearings Body. 18.84.060 Dimensional Standards. In an LM Zone, the following dimensional standards shall apply: A. Minimum lot size shall be as estab- lished in the underlying zone with which the LM Zone is combined. B. Setbacks shall be those established in the underlying zone with which the LM Zone is combined. If upon written recommenda- tion from the Planning Director, the Planning Director or Hearings Body [Officer] finds the established setbacks inappropriate to carry out the purpose of the LM Zone, he may require more or less restrictive dimensions. 18.84.070 Zoning Permits. All buildings or structures covered by this section not requiring a building permit shall be required to obtain a zoning permit before beginning construction. 18.84.080 Design Review. In reviewing an application, the Planning Director or Hearings Body shall consider the following: A. Height, width, color, bulk and texture of the proposed building or structure to assure that the building or structure is visually compatible with the surrounding natural land- scape and does not unduly generate glare or other distracting conditions. B. Retention of existing plant material and natural features [so as] to retain as much as possible the natural character of the area. C. Establishment of introduced land- scape materials to assure compatibility with existing vegetation, reduce glare, direct auto- mobile and pedestrian circulation and enhance the overall appearance of the devel- opment while not interfering with the views of oncoming traffic at access points or views of mountains, forests and other open and scenic areas as seen from the proposed site. D. Nothing in the section shall be con- strued to prevent the use of accepted agricul- tural practices, crops or equipment or restrict the construction of innovative residences, i.e. "dome" houses, except where their design or siting unduly diminishes the aesthetic qualities of the area. E. The placement of on-site sewage disposal systems shall be subject to joint review by the Planning Director or Hearings Body and Deschutes County Environmental Health Division. The placement of such systems shall minimize the impact on the vegetation along the river and shall allow a dwelling to be constructed on the site as far from the stream or lake as possible. Sand filter systems may be required as replacement systems when this will allow a dwelling to be located further from the stream or to meet the 100 -foot setback requirement. 18.84.090 Septic Permits. Prior to the issuance of any on-site sewage disposal permit that is to be located in the Landscape Management Corridor along a stream or lake, a Landscape Management Plan shall be approved in accordance with this section. (Ord. 90-020 § 1, 1990) :1 0106 1401 Chapter 18.88 WILDLIFE AREA COMBINING WA ZONE Sections: 18.88.010 Purpose 18.88.020 Application of Provisions 18.88.030 Uses Permitted Outright 18.88.040 Uses Permitted Conditionally 18.88.050 Use Limitation 18.88.060 Dimensional Standards In any zone which is a Wildlife Area Combining Zone (WA), the requirements and standards of this section shall apply in addi- tion to those specified in this ordinance for such underlying zone. If a conflict in regula- tions or standards occurs, the provisions of this section shall govern except that the larger minimum lot size shall always apply. 18.88.010 Purpose. The purpose of the Wildlife Area Combining Zone is to conserve important wildlife areas in Deschutes County; to protect an important environmental, social, and economic element of the area; and to permit development compatible with the protection of the wildlife resource. 18.88.020 Application of Provisions. The provisions of this section shall apply to all areas identified in the Comprehensive Plan as a winter deer range, antelope range or riparian area. 18.88.030 Uses Permitted Outright. In a zone with which the WA Zone is combined, the uses permitted outright shall be those permitted outright by the underlying zone with which the WA Zone is combined. 18.88.040 Uses Permitted Conditionally. In a zone with which the WA Zone is combined, the conditional uses permitted shall be those permitted conditionally by the RE 0106 1402 underlying zone with which the WA Zone is combined. 18.88.050 Use Limitation. All residential, commercial or industrial developments within the WA Zone shall be a cluster development (residential only), a planned development, or a destination resort and shall conform to the provisions of Sections 18.128.040(P), (Q) or (R). 18.88.060 Dimensional Standards. In a WA Zone, the following dimensional standards shall apply: A. Minimum lot size shall be 40 acres in the Metolius and North Paulina and Tumalo deer winter ranges, except that planned devel- opments in these areas shall be allowed to conform to the density of the underlying zone. B. Planned or cluster developments shall have a minimum area of 160 acres. Parcels existing under single ownership at the time of adoption of this ordinance that are at least 40 acres in size which may also be considered for planned or cluster development status. C. In the Tumalo deer winter range, the minimum acreage shall be as designated in the Tumalo winter range study. Planned or cluster developments in this area shall be at least 160 acres in size unless a 40 acre or larger parcel existed under single ownership at the time of the adoption of this ordinance, in which case the parcel may be considered for planned or cluster development status. D. In the antelope range, the minimum lot size shall be 320 acres. Planned or cluster developments shall be 320 acres unless a 40 acre or large parcel existed under single ownership at the time of the adoption of this ordinance, in which case the parcel may be eligible for planned or cluster development status. E. In riparian areas, the minimum parcel size shall be that determined by the County Sanitarian and Planning Director or Hearings Body, with advice from the Oregon Fish & Wildlife Department, necessary to protect the health and safety of the public as well as fish 0106 1403 and wildlife resources. F. Setbacks shall be as described in the underlying zone with which the WA Zone is combined. Chapter 18.92 CONVENTIONAL HOUSING COMBINING - CH ZONE Sections: 18.92.010 Purpose 18.92.020 Permitted Uses 18.92.030 Use Limitations In a Conventional Housing Combining Zone (CH), the requirements and standards of this section shall apply in additional to those specified in this ordinance for the underlying zone. If a conflict in regulations or standards occurs, the provisions of this section shall govern. 18.92.010 Purpose. To provide a variety of residential environ- ments in rural areas by maintaining areas reserved for conventional and modular housing permanently attached to real prop- erty. 18.92.020 Permitted Uses. All outright and conditional uses allowed in the underlying zone except that in no case shall a housing type be allowed that is other than conventional or modular housing perma- nently attached to real property. 18.92.030 Use Limitations. All use and dimensional conditions con- tained in the underlying zones shall apply to the CH Zone. W x'100 1404 Chapter 18.96 FLOOD PLAIN - FP ZONE Sections: 18.96.010 Purposes 18.96.020 Designated Areas 18.96.030 Uses Permitted Outright 18.96.040 Conditional Uses Permitted 18.96.050 Prohibited Uses 18.96.060 Limitations on Conditional Uses 18.96.070 Application for Conditional Use 18.96.080 Criteria to Evaluate Conditional Uses 18.96.090 Yard and Setback Requirements 18.96.100 Stream Setback 18.96.110 Dimensional Standards 18.96.120 Warning and Disclaimer of Liability 18.96.130 Use Variances 18.96.010 Purposes. The purposes of the Flood Plain Zone are: to implement the Comprehensive Plan Flood- ing Section; to protect the public from the hazards associated with flood plains; to con- serve important riparian areas along rivers and streams for the maintenance of the fish and wildlife resources; and to preserve signifi- cant scenic and natural resources while bal- ancing the public interests with those of individual property owners in the designated areas. (Ord. 88-030 § 4, 1988) 18.96.020 Designated Areas. The Flood Plain Zone shall include all areas designated as 'Base Flood" areas by the Flood Insurance Study for Deschutes County. When base flood elevation data has not been pro- vided in the flood insurance study, the Plan- ning Division will obtain, review and reason- ably utilize any base flood elevation or flood - way data available from federal, state or other sources, in determining the location of a flood plain or floodway. (Ord. 88-030 § 4, 1988) 0 0106 1405 18.96.030 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Agricultural use conducted without establishing or utilizing a structure. For purposes of this paragraph, a "structure" does not include a boundary fence as long as such fence is designed to impede as little as pos- sible the movement of floodwaters and flood - carried material. B. Management, propagation and har- vesting of a forest product. C. Open space. D. Portions of a residential use that do not contain structures, such as lawn, garden or play areas. (Ord. 88-030 § 4, 1988) 18.96.040 Conditional Uses Permitted. A. A roadway, bridge or utility structure, except a landfill, that will not impede the waters of a base flood. B. Incidental storage of material or equipment that is either not subject to damage by flood, or is mobile and readily removable from the area within time available after flood warning. If such material is not readily removable, it shall be anchored to prevent flotation and shall not obstruct water flow. Material or equipment stored shall include only items which will not create a hazard to the health or safety of persons, property, animals or plant life should the storage area be inundated. C. Single-family dwelling, or a manufac- tured home in accordance with Section 18.116.070, on an individual lot. (Ord. 91-005 § 37, 1991; Ord. 89-009 § 3, 1989) D. Agricultural or residential related accessory buildings. E. Hydroelectric facilities in accordance with Sections 18.116.130 and 18.128.040(V). F. Excavation, grading and fill and removal in accordance with Sections 18.120.050 and 18.128.040(W). G. Recreational uses requiring only structures having an insignificant effect on flood waters, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launchings ramps, swimming areas, wildlife or nature preserves, game farms, fish hatcheries, shooting preserves and hunting or fishing areas. H. Subdividing or partitioning land in accordance with the provisions of this ordi- nance and Deschutes County Code Title 17, the Subdivision/Partition Ordinance. (Ord. 88-030 § 4, 1988) I. Expansion or substantial improve- ment of an existing dwelling, agricultural related structure or accessory building. I A boat dock or pier, either individual or community, on private property which lies in the following areas: a. On the Deschutes River between river miles 226.4 and 224.5. This area is identified in the Scenic Waterway Manage- ment Plan as the Wickiup River Community Area; b. On the Deschutes River between river miles 217.5 and 216.5. This Area is identified in the Scenic Waterway Manage- ment Plan as the Pringle Falls River Community Area; and C. On the Deschutes River between river miles 207 and 192. This area is identi- fied in the Scenic Waterway Management Plan as River Community Areas and Recrea- tional River Area respectively. (Ord. 89-009 § 4, 1989) 18.96.050 Prohibited Uses. Marinas, boat slips and boat houses on private property. (Ord. 89-009 § 5, 1989) 18.96.060 Limitations on Conditional Uses. The following limitations shall apply to all uses allowed by Section 18.96.040, above: A. No dwelling units, including manufac- tured housing, accessory structures [buildings] and farm use structures, shall be allowed, or additions to such structures allowed, in the floodway of any river or stream. B. No dwelling unit, including manufac- tured housing, accessory structures and farm use buildings, shall be located in the flood 99 0106 1406 plain unless it can be demonstrated by the applicant that no alternative exists on the subject lot which would allow the structure to be placed outside of the flood plain. C. Dwelling units, including manufac- tured housing, accessory structures and farm use buildings, shall be allowed only in areas of shallow flooding. D. No subdivision or partition shall be allowed which creates the potential for addi- tional residential dwelling units in the flood plain. E. A land use which would alter or relocate a water course shall not be allowed. F. The cumulative effect of any pro- posed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at [in] any point. G. Development which involves new construction or fill or removal in the floodway shall not be allowed unless a registered pro- fessional engineer provides certification [certification by a registered professional engineer is provided, demonstrating] that the proposal shall not result in any increase in flood levels during [occurrence of] a base flood discharge, that all necessary state and federal permits have been or can be obtained and that all other criteria and standards of this ordinance have been satisfied. (Ord. 88- 030 § 4, 1988) 18.96.070 Application for Conditional Use. An application for a conditional use in an FP Zone shall, at a minimum, contain the following information: A. A detailed explanation of why it is necessary to conduct the proposed use in the flood plain zone. B. A site plan, drawn to scale and accompanied by [such] drawings, sketches and descriptions which [as are necessary to] describe and illustrate the proposed use. This site plan shall include, at a minimum, existing and proposed site contours in relation to the base flood elevation, existing and proposed structures, drainage facilities, and an explana- tion of how erosion will be dealt with during and after construction of the use. C. The location of the property relative [with regard] to the channel of the river or stream. D. The location of existing and proposed diking or abutments, if any. E. The level of the lowest habitable floor and of any basement floor, for any dwelling unit or structure. F. The level to which the structure is to be floodproofed, if applicable. G. Elevations on the site plan shall be established by a licensed surveyor or engineer, and shall be in relation to mean sea level. H. Certification by a registered profes- sional engineer or architect that the flood - proofing methods for any structure meet the floodproofing criteria established by the Federal Emergency Management Agency and those set forth in this subsection. I. A description of the extent to which the watercourse will be altered or relocated as a result of the proposed development. J. All other elements or information which will assist in the evaluation of the proposed development and conformance with the applicable criteria. K. Certification by a registered profes- sional engineer verifying the floodproofing of structures shall be obtained showing the actual elevation in relation to mean sea level of the lowest floor, (including basement), of all new or substantially improved structures prior to occupancy or use of a structure. L. All records of any application for a conditional use and all certification of eleva- tions shall be maintained in the records of the Planning Division for public inspection. (Ord. 88-030 § 4, 1988) 18.96.080 Criteria to Evaluate Conditional Uses. A. A conditional use permit in a Flood Plain Zone shall not be approved unless all standards established by the Federal We 0106 140'7 Emergency Management Agency and this ordinance are addressed and findings made by the hearings body that each of the standards and criteria are satisfied. B. A conditional use permit shall be based upon findings which relate to the property and existing and proposed structure. They shall not pertain to the property owner, inhabitants, economic or financial circum- stances. C. All structures in the flood plain shall meet the following standards. a. Anchoring. i. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. ii. All manufactured homes must be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over -the -top or frame ties to ground anchors (see FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques, on file with the Planning Division). b. Construction Materials and Methods. i. All new construction and substantial improvements shall be constructed with mate- rials and utility equipment resistant to flood damage. ii. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. iii. Electrical, heating, ventilation, plumb- ing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. C. Utilities. i. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. ii. New and replacement sanitary systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into flood waters. iii. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. Subdivision and Partition Proposals. a. All subdivision and partition pro- posals shall be consistent with the need to minimize flood damage. b. All subdivision and partition pro- posals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. C. All subdivision and partition pro- posals shall have adequate drainage provided to reduce exposure to flood damage. E. 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 proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. (Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.) F. Specific Standards. In the Flood Plain Zone, the following requirements must be met: a. Residential Construction. L New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. ii. Fully enclosed areas below the lower floor that are subject to flooding are prohib- ited, unless they are 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 LM 0106 1408 registered professional engineer or architect, or must meet or exceed the following 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. The bottom of all openings shall be no higher than one foot above grade. 3. Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. b. Non -Residential Construction. New construction and substantial improvements of any commercial, industrial or other non- residential 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: i. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water. ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. iii. Be certified by a registered profes- sional engineer or architect that the design and methods of construction are in accor- dance 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 certifications shall be provided to the county as set forth in 18.96.070(H), above. iv. Non-residential structures that are elevated, but not floodproofed, must meet the same standards for space below the lowest floor as described in Section 18.96.080(F), above. V. Applicants for floodproofing non- residential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood - proofed level (e.g. a building constructed to the flood level will be rated as one foot below that level). C. Manufactured Homes. All manufac- tured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation. Such manufactured homes shall be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 18.96.080(C)(a), above. (Ord. 88-030 § 4, 1988) d. Docks, Piers and Walkways. i. No individual boat dock or pier shall be allowed on any lot with less than two hundred (200) feet of river frontage. ii. No community boat dock or pier shall be allowed on any lot with less than one hundred (100) feet of river frontage. iii. No individual boat dock or pier shall be more than 20 feet in length or more than 8 feet in width. The total surface area shall not exceed 160 square feet. iv. No community boat dock or pier shall be more than 20 feet in length. The total surface area shall not exceed 320 square feet. V. A boat dock or pier shall not extend into or over the water more than 20 feet as measured from the ordinary high water mark (OHM), or 5% of the distance between the ordinary low water mark (OLM) on each river or stream bank measured at right angles to the shoreline, whichever is less, unless it can be shown that a greater extension: 1. is necessary to allow access to the OHM; 2. will not increase flood hazard; and 3. will not cause the deterioration or destruction of marine life or wildlife habitat. When the lines of ordinary high or low water cannot be determined by survey or inspection, then such lines shall be determined by a registered professional engineer using the annual mean high or low water for the pre- ceding year, using data from the State of Oregon Watermaster. vi. Individual boat docks and piers shall have a minimum 5 foot setback from 0106 1409 adjoining property boundaries projected over the water surface. vii. Dock, pier and walkway structures shall not be covered or enclosed. viii. All materials used in dock, pier or walkway construction must be in compliance with all DEQ and EPA regulations. ix. Docks, piers and walkways shall use either pilings or styrofoam floats if such floats are fully enclosed and sealed. X. Docks, piers and walkways shall not impede water movement or cause deposition on waterway beds. xi. Docks, piers and walkways containing concrete or wood preservatives shall be fully cured or dried prior to placement in the water. xii. No walkway shall be more than 4 feet in width. The length of the walkway shall be no more than the minimum required to allow access to a dock. xiii. Walkways shall include at least one handrail if the structure is elevated 30 inches or more from ground level. xiv. All docks, piers and walkways shall meet the test of non-interference with naviga- tion. e. Parking Facilities. No parking facility shall be located within 20 feet (measured at right angles) of the ordinary high water mark (OHM). (Ord. 89-009 § 7, 1989) G. Floodways. In floodways where potential extreme hazards exists due to the velocity of flood waters which carry debris, potential projectiles or due to a high potential for erosion [and erosion potential], the fol- lowing provisions shall apply: a. Encroachments, including fill, new construction, substantial improvements and other development, are prohibited unless certification by a registered professional engineer or architect is provided demonstrat- ing that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. b. If Section 18.96.080(G)(a) is satisfied, all new construction and substantial improve- ments shall comply with all applicable sections of this ordinance. (Ord. 88-030 § 4, 1988) 18.96.090 Yard and Setback Requirements. In an FP Zone, the following yard and setback requirements shall be maintained: A. The front setback shall be a minimum of 20 feet from a property line fronting on a local street, 30 feet from a property line fronting on a collector and 50 feet from an arterial. B. There shall be a minimum side yard of 10 feet for all uses. C. The minimum rear yard shall be 20 feet. D. The setback from a north lot line shall meet the solar setback requirements in Section 18.116.180. E. The minimum yard setback for a non- farm use from the property line adjacent to a farm use not owned by the applicant shall be 100 feet. (Ord. 88-030 § 4, 1988) 18.96.100 Stream Setback. To permit better light, air, vision, stream and pollution control, to protect fish and wildlife areas and to preserve the natural scenic amenities along streams and lakes, the following setbacks shall apply: A. All sewage disposal installations such as septic tanks or septic drainfields shall be setback from the ordinary high water mark [mean high-water line or mark] along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water [line or] mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet, and the County Sanitarian finds that a closer location will not endanger public health or safety, a setback exception may be permitted to locate these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar permanent fixtures shall be set back from the 0106 1410 ordinary high water [line or] mark along all streams or lakes a minimum of 100 feet measured at right angles from the ordinary high water [line or] mark. (Ord. 88-030 § 4, 1988) 18.96.110 Dimensional Standards. In an FP zone, the following dimensional standards shall apply: A. Lot Coverage. The main building and accessory buildings located on any build- ing site or lot shall not cover in excess of 30% of the total lot area. B. Building Height. No non-agricultural building or structure shall be erected or enlarged to exceed 2 stories or more than 30 feet in height. C. Minimum lot size shall be 10 acres for all areas which have received an exception to the Statewide Planning Goals for resource uses. Areas which have not received an exception to the Statewide Planning Goals shall have a minimum lot size of 80 acres. 18.96.120 Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based upon scien- tific 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 shall not create liability on the part of Deschutes County, any officer, agent or employee thereof, or the Federal Insurance Admin- istration, for any flood damages that result from reliance on this ordinance or any deci- sion lawfully made hereunder. (Ord. 88-030 § 4, 1988) 18.96.130 Use Variances. Use variances or variances to the standards established by Sections 18.96.060 and 18.96.080 shall not be allowed. (Ord. 88-030 § 4, 1988) Chapter 18.100 RURAL INDUSTRIAL - R -I ZONE Sections: 18.100.010 Purpose 18.100.020 Uses Permitted Outright 18.100.030 Conditional Uses 18.100.040 Use Limitations 18.100.050 Dimensional Standards 18.100.060 Stream Setbacks 18.100.070 Off -Street Parking and Loading 18.100.080 Site Design 18.100.090 Design and Use Criteria 18.100.100 Additional Requirements 18.100.110 Solar Setback 18.100.120 Rimrock Setback In an R -I Zone, the following regulations shall apply: 18.100.010 Purpose. The purposes of the Rural Industrial Zone are to encourage employment opportunities in rural areas and to promote the appropriate economic development of rural service centers which are rapidly becoming urbanized and soon to be full-service incorporated cities, while protecting the existing rural character of the area as well as preserving or enhancing the air, water and land resources of the area. 18.100.020 Uses Permitted Outright. In an R -I Zone, the following uses and their accessory uses are permitted outright except as limited by Section 18.100.040, below, and unless located within 600 feet from a residen- tial dwelling, a lot within a [duly] platted subdivision or a residential zone. A. Automotive wrecking yard totally enclosed by a sight -obscuring fence. B. Farming. C. Residence for caretaker or night watchman on property. D. Freight depot. E. Contractor's or building materials business and other construction -related busi- ness including plumbing, electrical, roof, 0106 14.1 siding, etc., provided such use is wholly enclosed within a building or no outside storage is permitted unless enclosed by sight - obscuring fencing. F. Ice or cold storage plant. G. Wholesale distribution outlet includ- ing warehousing, but excluding open outside storage. H. Welding, sheet metal or machine shop provided such is wholly enclosed within a building or all outside storage is enclosed by sight -obscuring fencing. I. Veterinary clinic or kennel. J. Laboratory for experiment, research or testing. K. Compounding, packaging and storage of cosmetics, drugs, perfumes, pharmaceuticals, soap or toiletries excluding all processes involving refining or rendering of fats and oils. L. Government buildings including armories and maintenance, repair or storage facilities provided all outside storage is enclosed by sight -obscuring fencing. M. Manufacture, repair or storage of ceramic products, musical instruments, novel- ties, rubber or metal stamps, toys, optical goods, scientific or electronic supplies and equipment, business machines, pleasure boats, furniture, signs and similar operations pro- vided no outside storage is involved. N. Processing, packaging and storage of food and beverages excluding those requiring distillation, fermentation, rendering of fats or oils, or slaughtering. O. Lumber manufacturing and wood processing except pulp and paper manufactur- ing. P. Electrical substations. 18.100.030 Conditional Uses. A. Any use permitted by Section 18.100.020, above, which is located within 600 feet of a residential dwelling, a lot within a [duly] platted subdivision or a residential zone. B. Public or semi-public use. C. Manufacture, repair, rental, sales, servicing, and storage of machinery, imple- ments, equipment, trailers or manufactured homes. D. Any use permitted by Section 18.100.020, above, which involves open storage. E. Concrete or ready -mix plant. F. Petroleum products storage and distribution. G. Storage, crushing and processing of minerals, including the processing of aggre- gate into asphaltic concrete or portland cement concrete. (Ord. 90-014 § 38, 1990) H. Commercial feedlot, stockyard, sales yard, slaughterhouse and rendering plant. I. Railroad trackage and related facili- ties. J. Pulp and paper manufacturing. [Lumber and other wood products manufac- turing.] K. Agricultural products storage and processing plants. L. Any use permitted by Section 18.100.020, above, which is expected to exceed the following standards: a. Lot coverage in excess of 70%. b. Need for [Require] more than one acre of land. C. Generation of [Generates] any odor, dust, fumes, glare, flashing lights or noise that is perceptible without instruments 500 feet from the property line of the subject use [without instruments]. M. Manufacture, repair or storage of articles manufactured from bone, cellophane, cloth, cork, feathers, felt, fiber, glass, stone, paper, plastic, precious or semi-precious stones or metal, wax, wire, wood, rubber, yarn or similar materials, provided such uses do not create a disturbance because of odor, noise, dust, smoke, gas, traffic or other factors. N. Plant nursery or greenhouse. O. Landfill when a written tentative approval by DEQ of the site is submitted with the conditional use application. 91 0106 1412 P. Hydroelectric facility, in accordance with Sections 18.116.130 and 18.128.040(V). (Ord. 86-018 § 15, 1986) 18.100.040 Use Limitations. In an R -I Zone, the following limitations and standards shall apply to all permitted and conditional uses: A. No use that requires a lot area exceeding 9,000 square feet shall be permitted to locate adjacent to an existing residential dwelling, a lot in a [duly] platted subdivision or a lot in a residential zone. B. No use expected to generate more than 30 truck -trailer or other heavy equip- ment trips per day to and from the subject property shall be permitted to locate on a lot adjacent to or across a street from a residen- tial dwelling, a lot in a [duly] platted subdivi- sion or a residential zone. C. No use shall be permitted that gener- ates more than 20 auto or truck trips during the busiest hour of the day to and from the premises unless served directly by an arterial or collector or other improved street or road designed to serve the industrial use which does not pass through or adjacent to residen- tial lots in a [duly] platted subdivision or a residential zone. D. Any use on a lot adjacent to or across the street from a residential dwelling, a lot in a [duly] platted subdivision or a residential zone shall not emit odor, dust, fumes, glare, flashing lights, noise, or similar disturbances perceptible without instruments more than 200 feet in the direction of the affected resi- dential use or lot. E. All parking demand created by any use permitted by this section shall be accom- modated on the applicant's premises entirely off-street. F. No use permitted by this section shall require the backing of traffic onto a public or private street or road right-of-way. G. There shall be only one ingress and one egress from properties accommodating uses permitted by this section per each 300 feet or fraction thereof of street frontage. If necessary to meet this requirement, permitted uses shall provide for shared ingress and egress. H. All uses permitted by this section shall be screened from adjoining residential uses by a sight -obscuring fence [densely planted trees and shrubs or sight -obscuring fencing]. I. No use shall be permitted to operate for business between the hours of 11:00 p.m. and 7:00 a.m. if located adjacent to or across the street from a residential dwelling, a lot in a [duly] platted subdivision or a residential zone except as approved by the County Sheriff. J. No use shall be permitted which has been declared a nuisance by state statute, county ordinance or a court of competent jurisdiction. No use requiring contaminant discharge permits shall be approved by the Planning Director or Hearings Body [Officer] prior to review by the applicable state or federal permit -reviewing authority, nor shall such uses be permitted adjacent to or across a street from a residential use or lot. 18.100.050 Dimensional Standards. In an R -I Zone, the following dimensional standards shall apply: A. The minimum lot size shall be deter- mined in accordance with the provisions of this section relative to setback requirements, off-street parking and loading, and as deemed necessary by the Planning Director or Hear- ings Body [Officer] to maintain air, water and land resource quality and to protect adjoining and area land uses. B. No use permitted by this section that is located adjacent to or across the street from a residential use or lot in a [duly] platted subdivision residential zone [or resi- dential use or] shall exceed 70% lot coverage by all buildings, storage areas or facilities and required off-street parking and loading area. C. The minimum building setback between a structure and a street, road or railroad right-of-way line shall be 50 feet 92 0106 1413 unless a greater setback is required for compliance with Comprehensive Plan policies. D. The minimum setback between a structure and a property line adjoining a resi- dential lot or use shall be 50 feet. E. The minimum setback between a structure and an existing use shall be three feet from the property line and at least six feet from a structure on the adjoining prop- erty. F. The maximum building height for any structure shall be 25 feet on any lot adjacent to or across a street from a residential use or lot and 45 feet on any other lot. G. The minimum lot frontage shall be 50 feet. 18.100.060 Stream Setbacks. To permit better light, air, vision, stream pollution control, protect fish and wildlife areas and preserve the natural scenic ameni- ties and vistas along streams and lakes, the following setback shall apply: A. All sewage disposal installations, such as septic tanks and septic drainfields shall be set back from the ordinary high water mark [mean high-water line or mark] along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water [line or] mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning Direc- tor or Hearings Body [Officer] may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water [line or] mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water [line or] mark. 18.100.070 Off -Street Parking and Loading. Off-street parking and loading shall be pro- vided in accordance with the provisions of this section and Chapter 18.116. 18.100.080 Site Design. The site design of any use shall make the most effective use reasonably possible of the site topography, existing landscaping, and building placement [so as] to preserve existing trees and natural features, vistas and other views from public ways, minimize visibility of parking, loading and storage areas from public ways and neighboring residential uses and minimize intrusion into the character of existing development in the immediate vicinity of the proposed use. 18.100.090 Design and Use Criteria. In the consideration of an application for a proposed use in an R -I Zone, the Planning Director or Hearings Body [Officer] shall take into account the impact of the proposed use on nearby residential and commercial uses, on resource carrying capacities and on the capacity of transportation and other public facilities and services. To approve a proposed use, the Planning Director or Hearings Body [Officer] shall find that: A. The proposal is in compliance with the Comprehensive Plan. B. The proposal is in compliance with the intent and provisions of this ordinance. C. That any adverse social, economical, physical or environmental impacts are mini- mized. 18.100.100 Additional Requirements. As a condition of approval of any use pro- posed within an R -I Zone, the Planning Director or Hearings Body [Officer] may require: A. An increase in required setbacks. B. Additional off-street parking and loading facilities. C. Limitations on signs or lighting, hours of operation, and points of ingress and egress. 93 OTOS 1414 D. Additional landscaping, screening and other improvements. [E. The setback from the northern lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 20, 1983)] 18.100.110 Solar Setback. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 20, 1983) 18.100.120 Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 18, 1986) Chapter 18.104 RESEARCH AND DEVELOPMENT R&D ZONE Sections: 18.104.010 Purpose 18.104.020 Uses Permitted Outright 18.104.030 Uses Permitted Conditionally 18.104.040 Use Limitations 18.104.050 Dimensional Standards 18.104.060 Stream Setback 18.104.070 Off -Street Parking and Loading 18.104.080 Site Design 18.104.090 Design and Use Criteria 18.104.100 Additional Requirements 18.104.110 Rimrock Setback In an R&D Zone, the following regulations shall apply: 18.104.010 Purpose. The purpose of the Research and Develop- ment Zone is to allow research and develop- ment facilities requiring a more rural, non- industrial location to be located in designated areas of the county and encourage employ- ment opportunity within the county while protecting the rural character of the area, as well as preserving or enhancing the air, water and land resources of the area. 18.104.020 Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Farming, except for livestock feed lot or sales yard, hog or mink farms. B. Office Buildings. C. Research and development labora- tories. D. Residence for caretaker or night watchman on property with existing research and development use. 18.104.030 Uses Permitted Conditionally. A. Manufacturing and assembly of elec- tronic instruments and equipment and electri- cal devices. 94 0105 1415 B. Manufacturing and assembly of preci- sion instruments, tools or devices. C. Manufacturing of medicines and pharmaceuticals. D. Limited incidental manufacture of a research product. E. Restaurant and cafeteria facilities for employees. 18.104.040 Use Limitations. The following limitations and standards shall apply to all permitted uses: A. Any use on a lot adjacent to or across a street from a residential use or lot in a [duly] platted subdivision or residential zone, shall not emit odor, dust, fumes, glare, flash- ing lights, noise, or other similar disturbances perceptible without instruments more than 200 feet in the direction of the affected resi- dential use or lot. B. All parking demand created by any use permitted by this section shall be accom- modated on the applicant's premises entirely off-street. C. No use permitted by this section shall require the backing of traffic onto a public or private street or road right-of-way. D. There shall be only one ingress. E. All uses shall be screened from adjoining residential uses by densely planted trees and shrubs or sight -obscuring fencing. F. No use shall be permitted to operate between the hours of 11:00 p.m. and 7:00 a.m. if located adjacent to or across the street from a residential use or lot in a [duly] platted subdivision or residential zone, if the use creates noise in violation of the County Noise Ordinance except as provided by the County Sheriff. G. No use shall be permitted which has been declared a nuisance by state statute, county ordinance or court of competent jurisdiction. No use requiring contaminant discharge permits shall be approved by the Planning Director or Hearings Body [Officer] prior to review by the applicable state or federal permit -reviewing authority, nor shall such uses be permitted adjacent to or across the street from a residential use or lot. 18.104.050 Dimensional Standards. In an R&D Zone, the following dimensional standards shall apply: A. The minimum lot size shall be deter- mined in accordance with the provisions of this section relative to setback requirements, off-street parking and loading, and as deemed necessary by the Planning Director or Hear- ings Body [Officer], to maintain air, water and land resource quality and to protect adjoining and area land uses. B. No use which is located adjacent to or across a street from a residential use or lot in a [duly] platted subdivision or residential zone shall exceed more than 70% lot coverage by all buildings, storage areas or facilities, and required off-street parking and loading areas. C. The minimum building setback between a structure and a street, road or railroad right-of-way line shall be 50 feet unless a greater setback is required for com- pliance with Comprehensive Plan policies. D. The minimum setback between a structure and a property line adjoining a resi- dential lot or use in a [duly] platted subdivi- sion or residential zone shall be 50 feet. E. The minimum setback between a structure and an existing use shall be three feet from the property line and six feet from a structure on the adjoining property. F. The maximum building height shall be 25 feet on any lot adjacent to or across the street from a residential use or lot in a [duly] platted subdivision or residential zone and 45 feet on any other lot. G. The minimum lot frontage shall be 50 feet. H. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 21, 1983) 18.104.060 Stream Setback. To permit better light, air, vision, stream pollution control, protect fish and wildlife areas and to preserve natural scenic amenities 95 0106 1416 and vistas along streams and lakes, the follow- ing setbacks shall apply: A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the ordinary high water mark [mean high-water line or mark] along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water [line or] mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning Direc- tor or Hearings Body [Officer] may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water [line or] mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water [line or] mark. 18.104.070 Off -Street Parking and Loading. Off -Street parking and loading shall be pro- vided in accordance with the provisions of this section and Chapter 18.116. 18.104.080 Site Design. The site design of any permitted use shall make the most effective use reasonably possi- ble of the site topography, existing land- scaping, and building placement so as to preserve existing trees and natural features, preserve vistas, and other views from public ways and neighboring residential uses, and to minimize intrusion into the character of existing developments in the immediate vicin- ity of the proposed use. 18.104.090 Design and Use Criteria. In the consideration of an application for a proposed use, the Planning Director or Hear- ings Body [Officer] shall take into account the impact of the proposed use on nearby resi- dential and commercial uses, on resource carrying capacities and on the capacity of transportation and other public facilities and services. In approving a proposed use, the Planning Director or Hearings Body [Officer] shall find that: A. The proposal is in compliance with the Comprehensive Plan. B. The proposal is in compliance with the intent and provisions of this ordinance. C. That any adverse social, economical, physical or environmental impacts are mini- mized. 18.104.100 Additional Requirements. As a condition of approval, the Planning Director or Hearings Body [Officer] may require: A. An increase in required setbacks. B. Additional off-street parking and loading facilities. C. Limitations on signs or lighting, hours of operation, and points of ingress and egress. D. Additional landscaping, screening and other improvements. E. Any other conditions considered necessary to achieve compliance with the intent and purposes of this ordinance and policies of the Comprehensive Plan. 18.104.110 Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 19, 1986) no 6106 141'7 Chapter 18.108 PLANNED COMMUNITY - PC ZONE Sections: 18.108.010 Purpose 18.108.020 Districts Permitted in a PC Zone 18.108.030 Site Plan Review 18.108.040 Owners Association 18.108.050 Approval of a PC zone 18.108.060 Amendment of a Development Plan In a PC Zone, the following regulations shall apply: 18.108.010 Purpose. Purpose of the Planned Community Zone is to provide standards and review procedures for the development of planned communities in Deschutes County. 18.108.020 Districts Permitted in an PC Zone. In a PC Zone, the following districts shall be established subject to the terms of the Master Plan. A. Single -Family Residential - RS District. a. Permitted Uses. The following uses and their accessory uses are permitted out- right: 1. Single-family dwelling. 2. One private garage for each dwelling unit. 3. Other accessory uses and buildings and structures customarily appurtenant to a permitted use. b. Conditional Uses. The following uses may be permitted subject to a conditional use permit: 1. Parks and recreation facilities, fire stations, libraries, museums; but not including storage or repair yards, warehouses or similar uses. 97 0106 1418 2. Recreation facilities, including swim- ming pools and tennis clubs for the private use of individuals or groups of individuals. 3. Utility substations or pumping sta- tions with no equipment storage and sewage treatment facilities. 4. Temporary subdivision tract office. 5. Community buildings. C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. d. Lot Requirements. The following lot requirements shall be observed, provided that the Planning Director or Hearings Body may allow smaller lots approved pursuant to this ordinance and consistent with the Compre- hensive Plan designations for preservation of forested area or significant rock outcroppings when these lots are internal to the subdivision or after a hearing if they are located on the edge of the new plat. 1. Lot Area. Every lot shall have a minimum area of 6,000 square feet. 2. Lot Width. Every lot shall have a minimum average width of 60 feet, except that a corner lot shall be a minimum of 70 feet. 3. Frontage. Every lot shall have a minimum width at the street of 50 feet, except that on an approved cul-de-sac this may be reduced to 30 feet. 4. Front Yard. The front yard shall be a minimum of 20 feet. 5. Side Yard. A side yard shall be a minimum of 5 feet. 6. Rear Yard. A rear yard shall be a minimum of 5 feet provided, however, that if there is common property adjoining the rear yard, the setback may be reduced 6 inches for each foot of common property exceeding 10 feet. 7. Lot Coverage. Maximum lot cover- age by buildings and structures shall be 35 percent of the lot area. 8. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 22, 1983) e. Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 20, 1986) B. Multiple Family Residential - RM District. a. Permitted Uses. The following uses and their accessory uses are permitted out- right: 1. Two-family dwelling or duplex. 2. Multiple -family dwellings, apartment houses and dwelling groups including town- houses and condominiums. 3. Permitted uses in an RS District. 4. Planned unit developments subject to site plan review. (Ord. 89-007 § 1, 1989) b. Conditional Uses. The following conditional uses may be permitted subject to a conditional use permit. 1. Parks and recreation facilities, fire stations, libraries, museums; but not including storage or repair yards, warehouses and similar uses. 2. Utility substations or pumping sta- tions with no equipment storage and no sewage treatment facilities. 3. Off-street parking lots when contigu- ous to a less restrictive zoning district. 4. Building over 30 feet in height. 5. Community building. 6. Temporary sales office for on-site dwelling units. 7. Time-share unit or the creation thereof. (Ord. 83-033 § 8, 1983) C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed a height of 30 feet without conditional use permit. d. Lot Requirements. The following lot requirements shall be observed: 1. Duplexes, threeplexes and fourplexes: i. Lot Area. Every lot shall have a minimum area of 5,000 square feet for the first dwelling unit, plus the following mini- mum unit square footages based upon the number of bedrooms per additional dwelling unit in the following table: 0106 1419 Studio or Efficiency 750 sq. ft. 1 Bedroom 1,000 sq. ft. 2 Bedrooms 1,500 sq. ft. 3 Bedrooms 2,250 sq. ft. 4 Bedrooms 2,500 sq. ft. [provided that] The overall density shall not exceed one dwelling unit per 2,000 square feet of lot area. ii. Lot Width. Every lot shall have a minimum average width of 50 feet. iii. Frontage. Every lot shall have a minimum width at the street of 50 feet, except that on an approved cul-de-sac this may be reduced to 30 feet. iv. Front Yard. The front yard shall be a minimum of 10 feet. V. Side Yard. There shall be a mini- mum side yard of 5 feet and the sum of the 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. vi. 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 15 feet. vii. Lot Coverage. Maximum lot cover- age by buildings and structures shall be 40 percent of the total lot area. viii. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. (Ord. 83-037 § 23, 1983) 2. Townhouses, condominiums, zero lot line dwellings and apartments: (Ord. 89-007 § 3, 1989) i. There shall be no minimum lot area for apartments, townhouses, condominium developments or planned unit developments provided, however, that the overall density shall not exceed one dwelling per 2,000 square feet of land area. (Ord. 89-007 § 3, 1989) ii. Setbacks. Yard setbacks, lot widths and lot coverage shall be determined at the time of site plan approval. 3. Single Family Residences. i. Lot widths, yard setbacks and lot coverage shall be the same as provided in the RS District. e. Off -Street Parking. Off-street park- ing shall be provided for two cars per dwelling unit. f. Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 20, 1986) g. Planned unit developments. 1. There shall be no minimum lot area for Planned Unit Developments provided, however, that the overall density shall not exceed the density established by the Master Plan or the Deschutes County Zoning Ordi- nance. 2. Setbacks. Yard setbacks, lot widths and lot coverage shall be determined at the time of site plan review. 3. The system of ownership and the means of developing, preserving and main- taining open space shall be adequate. 4. A phasing plan and documentation of sufficient funding shall be submitted during site plan review to ensure completion of the project. 5. Uses within the planned unit develop- ment shall be established by the Master plan for the RM District. (Ord. 89-007 § 4, 1989) C. Commercial - C District. a. Permitted Uses. The following uses and their accessory uses are permitted out- right in the C District. 1. Ambulance service. 2. Antique shop. 3. Appliance sales (household), includ- ing minor repairs. 4. Art galleries, libraries and reading rooms. 5. Artist supplies and picture framing. 6. Auto parts sales (new). 7. Bakery, retail. 8. Bank or other financial institution. 9. Barber shop. 10. Beauty shop. 11. Book or stationery store. 12. Bicycle shop. 13. Churches. 0106 1420 14. Clothing store or tailor shop. 15. Clothes cleaning pick-up agency, clothes cleaning agency using non-flammable cleaning agents, including self-service cleaning or laundry establishment. 16. Confectionery or delicatessen. 17. Dairy products, sales only. 18. Drug store, including soda fountain. 19. Drygoods store, millinery shop, dress shop. 20. Florist shop. 21. Food store. 22. Frozen food locker, excluding whole- sale storage. 23. Furniture store. 24. Garden supply store. 25. Gift shop, notion or variety store. 26. Hardware store or paint store. 27. Health food store. 28. Hobby shop. 29. Home furnishings. 30. Jewelry store. 31. Leather goods and luggage. 32. Musical instruments. 33. Office - business or professional, not including the retail sale of goods. 34. Pet shop. 35. Photographic supplies and studio. 36. Radio and television sales and service. 37. Radio and television broadcasting studios and facilities, except towers. 38. Restaurant, bar and cocktail lounge, including entertainment. 39. Shoe store, shoe repair shop. 40. Service station. 41. Toy store. 42. Upholstery shop. 43. Technical and business schools. 44. Accessory uses and buildings cus- tomarily appurtenant to a permitted use, such as incidental storage, are permitted. 45. Bus stop. 46. Catering establishment. 47. Crafts in conjunction with retail sales (occurring on premises, such as stained glass/pottery, etc.) 48. Floor covering store. 49. Interior decorating. 50. Musical instruments/record store. 51. Liquor store. 52. Medical and dental clinic, office and laboratory. 53. Meat and seafood market, including a butcher shop for on-site sales. 54. Printer, blueprinting, photocopying and other reproduction processes. 55. Sporting goods store. 56. Telephone exchange. 57. Travel agency. 58. Wine/cheese store. 59. Video movie rental. 60. Real estate sales office. b. Conditional Uses. The following conditional uses may be permitted subject to a conditional use permit. 1. Residential dwelling units consistent with the master plan of the planned commu- nity subject to the standards of the RM Dis- trict. 2. Bowling alley. 3. Car wash. 4. Dancing or music school, nursery school, kindergarten and day-care facility. 5. Department store. 6. Drive-in restaurant. 7. Public buildings and public utility buildings and structures as may be appro- priate. 8. Club, lodge or fraternal organization. 9. Commercial off-street parking lot. 10. Theater. 11. Veterinary clinic or kennel operated entirely within an enclosed building. 12. Minor automotive repair, battery and tire store, provided the business is wholly conducted within an enclosed building and all waste or used parts are removed from the premises each day. 13. Bus passenger station. 14. Time-share unit or the creation thereof. (Ord. 83-033 § 9, 1983) 15. Miniature golf. (Ord. 88-032 § 1, 1988) C. Special Conditions. The above per- mitted or conditional uses shall not involve 100 0105 1421 the transport of chemicals which would present a significant hazard. d. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed a height of 40 feet. e. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yards shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an R District, and then the side yard shall be a minimum of 10 feet. The required side yards shall be increased by 1/2 foot for each foot by which the building height exceeds 20 feet. 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, 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. 7. Lot Coverage. No requirements. f. Off -Street Parking and Loading. Off- street parking and loading space shall be provided as required in Chapter 18.116. g. Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 20, 1986) D. Resort - R District. a. Permitted Uses. The following uses and their accessory uses are permitted out- right in the R District: 1. Restaurant, bar and cocktail lounge, including entertainment. 2. Convention facilities. 3. Meeting rooms. 4. Recreational facilities commonly associated with [the] resort developments, including but not limited to swimming pools, tennis courts, golf courses, putting greens, nature centers, boat docks, equestrian facili- ties and equipment rental facilities. 5. On-site sales of equipment and acces- sories directly related and customarily appur- tenant to existing recreational facilities. 6. Property sales offices operated by the developer. 7. Lodge facilities, except overnight accommodations. 8. Maintenance facilities associated with the resort development. b. Conditional Uses. The following conditional uses may be permitted subject to a conditional use permit: 1. Residential dwelling unit in conjunc- tion with a permitted use. 2. Public buildings and public utility buildings and structures as they may be appropriate to the R Zone. 3. Church, club or fraternal organiza- tion. 4. Storage buildings necessary for resorts and/or property development. 5. Motel, hotel and lodge facilities with overnight accommodations. 6. Retail sales commonly associated with outright permitted uses in the R District. 7. Schools. 8. Buildings over 30 feet in height. 9. Time-share unit or the creation thereof. (Ord. 83-033 § 10, 1983) C. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yard shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by 1/2 foot for each foot by which the building height exceeds 20 feet. 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, 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. 101 0106 1422 7. Lot Coverage. No requirements. d. Off -Street Parking and Loading. Off- street parking and loading space shall be provided as required in Chapter 18.116. e. Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 20, 1986) E. Industrial - I District. a. Permitted Uses. The following uses are permitted in the I Zone: 1. Existing residential uses, without any increase in density. 2. Scientific research or experimental development of materials, methods or pro- ducts, including engineering and laboratory research. 3. Administrative, educational and other related activities and facilities in conjunction with a permitted use. 4. Light manufacturing, assembly, fabri- cating or packaging of products from previ- ously prepared materials, such as cloth, plastic, paper, leather, precious or semi-pre- cious metals or stones. 5. Manufacture of food products, pharmaceuticals and the like, but not includ- ing the production of fish or meat products or fermented foods, such as sauerkraut, vinegar or the like, or the rendering of fats and oils. 6. Other similar uses which the Com- mission may find to be similar to those listed as permitted in the zone and which are not inconsistent with the purpose of this zone. 7. Accessory uses and buildings custom- arily appurtenant to a permitted use, such as incidental storage, are permitted. b. Conditional Uses. The following conditional uses may be permitted subject to a conditional use permit. 1. Public buildings and public utility structures and yards, including railroad yards. 2. Warehouses and distribution uses which the Commission finds not to be incon- sistent with the purpose of this zone and which will not impair present or potential use of adjacent properties. 3. Buildings over 45 feet in height. 4. A dwelling unit for a caretaker or watchman working on the property. 5. Commercial uses which are consistent with the Planned Communities Master Plan and which will not conflict with the uses permitted within the I Zone. 6. Hydroelectric facility, in accordance with Sections 18.116.130 and 18.128.040(V). (Ord. 86-018 § 16, 1986) C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed a height of 45 feet without conditional use permit. d. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. Each lot shall have a minimum depth of 100 feet. 4. Front Yard. The front yard shall be a minimum of 35 feet. 5. Side Yard. Side yard shall be a minimum of 25 feet, except when adjoining a lot in an RS or RM District and then the required side yard shall be 50 feet. No side yards are required on the side of a building adjoining a railroad right-of-way. 6. Rear Yard. A rear yard shall be a minimum of 25 feet, except when adjoining a lot in an RS or RM District and then the rear yard shall be 50 feet. No rear yard is required on the side of a building adjoining a railroad right-of-way. 7. Lot Coverages. The maximum lot coverage by buildings and structures shall be 50 percent of the total lot area. e. Off -Street Parking and Loading. Off- street parking and loading space shall be provided as required in Chapter 18.116. f. Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 20, 1986) F. Community Property - CP District. a. Permitted Uses. The following uses and their accessory uses are permitted out- right: 1. Schools, subject to site plan review. 102 0106 1423 2. Utility substations, utility equipment storage yards and pump stations. 3. Dedicated common areas. 4. Recreational facilities generally asso- ciated with resort developments, such as golf courses, tennis courts, swimming pools, parks, playgrounds, nature centers, putting greens, equestrian facilities. boat docks, amphi- theaters and observatories. 5. Open space. b. Conditional Uses. The following uses may be permitted subject to a conditional use permit and the provisions of Chapter 18.128: 1. Sewage treatment facilities. 2. Utility transmission lines. C. Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 20, 1986) G. Airports - A District. a. The following uses and their accessory uses are permitted outright: 1. Runway, fuel storage and sales and emergency repair. 2. Farm use. b. Conditional Uses: 1. Farm accessory buildings and uses. 2. Utility facility necessary for public service, except landfills. 3. Golf course. 4. Park, playground, other recreational site or facility or community service facility. 5. Related use, such as hangars, tie - down areas and parking facilities. C. Use Limitations. In an A District, the following limitations and standards shall apply to all uses permitted: 1. The height of any plant growth or structure or part of a structure such as chim- neys, towers, antennas, powerlines, etc., shall not exceed 35 feet. 2. In approach zones beyond the clear zone areas, no meeting place designed to accommodate more than 25 persons for public or private purposes shall be permitted. 3. All parking demand created by any use permitted by this section shall be accom- modated on the subject premises entirely off- street. 4. No use permitted by this section shall require the backing of traffic onto a public or private street or road right-of-way. 5. No power lines shall be located in clear zones. 6. No use shall be allowed which is likely to attract an unusual quantity of birds, particularly birds which normally fly at high altitudes. d. Dimensional Standards. In an A District, the following dimensional standards shall apply: 1. The minimum lot size shall be deter- mined in accordance with the provisions of this section relative to setback requirements, off-street parking and loading requirements, lot coverage limitations or as deemed neces- sary by the Planning Director or Hearings Body to maintain air, land and water resource quality, protect adjoining and area land uses and to ensure resource carrying capacities are not exceeded. 2. A [No] non-residential use located adjacent to or across the street from an existing residential use or platted residential lot shall not exceed 70 percent lot coverage [facilities] and shall require off-street parking and loading areas. 3. No residential use permitted by this section shall exceed 30 percent lot coverage by primary and accessory structures. 4. The minimum setbacks between any structure and an arterial right-of-way shall be 100 feet. The minimum setback of a non- residential structure from a collector right-of- way shall be 50 feet, and from all local streets the minimum setback shall be 20 feet. 5. The minimum setback between a non-residential structure and a property line adjoining a residential use or lot, or for a residential structure and a property line adjoining a non-residential use or lot, shall be 50 feet. 6. The minimum lot frontage shall be 50 feet. 7. The minimum side setback between any structure and a property line shall be 103 0106 1424 three feet, and the minimum total of both side setbacks shall be 12 feet. 8. The minimum rear setback between any structure and a rear property line shall be 25 feet. 9. Utility Runway Visual Approach Zone. Slopes twenty feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline. 10. Runway Larger than Utility with a Visibility Minimum Greater than 3/4 Mile Non -Precision Instrument Approach Zone. Slopes thirty-four feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline. 11 Transitional Zones. Slopes seven feet outward for each foot upward beginning at the side of and at the same elevation as the primary surface and approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the fore- going, there are established height limits beginning at the sides of and at the same elevation as they approach surface, and extending to where they intersect the conical surface. 12. Horizontal Zone. Established at 150 feet above the airport elevation. 13. Conical Zone. Slopes Twenty feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. e. Rimrock Setback. Setbacks from rimrock shall be as provided in Section 18.116.160. (Ord. 86-053 § 20, 1986) 18.108.030 Site Plan Review. Approval Required. Any use in an RM, C, [R], I, CP or A District shall be subject to Chapter 18.124. 18.108.040 Owners Association. Owners Association Required. Every planned community shall have an owners association whose membership shall consist of every owner within the planned community. This requirement shall be documented with [evidence by] a recorded declaration of cove- nants and restrictions which run with the land. The owners association shall be a non-profit corporation or other entity as approved by the Planning Director or Hearings Body. 18.108.050 Approval of a PC Zone. A. Application. Application for approval of a Planned Community shall be made according to the terms of the County Procedures Ordinance. The Planning Direc- tor or Hearings Body [Officer] shall conduct the initial hearing. Any approval shall, however, be automatically reviewed by the Planning Commission. B. Minimum Size. A planned commun- ity shall be at least 640 acres in size consisting of contiguous property. C. Densi . A planned community may have a density not to exceed 1.5 units per acre. D. Standards for Approval. Any planned community shall be developed in accordance with the existing subdivision ordinance of the county. E. Additional Standards. The Planning Director or Hearings Body [Officer] and Plan- ning Commission can adopt additional stan- dards for the development of planned com- munity which are consistent with Ordinance PL -20 and this ordinance. 18.108.060 Amendment of a Development Plan. A. Application. Application for an amendment to an approved development plan within a PC Zone shall be made in accor- dance with Deschutes County Code Title 22, the Uniform Development Procedures Ordi- nance, and zoning ordinance. The criteria shall be the same as for a change of zone. The Planning Director or Hearings Body 104 0100 1425 [Officer] shall conduct the initial hearing. Any approval shall[, however,] be automati- cally reviewed by the Planning Commission. B. Plan Required. The applicant shall submit the following documents as a part of the application: a. An original and 10 copies of the amended development plan. b. A description of each proposed change and the reasons for each change. C. A legal description of the area affected by the proposed change. d. Additional information as may be required. C. Standards for Approval. Any amended development plan shall be in con- formance with this section, the existing subdi- vision ordinances of the county, and the concept of the planned community for which a change is being requested. (Ord. 82-043 § 1 Exhibit A, 1982) Chapter 18.112 LIMITED USE COMBINING LU ZONE Sections: 18.112.010 Purpose 18.112.020 Combining Zone Requirements 18.112.030 Procedures 18.112.040 Use Limitations 18.112.050 Adoption 18.112.060 Official Plan/Zoning Map 18.112.070 Site Plan Requirement In any Limited Use Combining Zone (LU), the requirements and standards of this section shall apply in addition to those specified in this ordinance for the underlying zone and any other applicable combining zones. In the event of a conflict between the requirements and standards of this section and those of the underlying zone or other applicable combin- ing zones, the provisions of this section shall govern. (Ord. 88-022 § 1, 1988) 18.112.010 Purpose. A. The purpose of the LU Zone is to limit the list of permitted uses and general activities allowed in the underlying zone, when a plan amendment and zone change rezones a parcel to that underlying zone through the taking of an exception to a state- wide land use planning goal under ORS 197.732. B. The LU Zone is an overlay zone which may be applied, where appropriate, to plan amendments/zone changes effected by either a "physically developed" exception under ORS 197.732(1)(a), an "irrevocably committed" exception under ORS 197.732(1)(b), or a "reasons" exception under ORS 197.732(1)(c). C. The LU Zone, when adopted, shall carry out the requirement of Oregon Admini- strative Rule 660-04-018 that where a goal exception is taken, permitted uses shall be limited to those uses justified by the exception statement. (Ord. 88-022 § 1, 1988) 105 0106 1426 18.112.020 Combining Zone Requirements. When the LU Zone is applied, the uses permitted in the underlying zone shall be limited to those uses and general activities specifically set forth in the ordinance adopting the underlying zone and the LU Zone. Any change in those uses and general activities must be made through the plan/land use regulation amendment process. (Ord. 88-022 § 1, 1988) 18.112.030 Procedures. The LU Zone shall be applied through the plan amendment and rezoning process at the time the underlying plan and/or zone designa- tion is being changed. (Ord. 88-022 § 1, 1988) 18.112.040 Use Limitations. The following limitations shall apply to the underlying zone when the LU Zone is applied: A. In all cases, the hearings body shall establish that: a. The uses and general activities subject to the rezoning are required to be limited to those uses and general activities justified in the goal exception taken. b. A review of all zones in Ordinance No. PL -15 demonstrates that no existing zone adequately limits the uses and general activi- ties. C. The LU Zone, when applied to the underlying zone, is consistent with the Com- prehensive Plan and other applicable policies of the county. (Ord. 88-022 § 1, 1988) 18.112.050 Adoption. The ordinance adopting the underlying zone and the LU Zone shall set forth those specific uses and general activities which will be permitted or conditional uses. The descrip- tion of the permitted and conditional uses may be qualified as necessary to achieve the purpose of the LU Zone. (Ord. 88-022 § 1, 1988) 18.112.060 Official Plan/Zoning Map. The official plan/zoning map shall be amended to show an LU suffix on any parcel where the LU Zone has been applied. (Ord. 88-022 § 1, 1988) 18.112.070 Site Plan Requirement. A. In addition to limiting the uses in the underlying zone where the LU Zone is applied, the county may also require approval of the location of buildings, access, parking, screening and other site planning consider- ations in order to assure the compatibility of the permitted uses within the area. B. The process for reviewing the site plan shall be described at the time of the LU Zone application. Site plan requirements may be added by specific reference in the LU adopting ordinance. Specifications and stan- dards of the underlying zone remain in effect unless specifically altered by the site plan approval. Separate site plan approval shall not be required for any uses subject to a conditional use permit. (Ord. 88-022 § 1, 1988) 106 0100 142'7 Chapter 18.116 SUPPLEMENTARY PROVISIONS Sections: 18.116.010 Access -Minimum Lot Frontage 18.116.020 Clear -Visions Areas 18.116.030 Off -Street Parking and Loading 18.116.040 Accessory Uses 18.116.050 Manufactured Homes 18.116.060 Manufactured Home Installation Standards 18.116.070 Placement Standards for Manufactured Homes 18.116.080 A Manufactured Home or a Recreational Vehicle as a Temporary Residence on an Individual Lot 18.116.090 A Manufactured Home as a Temporary Residence for Medical Condition 18.116.100 Building Projections 18.116.110 Lot Size Reduction 18.116.120 Fences 18.116.130 Hydroelectric Facilities 18.116.140 Electrical Substations 18.116.150 Endangered Species 18.116.160 Rimrock Setbacks 18.116.170 Solar Height Restrictions 18.116.180 Building Setbacks for the Protection of Solar Access 18.116.190 Solar Access Permit 18.116.200 Time Share Unit 18.116.210 Conservation Easements on Property Adjacent to Rivers and Streams; Prohibitions 18.116.010 Access -Minimum Lot Frontage. Every lot shall abut a street other than alley for a least 50 feet. 18.116.020 Clear -vision Areas. A. In all zones, a clear -vision area shall be maintained on the corners of all property at the intersection of two streets or a street and a railroad. A clear -vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction 107 0106 1428 exceeding three and one-half feet in height, measured from the top of the curb or, where no curb exists, from the established street centerline grade, except that trees exceeding this height may be located in this area pro- vided all branches and foliage are removed to a height of eight feet above the grade. B. A clear -vision area shall consist of a triangular area on the corner of a lot at the intersection of two streets or a street and a railroad. Two sides of the triangle are sections of the lot lines adjoining the street or railroad measured from the corner to a distance specified in paragraphs (a) and (b) below. Where lot lines have rounded corners, the specified distance is measured from a point determined by the extension of the lot lines to a point of intersection. The third side of the triangle is the line connecting the ends of the measured sections of the street lot lines. [A clear -vision area shall consist of a triangular 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 lot lines have rounded corners, the lot lines extended in a straight line to a point of intersection and so mea- sured, the third side of which is a line across the corner of the lot joining the non -intersect- ing ends of the other two sides.] The follow- ing measurements shall establish clear -vision areas within the county: a. In an agricultural, forestry or indus- trial zone, the minimum distance shall be 30 feet or at intersections including an alley, 10 feet. b. In all other zones, the minimum distance shall be in relationship to street and road right-of-way widths as follows: Right -of -Way Width Clear -Vision 80 feet or more 20 feet 60 feet 30 feet 50 feet and less 40 feet 18.116.030 Off -Street Parking and Loading. A. Compliance. No building or other permit shall be issued until plans and evi- dence are presented to show how the off- street parking and loading requirements are to be met and that property is and will be available for exclusive use as off-street park- ing and loading. The subsequent use of the property for which the permit is issued shall be conditional upon the unqualified continu- ance and availability of the amount of parking and loading space required by this ordinance. B. Off -Street LoadinS. Every use for which a building is erected or structurally altered to the extent of increasing the floor area to equal a minimum floor area required to provide loading space and which will require the receipt or distribution of materials or merchandise by truck or similar vehicle, shall provide off-street loading space on the basis of minimum requirements as follows: 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: No. of Berths Sq. Ft. 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 area of 30,000 square feet or more shall provide off-street truck loading or unloading berths in accordance with the following table: No. of Berths Sq. Ft. 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 1: 0106 1429 clearance of 14 feet. Where the vehicles generally used for loading 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. C. Off -Street Parking. Off-street park- ing spaces shall be provided and maintained as set forth in this section for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of this ordinance is changed. D. Number of Spaces Re uy ired. Off- street parking shall be provided as follows: Use Requirement a. RESIDENTIAL One, two and three 2 spaces per family dwellings: dwelling unit Multi -family dwelling containing four or more dwelling units: Studio or efficiency unit .75 space per unit 1 bedroom unit 1.00 space per unit 2 bedroom unit 1.50 space per unit 3 bedroom unit 2.25 space per unit 4 bedroom unit 2.50 space per unit Apartment/hotel, .50 space guest rooming or boarding parking per house: dwelling unit. Quad or quint 4.5 spaces per quad dwelling: and 5.5 spaces per quint. 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 -manager. Club or lodge: Spaces to meet the combined require- ments of the uses being conducted such as hotel, restaurant, auditorium, etc. Fraternity, sorority 1 space for each 6 or dormitory: student beds. C. INSTITUTIONS Welfare or correc- tional institution: Convalescent Hos- pital, nursing hospital, sanitarium, rest home, home for the aged: 1 space per 3 beds for patients or inmates. 1 space per 2 beds for patients or residents. Hospital: 1.5 spaces per bed. d. PLACES OF PUBLIC ASSEMBLY Church: Library, reading room, museum, art gallery: 1 space per 4 seats or 8 feet of bench length in the main auditorium. 1 space per 400 sq. ft. of floor area plus 1 space per 2 employees. 109 0106 1430 Pre-school, nursery or 2 spaces per kindergarten: teacher. Elementary or junior 1 space per high schools: employee or 1 space per 4 seats or 8 feet of bench length in auditorium or assembly room, whichever is greater. High schools: 1 space p e r employee plus 1 space for each 6 students or 1 space per 4 seats or 8 feet of bench length in the main auditorium, whichever is greater. College or commercial 1 space per 3 seats school for adults: in classrooms. Other auditorium or meeting room: 1 space per 4 seats or 8 feet of bench length. If no fixed seats or benches, 1 space per 60 sq. ft. of floor space. e. COMMERCIAL AMUSEMENTS Stadium, arena or 1 space per 4 seats theater: or 8 feet of bench length. Bowling alley: Dance hall or skating rink: 6 spaces per lane plus 1 space per 2 employees. 1 space per 100 sq. ft. of floor area plus 1 space per 2 employees. f. COMMERCIAL Grocery stores of 1500 1 space per 300 sq sq. ft. or less of gross ft. of gross floor floor area, and retail area. stores, except those selling bulky merchandise: Supermarkets, grocery 1 space per 200 sq stores: ft. of gross floor area. (Ord. 90-017 § 1, 1990) Service or repair shops, retail stores and out- lets selling furniture, automobiles or other bulky merchandise where the operator can show the bulky merchandise 1 space per 600 sq occupies the major area ft. of gross floor of the building: area. Bank or office, except 1 space per 300 sq. medical or dental: ft. of gross floor area. Medical and dental 1 space per 150 sq office or clinic: ft. of gross floor area. Eating or drinking 1 space per 60 sq. establishments: ft. of gross floor area. Mortuaries: g. INDUSTRIAL Manufacturing estab- lishment: 1 space per 4 seats or 8 ft. of bench length in chapels. 1 space per employee on the 2 largest working shifts. 110 0106 1431 Storage warehouse, 1 space per 2,000 wholesale establishment sq. ft. of floor area. rail or trucking freight terminal: h. Other uses not specifically listed above shall be provided with adequate parking as required by the Planning Director or Hearings Body [Officer]. The above list shall be used as a guide for determining requirements for said other uses. E. General Provisions - Off -Street Parkins. 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 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 at any point of time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidence by a deed, lease, contract or other appropriate written document to establish the joint use. C. Location of Parking Facilities. Off- street parking spaces for dwellings shall be located on the same lot with the dwelling. Other required parking spaces shall be located on the same parcel or another parcel not farther than 500 feet from the building or use they are intended to serve, measured in a straight line from the building in a commercial or industrial zone. Such parking shall be located in a safe and functional manner as determined during site plan approval. The burden of proving the existence of such off -premise parking arran- gements rests upon the applicant. 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 or commercial and industrial uses shall not be located in a required front yard, but such space may be located within a required side or rear yard. F. Development and Maintenance Stan- dards for Off -Street Parking Areas. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows: a. An off-street parking area for more than five vehicles shall be effectively screened by a sight -obscuring fence.[, hedge or planting.] b. Any lighting used to illuminate off- street parking areas shall be so arranged that it will not project light rays directly upon any adjoining property in a residential [n R] zone. C. Groups of more than two (2) parking spaces shall be located and designed to prevent the need to back vehicles into a street or right-of-way other than an alley. [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 maneu- vering of vehicles shall be paved surfaces maintained adequately for all-weather use and so drained as to contain any flow of water on the site. e. Except for parking to serve residen- tial uses, parking and loading areas adjacent to residential uses shall be designed to mini- mize disturbance of residents. f. Access aisles shall be of sufficient width for all vehicular turning and maneuver- ing. 111 0106 1 432 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 maxi- mum 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 antici- pated. Service drives shall be clearly and permanently marked and defined through the use of rails, fences, walls or other barriers or markers. Service drives to drive-in establish- ments 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 centerline, the street right-of-way line and a straight line joining said lines through points 30 feet from their intersection. i. Parking spaces along the outer [other] boundaries of a parking area shall be contained by a curb or bumper rail placed to prevent a motor vehicle from extending over an adjacent property line or a street right-of- way. G. Off -Street Parking Lot Design. All off-street parking lots shall be designed in accordance with county standards for stalls and aisles as set forth in the following draw- ings 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 13.012.7 52.5 45 ° 9' 6" 20.1 13.013.4 53.3 10' 0" 20.5 13.014.1 54.0 9' 0" 21.0 18.010.4 60.0 60° 9' 6" 21.2 18.011.0 60.4 10' 0" 21.5 18.011.9 61.0 A B C D E F 9' 0" 21.019.0 9.6 61.0 70 ° 9' 6" 21.2 18.5 10.1 60.9 10' 0'21.2 18.010.6 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 24.010.0 64.0 A. Parking Angle B. Stall Width C. 20' Stall(Diagram Here) D. Aisle Width -One Way E. Curb Length Per Car F. Bay Width * 24' Minimum for Two -Way Traffic A _� B F D a. For one row of stalls use "C" + "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 square feet per vehicle for stall, aisle and access areas. [d. For narrow lots equivalent size stalls and aisles may be approved by the Planning Director.] d[e]. For large parking lots exceeding 20 stalls, alternate rows may be designed for compact cars provided that the compact stalls 112 0100 1433 do 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. 18.116.040 Accessory Uses. An accessory use shall comply with all requirements for a principal use, except as this ordinance specifically allows to the con- trary, and shall comply with the following limitations: A. A side yard or rear yard may be reduced to three feet for an accessory struc- ture erected more than 65 feet from a front lot line, provided the structure is detached from other buildings by five feet or more and does not exceed a height of one story nor an area of 450 sq. ft. B. Boats and trailers, travel trailers, pickup campers or coaches, motorized dwell- ings and similar recreational equipment may be stored on a lot but not used as an acces- sory use an any zone provided that: a. In a residential zone, parking or storage in a front yard or in a side yard adjoining a street other than an alley shall be permitted only on a driveway. b. Parking or storage shall be at least three feet from an interior side lot line. 18.116.050 Manufactured Homes. Manufactured Home Classes. For purposes of these regulations, manufactured homes are divided into the following types: A. A Class A manufactured home shall: a. Have more than one thousand (1000) square feet of occupied space in a double section or larger multi -section unit; b. Be placed on a permanent foundation or support skirting system as described in Section 18.116.060; C. Have wheels, axles and hitch mechanisms removed; d. Have utilities connected in accor- dance with the requirements of the Building Codes Agency and manufacturer's specifica- tions; e. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code; f. Have roofing materials of a type customarily used on site -constructed resi- dences, including wood shakes or shingles, asphalt or fiberglass shingles, corrugated mat - finish colored metal and tile materials, but not including high -gloss corrugated aluminum or fiberglass panels. The roof pitch shall be a minimum of 2 1/2; (Ord. 91-017 § 1, 1991) g. Have siding materials of a type custo- marily used on site -constructed residences such as clapboard, horizontal vinyl or alumi- num lap -siding, cedar or other wood siding, brick or stone, and not including high -gloss finished material, corrugated metal or fiber- glass, or metal or plastic panels. B. A Class B manufactured home shall: a. Have at least seven hundred and fifty (750) square feet of occupied space in a single, double, expando or multi -section unit; b. Be placed on a permanent foundation as described in Section 18.116.060; C. Have wheels, axles and hitch mecha- nisms removed; d. Have utilities connected in accor- dance with the requirements of the Building Codes Agency and manufacturer's specifica- tions; e. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code as of June 15, 1976; f. Have roofing materials of a type customarily used on site -constructed resi- dences, including wood shakes or shingles, asphalt or fiberglass shingles, corrugated mat - finish colored metal and tile materials, but not including high -gloss corrugated aluminum or fiberglass panels. The roof pitch shall be a minimum of 2 1/2; (Ord. 91-017 § 2, 1991) g. Have non -reflective siding materials and trim typical of site -constructed residences. C. A Class C manufactured home shall: a. Have at least five hundred and seventy-six (576) square feet of occupied 113 0106 1434 space, excluding tipouts and hitches; (Ord. 91-017§3,1991) b. Be placed on a permanent foundation or support system with skirting, as described in Section 18.116.060; C. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code as of June 15, 1976, or bear the Oregon Department of Commerce "Insignia of Compliance" (Ord. 91- 017§4,1991); d. Have utilities connected in accor- dance with the requirements of the Building Codes Agency and manufacturer's specifica- tions. D. A Class D manufactured home shall: a. Have more than three hundred and twenty (320) square feet of occupied space; b. Be placed on a permanent foundation or support system with skirting, as described in Section 18.116.060; C. Have utilities connected in accor- dance with requirements of the Building Codes Agency and manufacturer's specifi- cations. (Ord. 91-005 § 38,1991; Ord. 89-004 § 5, 1989) (Section 5.100, Minimum Standards for a Mobile Home... repealed by Ord. 89-004 § 3, 1989; Ord. 81-042 § 1, 1981) (Section 5.105, Mobile Home Design. . . repealed by Ord. 91-005 § 39, 1991; Ord. 89- 004 § 5, 1989) (Section 5.110, Mobile Home as Primary... repealed by Ord. 89-004 § 3, 1989; 81-042 § 2, 1981) 18.116.060 Manufactured Home Installation Standards. Manufactured homes shall meet the follow- ing installation standards: A. Permanent Foundation With Enclosed Perimeter. If a manufactured home is to be placed on a permanent foundation with perimeter enclosure, it must be set onto an excavated area, with foundations, footings and crawl space or basement walls con- structed in accordance with the Building Codes Agency standards. The space between the floor joists of the home and the excavated underfloor grade shall be completely enclosed with the permanent perimeter enclosure, except for required openings. (Ord. 91-005 § 40, 1991) B. Support System With Skirting. All manufactured homes without a permanent foundation and perimeter enclosure shall have an approved support system with skirting enclosing the entire perimeter of the home. Skirting and back-up framing shall be of weather -resistant or self -extinguishing mate- rials, which blend with or match the exterior siding of the home. Below grade, the materials shall be unaffected by decay or oxidation. The skirting shall be installed in accordance with manufacturer's recommendations or approved equal stan- dards. The skirting shall be one-half ventil- ated by openings, and such openings shall be a net area of not less than one and one-half (1 1/2) square feet for each twenty-five (25) linear feet of exterior perimeter. The open- ings shall be covered with corrosion resistant wire mesh or approved ventilation panels not larger than one half (1/2) inch in any dimen- sion. The underfloor area shall be provided with an eighteen (18) inch by twenty-four (24) inch minimum size access crawl hole, which shall not be blocked by pipes, ducts or other construction interfering with the accessibility of the underfloor space, or another approved access mechanism. C. Accessory Structures: a. Accessory structures (garages, carports and sheds) are allowed for all manu- factured housing. b. Ramadas and snow roofs shall be constructed of any material. C. Accessory structures such as decks, porches, awnings, steps and carports are permitted subject to meeting current state building code requirements (no size limit) and design criteria for manufactured housing, as set forth in this Section. 114 0106 1435 d. Additional living area may be added to a manufactured home but must meet the current state building codes and satisfy the design criteria for manufactured housing. (Ord. 91-005 § 40, 1991; Ord. 89-004 § 5, 1989) (Section 5.120, Mobile Home as a Secondary. .. repealed by Ord. 89-004 § 3, 1989; Ord. 81- 042 § 3, 1981) (Section 5.125, Mobile Home Installation.. . repealed by Ord. 91-005 § 41, 1991; Ord. 89- 004 § 5, 1989) (Section 5.130, Mobile Horne as Single -Family ... repealed by Ord. 89-004 § 3, 1989; Ord. 81-042 § 4, 1981) 18.116.070 Placement Standards for Manufactured Homes. A. As defined in Section 18.116.050, Class A and B manufactured homes shall be permitted as follows, subject to the require- ments of the underlying zone: a. In the following zones, except where there is a Conventional Housing Overlay Zone (CH): EFU-320, EFU-80, EFU-40, EFU-20, MUA-10, F-2, F-3, RR -10, RSC, RSR -M, RSR -5, FP as the primary dwelling, and R -I as a caretaker's residence. b. In manufactured home parks and subdivisions. C. As permitted in Sections 18.116.080 and 18.116.090. d. Class A and B manufactured homes are not permitted in any historic district or on any historic site. B. Class C manufactured homes shall be permitted as follows: a. Except as otherwise allowed in this subsection, on parcels ten (10) acres in size or larger. b. As a secondary accessory farm dwell- ing. C. In manufactured home parks and manufactured home subdivisions. d. As permitted in Sections 18.116.080 and 18.116.090. e. As a replacement to an existing nonconforming manufactured home destroyed by fire or other natural act, or as an upgrade to an existing manufactured home. f. In the following subdivisions: Rockview II, Tetherow Crossing, Chaparral Estates, Crystal Acres, Hidden Valley Mobile Estates, Johnson Acres, Seven Peaks, Sun Mountain Ranches, River Homesites, Happy Acres, Rancho El Sereno, Whispering Pines, Bend Cascade View Estates, Raintree, Holmes Acres, LaPine Meadows North, Pine Crest Ranchettes, Dora's Acres, Pierce Tracts, Roan Park, South Forty, Tomes, Crooked River Ranch, Dale Acres, Replat/Hillman, Lake Park Estates, Mary K. Falls Estates. g. Class C manufactured homes are not permitted in any historic district or on any historic site. C. An exception may be granted by the Planning Director or Hearings Body to allow a Class C manufactured home to be placed in a subdivision which is not listed in paragraph (B)(f), above, where all of the following conditions exist: a. The manufactured home is specifi- cally designed or has been substantially modi- fied for wheelchair or handicapped access (handicapped accessible manufactured home). b. There are Class C manufactured homes in the subdivision located within one- quarter mile of the lot upon which the manu- factured home will be placed. C. The handicapped-accessiblemanufac- tured home and lot upon which the manufac- tured home is to be placed were purchased by the applicant prior to February 22, 1989. D. Class D manufactured homes shall be permitted as follows: a. In manufactured home parks and subdivisions. b. As permitted in Sections 18.116.080 and 18.116.090. C. Class D manufactured homes are not permitted in any historic district or on any 115 0106 1436 historic site. (Ord. 91-005 § 42, 1991; Ord. 89-004 § 5, 1989) (Section 5.140, Mobile Home as Conditional ... repealed by Ord. 89-004 § 3, 1989; Ord. 81-042 § 5, 1981) (Section 5.145, Placement Standards . . . repealed by Ord. 91-005 § 43, 1991; Ord. 89- 014 § 1, 1989; Ord. 89-004 § 5, 1989) 18.116.080 A Manufactured Home or a Recreational Vehicle as a Temporary residence on an Individual Lot. A manufactured home of any class or a recreational vehicle may be authorized as a temporary residence on an individual lot and shall comply with the following additional provisions: A. The manufactured home or recrea- tional vehicle shall be placed upon a lot for which a building permit for a housing unit has been obtained. B. The manufactured home or recrea- tional vehicle shall be occupied only during a period in which satisfactory progress is being made toward the completion of the housing unit on the same site. C. Electric, water and sewer utility connections shall be made to the manufac- tured home or recreational vehicle. D. The manufactured home shall be removed from the lot not later than eighteen months following the date on which the building permit for the housing unit is issued or not later than two months following the date of final building inspection of the hous- ing unit, whichever occurs first. The habita- tion of the recreational vehicle must cease, and its connection to all utilities other than electric must be discontinued not later than eighteen months following the date on which the building permit for the housing unit is issued or not later than two months following the completion of the housing unit, whichever occurs first. F. All evidence that the manufactured home has been on the lot shall be removed within the thirty (30) days following the removal of the manufactured home. (Ord. 91-005 § 44, 1991; Ord. 89-004 § 4, 1989) 18.116.090 A Manufactured Home as a Temporary Residence for Medical Condition. A. A temporary use permit for a manu- factured home of any class in a residential area may be granted when a medical condition exists which requires the temporary location of a manufactured home on the property in order to provide necessary care for a member of the principal occupant's family. Such medical condition must be verified by a doctor's written statement, which shall accompany the permit application. B. The temporary use permit shall be reviewed annually for compliance with the terms of this section. C. The manufactured home shall be removed not later than ninety (90) days following the date the medical condition requiring the temporary use permit ceases to exist. (Ord. 91-005 § 45, 1991; Ord. 89-004 § 5, 1989) 18.116.100 Building Projections. Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys and flues shall not project more than three feet into a required yard, provided that the projection is not closer than three feet to a property line. 18.116.110 Lot Size Reduction. No lot area, yard, other open space or off- street parking or loading area existing on or after the effective date of this ordinance shall be reduced below the minimum required for it by this ordinance. 18.116.120 Fences. A. Except as otherwise provided, permit- ted or required, fences, hedges and walls shall not exceed the height limitations of the 116 0106 143'7 appropriate zone in this ordinance except as follows: B. Security fencing consisting of chain link fencing or similar material shall be permitted at a height in excess of height limitation with the following exceptions: a. Security fencing shall not exceed height limitations for fences when located in the required front yard. b. Security fencing shall not be con- structed of materials to form a solid barrier. C. Fences enclosing game or play areas constructed of chain link fencing or the like may be permitted in excess of the height limitations conditional upon the following: a. Fencing shall not exceed height limitations when located in the required front yard. b. Fencing shall not be constructed of materials to form a solid barrier. D. Fences constructed of chain link fencing or similar materials enclosing school grounds may be erected at a height in excess of height limitations. 18.116.130 Hydroelectric Facilities. A. No new hydroelectric facilities shall be constructed, and no existing hydroelectric facilities shall be enlarged or expanded in size of area or generating capacity, on the follow- ing rivers and streams within Deschutes County: a. Deschutes River, from its headwaters to River Mile 227, above, but not including Wickiup Dam, and from Wickiup Dam to River Mile 171 below Lava Island Falls; b. Crooked River; C. Fall River; d. Little Deschutes River; e. Spring River; f. Paulina Creek; g. Squaw Creek; and h. Tumalo Creek. B. Hydroelectric facilities are allowed as a conditional use on the Deschutes River at Wickiup Dam, and from River Mile 171 below Lava Island Falls downstream to the northern Deschutes County line. Such conditional use shall be governed by the conditions set forth in Section 18.128.040. (Ord. 86-018 § 17, 1986) 18.116.140 Electrical Substations. Electrical substations, whether as an out- right or conditional use, shall submit a site plan complying with the provisions of this ordinance to the Planning Department. 18.116.150 Endangered Species. Developments which occur in areas which may disturb species (plant or animal) listed by the U. S. Environmental Protection Agency or the Department of Fish and Wildlife as endangered shall prepare an acceptable pro- tection plan for use during and after construc- tion (e.g., a nest protection plan for develop- ments in the vicinity of Bald Eagle nesting sites). 18.116.160 Rimrock Setbacks. A. All structures shall be set back a minimum of 20 feet from the edge of the rimrock, as defined in Section 18.04.030, "Rimrock." B. The 20 -foot rimrock setback shall not apply to decks so long as the railing or other man-made border around the deck does not exceed four feet in height and is not of solid construction. However, no deck shall be set back less than three feet from any rimrock. C. If there is more than one rimrock ledge or outcrop within the river or stream canyon, the 20 -foot setback requirement shall be measured from the rimrock which is fur- thest from the river or stream. D. If the 20 -foot rimrock setback is within 100 feet of the ordinary [mean] high water line [mark] of the river or stream, the structure may be granted an exception to the 100 -foot river or stream setback, as provided under Section 18.120.030 for structures meeting the criteria of [, if it meets the criteria under] Section 18.120.030(E)(b)(2). However, under no circumstances shall the structure be set back less than 20 feet from 117 O NG 1488 the rimrock. (Ord. 86-053 § 21, 1986; Ord. 82-013 § 2, 1982) (Section 5.250, Lands Adjoining SM or SMR Zones, repealed by Ord. 88-004 § 1,1988; Or- d. 85-016 § 2, 1985; Ord. 81-015 § 1, 1981) 18.116.170 Solar Height Restrictions. No building, structure or non-exempt vege- tation may exceed the solar height restriction established on a burdened property by the solar access of a benefitted property. (Ord. 83-037 § 25, 1983) 18.116.180 Building Setbacks for the Protection of Solar Access. 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 structure or additions shall meet this standard if feasible. If it is not feasible due to physical constraints of the lot, including, but not limited to, rock outcroppings, septic systems, existing legal restrictions or lot dimensions, as determined by the Planning Director or Hearings Body, then the structure or addition must be located as far to the south on the lot as feasible and must meet the standard set forth in paragraph (b), below. b. South Roof Protection Standard. All new structures or additions to existing struc- ture shall meet the standard for south roof protection set forth in Appendix B. C. Exceptions. The south roof protec- tion standard shall not apply only if the appli- cant establishes: 1. That the structure cannot be located on the lot without violating the requirements contained in Appendix B; and 2. That the structure is built with its highest point as far to the south as feasible; and i. That the structure is a single family residence with a highest point less than or equal to 16 feet high; or, if not a single family residence; ii. That it is a permitted or conditional use for the lot. d. Exemptions. 1. The governing body may exempt from the provision of this section any area where it is determined [which it determines] that solar uses are not feasible because the area is already substantially shaded due to heavy vegetation, steep north facing slopes, and any area or zone in which taller buildings are planned. 2. The Planning Director or Hearings Body shall exempt a structure from the provi- sions 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 substantially shaded at the time a request for exemption is made and approved by the Planning Director or Hearings Body. 3. The Planning Director or Hearings Body shall exempt a structure from the provi- sions of Section 18.116.180 if the structure is in conformance with a solar height restriction as provided in Deschutes County Code Title 17, the Subdivision/Partition Ordinance, as amended. (Ord. 83-037 § 3, 1983) 18.116.190 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 vegeta- tion on certain lots in the vicinity of a produc- tive solar collector. B. Application for Solar Access Permit. a. Any owner may submit an application for a solar access permit to provide solar 118 0100 1439 access for a productive solar collector located on the owner's real property. b. The application for a solar access permit 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 collector within one year of application; 3. Descriptive drawings of the solar collector 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 neighboring lot; 6. A statement that trimming the vege- tation on the applicant's lot will not permit an alternative location that would lessen the burden 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; 8. 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-exempt vegetation not shown on the sunchart which may encroach on the protected area in the future. The plot plan shall also include: i. The exact site of the solar collector, its height and its orientation. ii. Scale. iii. An indication of true north. iv. A survey of the lot. 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 reasonably located. A solar access permit shall be denied under this paragraph if the applicant could trim his own vegetation to permit an alternative loca- tion that would be less burdensome upon a burdened neighboring lot. A solar access permit shall also be denied under this para- graph if there is an alternate location that would impose a lesser burden on a neighbor- ing 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; and 5. The application is accurate and com- plete. 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 applica- tion; 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: 119 0100 1440 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; and 2. A complete description of the solar access restrictions applicable to each neigh- boring lot, including the solar heating hours during which solar access is provided, and a sunchart showing the plotted skyline, includ- ing vegetation and structures, and a scaled drawing showing the size and location of the protected area and its orientation with respect to true south; and 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 vegeta- tion 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 or Hearings Body shall terminate the solar access permit with respect to all or part of the neighboring lots burdened by the solar access permit if a petition for termination is submitted by the applicant or the applicant's successor in interest, or the collector is not productive for 12 consecutive months. 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. 83-037 § 3, 1983) 18.116.200 Time Share Unit. A. Any time-share unit project shall have its primary access on an arterial or collector street. B. New time-share units may be devel- oped in vacant areas in the applicable zoning districts provided that such developments comply with (A), above, and the following: a. That such development has a mini- mum site size of ten acres, except within the Planned Community (PC) Zone. b. That such development is appro- priately buffered by the use of yards, land- scaping, etc, from adjoining properties as determined during site plan review consider- ing the need for privacy and the effects of noise. C. The Planning Director or Hearings Body may require bonds to assure installation and maintenance of landscaping, parking and facilities 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 facilities. D. No structure shall be utilized as a time-share unit unless all the units in the structure or particular phase of the develop- ment are used as time-share units for this purpose. (Ord. 83-033 § 11, 1983) 18.116.210 Conservation Easements on Property Adjacent to Rivers and Streams; Prohibitions. A. As a condition of approval of all land use actions involving property adjacent to the Deschutes River, Crooked River, Fall River, Little Deschutes River, Spring River, Paulina Creek, Squaw Creek and Tumalo Creek, the property owner shall convey to the county a conservation easement, as defined in Section 18.04.030, "Conservation Easement," affecting all property on the subject lot which is within 10 feet of the ordinary [mean] high water mark of the river or stream. B. The form of the conservation ease- ment shall be as prescribed by the county and may contain such conditions as the county 120 0106 1441 deems necessary to carry out the purposes described in Section 18.04.030, "Conservation Easement." C. Any public access required as part of a conservation easement shall be subject to the following conditions: 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 conserva- tion easement shall deposit solid waste, dam- age or remove any property, (including wild- life and vegetation) maintain or ignite fires or fireworks, discharge firearms or camp. (Ord. 86-054 § 2, 1986) (Section 8.090, Temporary Use Permit, repealed by Ord. 89-004 § 3, 1989) Chapter 18.120 EXCEPTIONS Sections: 18.120.010 Nonconforming Uses 18.120.020 Nonconforming Lot Sizes 18.120.030 Exceptions to Yard Requirements 18.120.040 Building Height Exceptions 18.120.050 Fill and Removal Exceptions 18.120.010 Nonconforming Uses. A. Subject to the provisions of this section, a nonconforming use or structure may be continued but may not be extended or altered, unless necessary to comply with a lawful requirement. The extension of a nonconforming use to a portion of a structure for which a building permit or zoning permit has been granted at the time of passage of this ordinance shall not be deemed an enlargement or expansion of a nonconforming use. A nonconforming structure which conforms with respect to use may be altered or expanded if the alteration or expansion does not cause the structure to deviate further from the standards of this ordinance. B. If a nonconforming use is discon- tinued for a period of one year, further use of the property shall conform to this ordinance. C. If a nonconforming use is replaced by another use, the new use shall conform to this ordinance. D. If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding 50 percent of its fair market value as indi- cated by the records of the County Assessor, the use shall not be re-established. E. Nothing contained in this ordinance shall require any change in the plan, construc- tion, alteration or designated use of a struc- ture for which a building permit has been issued by the county prior to the adoption of the ordinance, provided the structure is com- pleted and in use within two years from the time the permit is issued. 121 0106 1442 F. Nonconforming uses created by this ordinance shall register their status with the Planning Department within two years of the adoption of this ordinance. 18.120.020 Nonconforming Lot Sizes. 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 public use shall be exempt from the minimum lot size requirements set forth by this ordinance. (Ord. 87-015 § 2, 1987) B. Whereas land sections in the county are affected by survey adjustments, minimum requirements relative to lot sizes, where applicable, shall be considered as standard metes and bounds land section division, i.e., 160 acres, 80 acres, 40 acres, 20 acres, etc.; lot sizes, therefore, 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 applicant has had no control. C. Any lot that is smaller than the minimum area required in any zone may be occupied by an allowed use in that zone provided that: a. The lot or parcel is a lot of record, as defined in Section 18.04.030, "Lot of Record." b. The use conforms to all other requirements 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. (Ord. 87-015 § 1, 1987) 18.120.030 Exceptions to Yard Requirements. The following exceptions to yard require- ments are authorized for a lot in any zone: A. If there are buildings on both lots adjoining an intervening lot that are within 100 feet of the intervening lot, and the build- ings have front yards of less than the required depth for the zone, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the adjoining lots. B. Architectural features such as cor- nices, eaves, sunshades, gutters, chimneys and flues may project into a required yard. Also, steps, terraces, platforms, porches having no roof covering and fences not interfering with the vision clearance requirements may project into a required yard. Signs conforming to the requirements of this ordinance and all other applicable ordinances shall be permitted in re- quired yards. C. Canopies: The yard between a canopy and any lot line shall be a minimum of 10 feet, except that a smaller setback may be permitted if specifically allowed in a given zone. D. An addition to an existing residential dwelling which is within 100 feet from the ordinary high water [line or] mark along a stream or lake may be constructed provided that the addition is for residential dwelling purposes, no part of the addition is closer to the stream or lake than the existing residen- tial structure, the addition is 900 sq. ft. in area or smaller and does not exceed the area [square foot] of floor space of the existing structure and the addition conforms with all other setbacks and building limitations. (Ord. 81-003 § 1, 1981) E. Dwellings on parcels created prior to November 1, 1979, may be granted an excep- tion to the 100 -foot setback from the ordinary high water [line or] mark along a stream or lake subject to Deschutes County Code Title 22, the Uniform Development Procedures Ordinance, and the following conditions [criteria]: a. An application shall be filed which includes: 1. A detailed explanation of the planned development. 2. An explanation of why an exception is necessary. 3. A site plan, drawn to scale, and accompanied by such drawings, sketches and descriptions necessary to describe and 122 0106 1443 illustrate the proposed development. The site plan shall, at a minimum, include: i. An inventory of existing vegetation, including trees on the lot located within 200 feet of the ordinary high water [line or] mark along the stream or lake. The inventory shall be in sufficient detail to allow the review and evaluation of the impacts of the proposed development. ii. Proposed modifications of the vegeta- tion on the lot within 200 feet of the ordinary high water [line or] mark along the stream or lake, including the size, species and approxi- mate locations of existing vegetation to be retained and new vegetation proposed to be placed upon the site. iii. Existing and proposed site contours. iv. The locations and dimensions of all structures, property lines, easements, high water lines or marks, utilities and uses. V. Other site elements and information that will assist in the evaluation of the pro- posed development. 4. An explanation of how the proposed development will satisfy each of the exception criteria set forth in Section 18.120.030(E)(b), below. b. An exception may be granted only upon findings that: 1. The structure to be sited is a dwelling that is no greater than 40 feet in depth (inclu- ding garages, carports and decks); 2. Adherence to the 100 -foot setback would create a hardship, as defined in para- graph (3) below, preventing such a dwelling from being sited on the lot; 3. The site plan protects and enhances the vegetative fringe between the dwelling and the stream or lake to the degree neces- sary to meet the requirements set forth in the applicable goals and policies of the Compre- hensive Plan; and 4. A conservation easement providing that the elements of the site plan will be carried out and maintained as approved, in perpetuity, for the area between the ordinary high water [line or] mark and the dwelling has been conveyed to the county. C. 1. For the purposes of this section, a hardship exists only in one of the following situations: i. Adherence to setbacks required by the zoning ordinance in effect at the time of the application made under this section would prevent the dwelling from being sited on the lot, if the 100 -foot setback were observed; ii. The siting of a legal on-site disposal system, placed on the lot prior to November 1, 1979 makes it impossible for the dwelling to meet the 100 -foot setback; iii. Any approved initial on-site sewage disposal system and replacement system other than a sand filter system cannot be sited on the lot in a manner that will allow the dwell- ing to meet the 100 -foot setback requirement; iv. If the only initial on-site sewage dis- posal system for which approval can be obtained is a sand filter system and such a system and its replacement system cannot be sited on the lot in a manner that will allow the dwelling to meet the 100 -foot setback requirement; or V. Dwellings exist on both adjoining lots that are closer to the stream or lake than the proposed dwelling and such existing dwellings are located within 40 feet of the proposed dwelling. 2. If utilization of a sand filter system as a replacement system will allow such a dwelling to meet the 100 -foot setback, no exception shall be granted for reasons of on- site sewage disposal constraints. d. Dwellings qualifying for a setback exception under the criteria set forth above shall be located as follows: 1. Except as set forth in paragraph (2), below, the dwelling must be located as far as possible from the ordinary high water line of the stream or lake, allowing for the hardship constraints identified for the property. i. In instances where use of a sand filter system for a replacement system would allow the dwelling to be located further from the stream or lake than if another type of replacement system were utilized, the dwelling shall be sited in a manner to allow only 123 0106 1444 enough room for a the approved initial on- site sewage disposal system and a sand filter system as a replacement system. 2. Where a dwelling qualifies for a setback by virtue of paragraph (c)(1)(v), above, the dwelling may be set back at a distance from the ordinary high water mark consistent with the adjoining houses, but in no case shall any part of such dwelling be located closer to the ordinary high water line than a line extending between the points of the adjoining houses that are closest to the river. (Ord. 90-020 § 2, 1990; Ord. 86-032 § 1, 1986; Ord. 84-002 § 1, 1984; Ord. 81-005 § 1, 1981; Ord. 81-003 § 1, 1981) 18.120.040 Building Height Exceptions. The following structures or structural parts are not subject to the building height limita- tions of this ordinance: chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, transmission towers, smokestacks, flagpoles, radio and other similar projections. This exception does not apply to an Airport Devel- opment Zone or Airport Height Combining Zone. 18.120.050 Fill and Removal Exceptions. A. The following fill and removal activi- ties 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 activi- ties may be authorized by the Planning Direc- tor or Hearings Body 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 0106 1445 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 or 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. 86-056 § 3, 1986) 124 Chapter 18.124 SITE PLAN REVIEW Sections: 18.124.010 Purpose 18.124.020 Elements of Site Plan 18.124.030 Approval Required 18.124.040 Contents and Procedure 18.124.050 Decision on Site Plan 18.124.060 Approval Criteria 18.124.070 Required Minimum Standards 18.124.010 Purpose. This section provides for administrative review of the design of certain developments and improvements in order to promote func- tional, safe, innovative and attractive site development compatible with the natural and man-made environment. 18.125.020 Elements of Site Plan. The elements of a site plan are: the layout and design of all existing and proposed improvements, including, but not limited to, buildings, structures, parking, circulation areas, outdoor storage areas, landscape areas, service and delivery areas, outdoor recreation areas, retaining walls, signs and graphics, cut and fill actions, accessways, pedestrian walk- ways, buffering and screening measures and street furniture. 18.124.030 Approval Required. A. No building, grading, parking, land use, sign or other required permit shall be issued for a use subject to this section, nor shall such a use be commenced, enlarged, altered or changed until a final site plan is approved according to Deschutes County Code Title 22, the Uniform Development Procedures Ordinance. (Ord. 86-032 § 1, 1986) B. The provisions of this section shall apply to all conditional use permits, multiple - family dwellings and community service uses in any zone, and all developments in the following zones: 125 0106 1446 a. All commercial zones. b. All industrial zones. C. All landscape management zones. d. All planned developments, cluster developments and planned communities. C. Non-compliance with a final approved site plan shall be a zoning ordinance violation. D. As a condition of approval of any action not included in subsection (B) of this section, the Planning Director or Hearings Body may require site plan approval prior to the issuance of any permits. [The Board of County Commissioners or Hearings Officer may, as a condition of approval of any action in addition to those outlined in subsection (B) of this section, require that site plan approval be obtained prior to issuance of any required permit.] 18.124.040 Contents and Procedure. A. Any site plan shall be filed on a form provided by the Planning Department and shall be accompanied by such drawings, sketches and descriptions necessary to describe the proposed development. A plan shall not be deemed complete unless all information requested is provided. B. Prior to filing a site plan, the appli- cant shall confer with the Planning Director or his representative concerning the require- ments for [requisites of] formal application. [C. Following the pre -application meeting, the applicant shall file with the Planning Department a site plan which shall contain the items listed in paragraph (D), below.] C[D]. After the pre -application conference, the applicant [with the Planning Director,] shall submit a site development plan, an inventory of existing plant materials including all trees six inches in diameter or greater and other significant species, a landscape plan and architectural drawings including [indicating] floor plans and elevations. D[E]. The site development plan shall indicate the following: a. Access to site from adjacent rights-of- way, streets and arterials. b. Parking and circulation areas. C. Location, dimensions (height and bulk) and design of buildings and signs. d. Orientation of windows and doors. e. Entrances and exits. f. Private and shared outdoor recrea- tion spaces. g. Pedestrian circulation. h. Public play areas. i. Service areas for uses such as mail delivery, trash disposal, above -ground utilities, loading and delivery. j. Areas to be landscaped. k. Exterior lighting. 1. Special provisions for handicapped persons. M. Existing topography of the site at intervals appropriate to the site, but in no case having a contour interval greater than 10 feet. n. Signs. o. Public improvements. p. Drainfield locations. q. Other site elements and information which will assist in the evaluation of site development. E. The landscape plan shall indicate: a. The size, species and approximate locations of existing natural plant materials proposed to be retained and new plant mate- rials proposed to be placed on site. b. Proposed site contouring. C. An explanation of how drainage and soil erosion is to be dealt with during and after construction. F. Residential and agricultural buildings located within the Landscape Management Zone shall be required to furnish only the following information: a. Locations and dimensions of build- ings and property lines. b. Location, size and species of existing vegetation six inches in diameter [caliper] or greater. C. Building elevations of the proposed structure. 126 0106 144'7 d. A drawing of the proposed exterior appearance and a description of materials to be used. 18.124.050 Decision on Site Plan. A. The Planning Director or Hearings Body may deny the site plan or approve it [recommend approval or denial] with such modifications and conditions as may be con- sistent with the Comprehensive Plan or the criteria and standards listed in this ordinance. B. The Planning Director or Hearings Body [Officer] as a condition of approval may require that the applicant file with the county a performance bond or other security approved by the governing body to assure full and faithful performance of any required improvements. The bond shall be for the dollar amount plus 10% of the estimated cost of the improvements. C. Planning Director or Hearings Body [Officer] review shall be in accordance with Deschutes County Code Title 22, the Uniform Development Procedures Ordinance. (Ord. 86-032 § 1, 1986) 18.124.060 Approval Criteria. Approval of a site plan shall be based on the following criteria: A. The elements of the site plan shall relate harmoniously to the natural environ- ment and existing buildings and structures having a visual relationship with the site. B. The elements of the site plan should promote energy conservation and provide adequate protection from adverse climatic conditions, noise and air pollution. C. Each element of the site plan shall effectively and efficiently serve its function. The elements shall be on a human scale, interrelated and shall provide spatial variety and order. D. The landscape and existing topo- graphy shall be preserved to the greatest [maximum] extent possible, considering development constraints and suitability of the landscape and topography [to serve their function]. Preserved trees and shrubs shall be protected. E. The site plan shall be designed to provide a safe environment, while offering appropriate opportunities for privacy and transition from public to private spaces. F. When appropriate, the site plan shall provide for the special needs of handicapped persons, such as ramps for wheelchairs and Braille signs. G. In the Landscape Management Zone, emphasis shall be placed on maintaining the existing landscape close to travel routes as well as any view of distant vistas. H. The location and number of points of access to the site, interior circulation patterns, separations between pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation to buildings and structures shall be harmonious with proposed and neighboring buildings and structures. I. Surface drainage systems shall be designed to prevent adverse impacts on [so as not to adversely affect] neighboring properties, streets, or surface and subsurface water quality. J. Areas, structures 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 and buffered or screened to minimize adverse impacts on the site and neighboring proper- ties. K. All above -ground utility installations shall be located to minimize adverse visual impacts on the site and neighboring proper- ties. L. The location, texture, lighting, move- ment and materials of all exterior signs, graphics or other information or directional features shall be compatible with the other elements of the site plan and surrounding properties. M. Specific criteria are outlined for each zone and shall be a required part of the site plan (e.g. lot setbacks, etc.). 127 0106 1448 18.124.070 Required Minimum Standards. A. Private or shared outdoor recreation areas in residential developments. a. Private Areas. Each ground -level living unit in a residential development sub- ject to site plan approval shall have an acces- sible outdoor private space of not less than 48 square feet in area. The area shall be enclosed, screened or otherwise designed to provide privacy for unit residents and their guests. b. Shared Areas. Usable outdoor recreation space shall be provided for the shared use of residents and their guests in any apartment residential development, as follows: 1. Units with one or two bedrooms: 200 sq. ft. per unit. 2. Units with three or more bedrooms: 300 sq. ft. per unit. C. Storage. In residential developments, convenient areas shall be provided for the storage of articles such as bicycles, barbecues, luggage, outdoor furniture, etc. These areas shall be entirely enclosed. B. Required Landscaped Areas. a. The following landscape requirements are established for multi -family, commercial and industrial developments, subject to site plan approval: 1. A minimum of 15% of the lot area shall be landscaped. 2. All areas subject to the final site plan and not otherwise improved shall be land- scaped. b. In addition to the requirement of subsection (B)(a)(1) of this section, the following landscape requirements shall apply to parking and loading areas: 1. A parking or loading area shall [may] be required to be improved with defined land- scaped areas totaling no less than 25 sq. ft. per parking space. 2. In addition to the landscaping required by subsection (B)(b)(1) of this section, a parking or loading area shall be separated from any lot line adjacent to a roadway by a landscaped strip at least 10 feet in width, and from any other lot line by a 0106 1449 landscaped strip at least five feet in width. I A landscaped strip separating a parking or loading area from a street shall contain: i. [Street] Trees spaced as appropriate to the species, not to exceed 35 feet apart on the average. ii. Low shrubs not to reach a height greater than 3' 0," spaced no more than 8 feet apart on the average. iii. Vegetative ground cover [if required]. C. 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. The landscaping in a parking area shall have a width of not less than five feet. e. Provision shall be made for watering planting areas where such care is required. f. Required landscaping shall be contin- uously maintained and kept alive and attrac- tive. g. Maximum height of tree species shall be considered when planting under overhead utility lines. [h. "Landscaped" means the improve- ment of land by means such as contouring, planting, and the location of outdoor struc- tures, furniture, walkways and similar fea- tures.] 128 Chapter 18.128 CONDITIONAL USE Sections: Multi -Family Dwelling 18.128.010 Operation 18.128.020 Conditions 18.128.030 Performance Bond 18.128.040 Specific Use Standards (A) Airports, Aircraft Landing (0) Fields, Aircraft Charter, (P) Rental, Service Maintenance Facilities Not Located in the A -D Zone (B) Automobile Wrecking Yard or (R) Junkyard (C) Cemeteries (D) Church, Hospital, Nursing (T) Home, Convalescent Home, (U) Retirement Home (E) Clinics, Clubs, Lodges, Fraternal Organizations, (V) Community Centers, Grange (W) Halls, Golf Courses, Grounds (X) and Buildings for Games or Sports, Country Clubs, Swimming, Boating, Tennis Clubs and Similar Activities, Government Structures and (Y) Land Uses, Parks, Playgrounds (F) Dog Pounds and Kennels (G) Home Occupations (H) Landfill, Solid Waste Disposal Site (I) Commercial Use or Accessory Use Not Wholly Enclosed Within a Building, or a Retail 18.128.060 Establishment, Office, Service Commercial Establishment, 18.128.070 Financial Institution, or [18.128.080 Personal or Business Service Establishment on a Lot Adjoining or Across a Street From a Lot in a Residential Zone (J) Commercial Amusement Establishment (K) Manufactured Home Park 129 0100 1450 (L) Multi -Family Dwelling Complex (M) Recreational Vehicle Park (N) Radio, Television Tower, Utility Station or Substation (0) Schools (P) Cluster Development (Single - Family Residential Uses Only) (Q) Planned Development (R) Planned Communities (S) Destination Resorts, Dude Ranches (T) Shopping Complex (U) High -Temperature Geothermal Wells and Small -Scale Geothermal Energy Facilities (V) Hydroelectric Facilities (W) Fill and Removal (X) Surface Mining of Resources Exclusively for On -Site Personal, Farm or Forest Use or Maintenance of Irrigation Canals (Y) Storage, Crushing and Processing of Minerals in Conjunction With the Maintenance or Construction of Public Roads or Highways 18.128.050 Procedure for Taking Action on Conditional Use Application 18.128.060 Time Limit on a Permit for a Conditional Use 18.128.070 Occupancy Permit [18.128.080 Temporary Use Permit] 18.128.010 Operation. A. A conditional use listed in this ordi- nance shall be permitted, altered or denied in accordance with the standards and procedures of this ordinance; Deschutes County Code Title 22, the Uniform Development Proce- dures Ordinance; and the Comprehensive Plan. (Ord. 86-032 § 1, 1986) B. In the case of a use existing prior to the effective date of this ordinance and classified in this ordinance as a conditional use, any change in use or lot area or an alteration of structure shall conform with the requirements for a conditional use. 18.128.020 Conditions. In addition to the standards and conditions set forth in a specific zone or in Chapter 18.124, the Planning Director or the Hearings Body [Officer] may impose the following conditions upon a finding that [of which circumstances warrant such] additional restric- tions are warranted. A. Require a limitation on [Limiting the] manner in which the use is conducted, including restriction of [restricting] hours of operation and restraints to minimize environ- mental effects such as noise, vibrations, air pollution, glare or odor. B. Require [Establishing] a special yard or other open space or a change in lot area or lot dimension. C. Require a limitation on [Limiting] the height, size or location of a [building or other] structure. D. Specify [Designating] the size, number, location and nature of vehicle access points. E. Increase [Increasing] the required street dedication, roadway width or require additional improvements within the street right-of-way. F. Designate [Designating] the size, location, screening, drainage, surfacing or other improvement of a parking or loading area. G. Limit or specify [Limiting or other- wise designating] the number, size location, height and lighting of signs. H. Limit [Limiting] the location and intensity of outdoor lighting and require [requiring its] shielding. I. Specify requirements for [Requiring] diking, screening, landscaping or other methods to protect adjacent or nearby property and specify [designating] standards for installation and maintenance. 130 0106 1451 J. Specify [Designating] the size, height and location of and materials to be used for fencing [a fence]. K. Require protection and preservation of [Protecting and preserving] existing trees, vegetation, water resources, wildlife habitat or other significant natural resources. [L. Planned developments, cluster devel- opments, destination resorts and dude ranches shall meet the solar access perfor- mance standard set forth in the Deschutes County Subdivision Ordinance, No. 81-043, Section 6.030(5).] (Ord. 83-037 § 24, 1983) 18.128.030 Performance Bond. The Planning Director or Hearings Body [Officer] may require the applicant to furnish the county with a performance bond or other adequate form of assurance to guarantee development in accordance with the standards and conditions attached in granting a condi- tional use permit. 18.128.040 Specific Use Standards. A conditional use shall comply with the standards of the zone in which it is located and with the standards and conditions set forth in this section. A. Airports, aircraft landing fields, aircraft charter, rental, service maintenance facilities not located in the A -D Zone. The Planning Director or Hearings Body [Officer] shall find that the location and site design of the proposed facility will not be hazardous to the safety and general welfare of surrounding properties, and that the location will not unnecessarily restrict existing and future development of surrounding lands as indicated in the Comprehensive Plan. B. Automobile wrecking yard or iunk- ' d: Before being issued [In considering] a conditional use permit, [application for] an automobile wrecking yard or junkyard shall meet the following requirements:[, the Hearings Officer shall require that it be] a. The yard shall be enclosed and screened from public view by a sight - obscuring fence not less than six feet in height. b. All automobiles, wrecked or other- wise, shall be kept inside the fenced area at all times, except that vehicles belonging to customers may be parked outside of the enclosed area while at the establishment or business. C. All sales, display, storage, repair or other handling of. products, merchandise, equipment and other articles shall occur from an enclosed building or within the fenced area. d. If applicable, the proposal shall conform to state regulations. C. Cemeteries: The Planning Director or Hearings Body [Officer] shall find that the terrain and soil types of a proposed location are suitable for internment, and that the nature of the subsoil and drainage will not have a detrimental effect on groundwater sources or domestic water supplies in the area of the proposed use. D. Church, hospital, nursing home, convalescent home, retirement home: a. Such a use shall [uses may] be autho- rized as a conditional use only upon finding that[:] [S]sufficient area is provided for the building, required yards and off-street parking. Related structures and uses such as a manse, parochial school, or parish house are considered separate uses and additional lot areas shall be required therefore. b. The applicant shall address the following issues in the application: 1. Location of the site relative to the service area. 2. Probable growth and needs thereof. 3. Site location relative to land uses in the vicinity. 4. Conformity with Deschutes County Public Works Department standards of proposed [Adequacy of] access to and from principal streets and the probable effect of the proposal on the traffic volume of adjoin- ing and nearby streets. 131 01®6 1452 C. Such uses or related buildings shall be at least 30 feet from a side or rear lot line. d. Except in an A -H zone, [S]such uses may be built to exceed the height limitations of the zone in which it is located to a maxi- mum height of 50 feet if the total floor area of the building does not exceed the area of the site and if the yard dimensions in each case are equal to at least two-thirds of the height of the principal structure. E. Clinics, clubs, lodges, fraternal organi- zations, community centers, grange halls, golf courses, grounds and buildings for games or sports, country clubs, swimming, boating, tennis clubs and similar activities, government structures and land uses, parks, playgrounds. In considering the above, the Planning Direc- tor or Hearings Body [Officer] may authorize the conditional use after it has been deter- mined [assurance] that the following will [is to] be provided: a. [Adequate] Access from principal streets subject to Deschutes County Public Works Department standards. b. [Adequate] Off-street parking subject to Section 18.116.030. C. [Adequate] Building and site design provisions, including landscaping, that will effectively screen neighboring uses from [to minimize] noise and glare [from the building and site]. F. Dog pounds and kennels. The Planning Director or Hearings Body [Officer] may authorize a dog pound or kennel as a conditional use provided that building and site design provisions are adequate to mini- mize noise and odor. When necessary to protect surrounding properties, the Hearings Officer may require a sight -obscuring fence or hedge and may restrict vehicular access and loading facilities, especially those required by trucks transporting large animals. G. Home occupations. When permitted as a conditional use and conducted as an accessory use, home occupations shall be subject to the following limitations: a. The home occupation is to be second- ary to the main use of the property as a residence and shall be conducted only by the resident of such dwelling or immediate family members, within the same dwelling or in an accessory building on the same property. b. No structural alterations shall be allowed to accommodate the home occupa- tion except when otherwise required by law and then only after the plans for such alter- ations have been reviewed and approved by the Planning Director or Hearings Body [Officer]. Such structural alterations shall not detract from the outward appearance of the building as an accessory structure to a resi- dence. C. No materials or mechanical equip- ment shall be used which will be detrimental to the residential use of the property or adjoining residences because of vibrations, noise, dust, smoke, odor, interference with radio or television reception or other factors. d. No materials or commodities shall be delivered to or from the property which are of such bulk or quantity as to require delivery by a commercial vehicles in a manner or frequency as to cause disturbance or incon- venience to nearby residents or so as to necessitate off-street parking. e. Retail sales shall be limited or acces- sory to a service. H. Landfill, solid waste disposal site: The Planning Director or Hearings Body [Officer] may authorize a landfill or other solid waste disposal site as a conditional use, subject to the following standards: a. The proposed site shall not create a fire hazard, litter, insect or rodent nuisance, or air or water pollution in the area. b. The proposed site shall be located in or as near as possible to the area being served. C. The proposed site shall be located at least one-quarter mile from any existing dwelling, home or public road (except the access road). d. The proposed site shall be provided with a maintained all-weather access road. I. Commercial use or accessory use not wholly enclosed within a building, or a retail 132 0100 1453 establishment, office, service commercial establishment, financial institution, or personal or business service establishment on a lot adjoining or across a street from a lot in a residential zone. In any zone, these uses [a commercial use or accessory use not wholly enclosed within a building, or a retail estab- lishment, office service commercial establish- ment, financial institution, or personal or business service establishment on a lot adjoining or across a street from a lot in a residential zone] may be permitted condition- ally [as a conditional use] subject to the following standards: a. A sight -obscuring fence or evergreen hedge may be required by the Planning Director or Hearings Body [Officer] when he finds such a fence or hedge or combination thereof is necessary to preserve the values of nearby properties or to protect the aesthetic character of the neighborhood or vicinity. b. In addition to the requirements of the applicable zone, the Planning Director or Hearings Body [Officer] may further regulate the placement and design of signs and lights in order to preserve the values of nearby properties, to protect them from glare, noise, or other distractions or to protect the aesthe- tic character of the neighborhood or vicinity. C. In order to avoid unnecessary traffic congestion and hazards, the Planning Direc- tor or Hearings Body [Officer] may limit access to the property. J. Commercial amusement establish- ment. A commercial amusement establish- ment may be authorized after consideration of the following factors: a. Adequacy of access from principal streets together with the probable effect of traffic volumes on [of] adjoining and nearby streets. b. Adequacy of off-street parking. C. Adequacy of building and site design provisions to maintain a reasonable minimum of noise and glare from the building and site. (Section 10.1, Standards and Criteria Related to Approval of Single -Wide. . . repealed by Ord. 91-005 § 46, 1991; Ord. 80- 206 § 4, 1980) K. Manufactured home park. A manu- factured home park shall be built to state standards in effect at the time of construction and the following provisions: a. Evidence that the park will be eligible for a certificate of sanitation as required by state law. b. The space provided for each manu- factured home shall be provided with piped potable water and electrical sewerage connec- tions. C. The number of spaces for manufac- tured homes shall not exceed 12 for each acre of the total acres in the manufactured home park. The Planning Director or Hearings Body [Officer] may vary this density as follows: 1. If dedicated open space equals 50% or more of the total area of the park, a maxi- mum 10% increase in units per acre may be granted. 2. If in addition to the requirements in subsection (K)(c)(1) of this section a main- tained playground area with approved equip- ment such as goalposts, swings, slides, etc., is provided, the maximum increase in units per acre may be increased an additional 5%. 3. If in addition to the requirements in subsections (K)(c)(1) and (2) of this section, approved recreation/community building is provided an additional 10% increase of units/acre may be allowed. (Maximum total increase possible through application of subsection (K)(c) of this section = 25%.) d. A manufactured home pad shall occupy not more than 40% of the contiguous space provided for the exclusive use of the occupants of the home, exclusive of space provided for the common use of tenants, such as roadways, general use structure, parking spaces, walkways and areas for recreation and landscaping. e. No manufactured home pad in the park shall be located closer than 15 feet from 133 0.06 1454 another manufactured home pad or from a general use building in the park. No manu- factured home accessory building or other building or structure on a manufactured home space shall be closer than 10 feet from a manufactured home accessory building or other building or structure on another manu- factured home space. No manufactured home pad or other building or structure shall be within 25 feet of a public street property boundary or 10 feet or another property boundary. f. Facilities shall be provided to assure that there will be no outdoor storage of furniture, tools, equipment, building materials or supplies belonging to the management of the park. g. The land which is used for park purposes shall be surrounded, except at entry and exit places, by a sight -obscuring fence or hedge not less than six feet in height. h. If the park provides spaces for 50 or more manufactured home units, each vehi- cular way in the park shall be named and marked with signs which are similar in appearance to those used to identify public streets. A map of the named vehicular ways shall be provided to the fire department. i. The park shall have water supply mains designed to serve fire hydrants and hydrants shall be provided within 500 feet of such space or structure. Each hydrant within the park shall be located on a vehicular way. j. A minimum of at least 2,500 square feet plus 100 square feet per manufactured home space shall be provided for recreational play area, group or community activities. The Planning Director or Hearings Body may require this area to be protected from streets, parking areas or the like by a fence or the equivalent that conforms to fence regulations, but is a least 30 inches in height where allowed by fence ordinances. Unless other- wise approved, no required open space area shall contain less than 2,500 square feet. Recreation areas shall be improved with grass, plantings, surfacings or buildings suit- able for recreational use. No recreation facility created within a manufactured home park only to satisfy the requirements of this section shall be open to the general public. k. A parking space shall be provided for each manufactured home space on the site. Additional guest parking spaces shall be provided in every manufactured home park within 200 feet of the manufactured home spaces served, at a ratio of one parking space for each two manufactured home spaces. Parking spaces shall have durable and dustless surfaces adequately maintained for all- weather use and shall be properly drained. 1. All manufactured home parks over 10 acres in area shall be located with access on a street designated as a collector street. M. All manufactured home parks con- taining a total site area of five acres or more shall provide a secondary access to the trailer park. Such secondary access shall enter the public street system at least 150 feet from the primary access. n. Lighting shall be installed along the access ways of the manufactured home park and the recreation area with lights of 100 watts or better not over 100 feet apart. Wires for service to light poles and manufactured home spaces shall be underground. o. Roadways within the park shall be improved with an all-weather dustless surface and shall be not less than 30 feet in width if parking is permitted on the margin of the roadway, or less than 20 feet in width if parking is not permitted on the edge of the roadway and an adequate designated area is provided and improved for guest parking and tenant recreational vehicles. p. All manufactured home parks shall have a minimum lot size of one acre. (Ord. 91-005 § 47, 1991) L. Multi -Family Dwelling_ Complex. A multi -family dwelling complex shall comply with the following provisions prior to occu- pancy: a. The number of units permitted by the applicable zone per gross square footage of a site may be increased as follows: 134 0106 1455 1. If dedicated open space which is developed and landscaped equals 50% or more of the total area of the site, a maximum of 10% increase in the number of units may be granted. 2. If in addition to open space as pro- vided in (1), above [subsection (L)(a)(1) of this section], a maintained playground area with approved equipment such as goalposts, swings, slides, etc., is provided, the number of units permitted may be increased an addi- tional 5%. 3. If in addition to open space and playgrounds as provided in [subsections (L)(a)](1) and (2) above [of this section], an approved recreational community building is provided, an additional 10% increase of units may be granted. [(Maximum total increase possible through application of subsection (L)(a) of this section is 25%.)] 4. The maximum total increase in dwell- ing units made possible by development of open space, playgrounds and recreational facilities shall be 25% of the number of units otherwise allowed. b. There shall be no outdoor storage of furniture, tools, equipment, building materials or supplies belonging to the occupants or management of the complex. C. If the complex or any unit thereof is more than 500 feet from a public fire hydrant, such shall be provided at appropriate locations on a vehicular way and shall conform in design and capacity to the public hydrants in the nearest city. d. A minimum of [at least] 2,500 square feet plus 100 square feet per dwelling unit shall be provided for recreation, including but not limited to, playgrounds [area], playing fields and facilities for group and community activities. The [Such] area shall be improved with grassy areas, landscaping [plantings], surfacing, equipment or buildings suitable for recreational use. The Hearings Body [Officer] may require recreational [this] areas to be screened [protected] from streets, parking areas or other uses [the like] by a sight -obscuring fence [or equivalent screening]. No play area is required if more than 70% of the area is preserved as open space and is improved [sufficiently developed] and landscaped for recreational enjoyment. e. All such complexes with more than 20 dwelling units shall be located [so as] to have access on a street designated as a collector unless otherwise approved by the Planning Director or Hearings Body [Officer]. E All such complexes shall provide both an ingress and egress. g. All roadways and parking areas shall be paved, and roadways shall not be less than 20 feet in width, except as approved by the Planning Director or Hearings Body [Officer]. h. A sight -obscuring fence or evergreen hedge may be required by the Hearings Officer when such screening is necessary to preserve the values of nearby properties, protect the aesthetic character of the neigh- borhood or vicinity and provide security for occupants of the subject complex. i. All accessory structures associated with such a complex shall be set back 50 feet from the property line of an adjoining single- family residential lot or use. j. Sewer and water facilities shall be provided according to Oregon Department of Environmental Quality standards. [adequate to serve the occupant's requirements.] M. Recreational Vehicle Park. A recrea- tional vehicle park shall conform to state standards in effect at the time of construction and the following conditions: a. The space provided for each recrea- tional vehicle shall be not less than 700 square feet exclusive of any space used for common areas such as roadways, general use structures, walkways, parking spaces for vehicles other than recreational vehicles and landscaped areas. b. Roadways shall be not less than 30 feet in width if parking is permitted on the margin of the roadway, or not less than 20 feet in width if parking is not permitted on the edge of the roadway and shall be paved with asphalt, concrete or similar impervious 135 0106 1456 surface and designed to permit easy access to each recreational vehicle space. C. A space provided for a recreational vehicle shall be covered with crushed gravel or paved with asphalt, concrete, or similar material and be designed to provide for the control of runoff of surface water. The part of the space which is not occupied by the recreational vehicle, not intended as an access way to the recreational vehicle or part of an outdoor patio, need not be paved or covered with gravel provided the area is landscaped or otherwise treated to prevent dust or mud. d. A recreational vehicle space shall be provided with piped potable water and sewage disposal service. A recreational vehicle staying in the park shall be connected to the water and sewage service provided by the park if the vehicle has equipment needing such service. e. A recreational vehicle space shall be provided with electrical service. f. Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of guests of the park and located in such number and of such capacity that there is no uncovered accumulation of trash at any time. g. No recreational vehicle shall remain in the park for more than 30 days in any 60 - day period. h. The total number of parking spaces in the park, except for the parking provided for the exclusive use of the manager or employees of the park, shall be one space per recreational vehicle space. Parking spaces shall be covered with crushed gravel or paved with asphalt, concrete or similar material. i. The park shall provide toilets, lava- tories and showers for each sex in the follow- ing ratios: For each 15 recreational vehicle spaces or any fraction thereof, one toilet, one urinal, one lavatory and one shower for men; two toilets, one lavatory and one shower for women. The toilets and showers shall afford privacy and the showers shall be provided with private dressing rooms. Facilities for each sex shall be located in separate buildings, or, if in the same building, shall be separated by a soundproof wall. j. The park shall provide one utility building or room containing one clothes washing machine, one clothes drying machine and 15 square feet of space for clothes drying lines for each 10 recreational vehicle spaces or any fraction thereof, unless such facilities are available within a distance of 3 miles and are adequate to meet these standards. k. Building spaces required by subsec- tions (M)(i) and (j) of this section shall be lighted at all times of night and day, shall be ventilated, shall be provided with heating facilities which shall maintain a room temper- ature of 68 degrees (F), shall have floors of waterproof material, shall have sanitary ceiling, floor and wall surfaces and shall be provided with floor drains adequate to permit easy cleaning. 1. Except for the access roadway into the park, the park shall be screened on all sides by a sight -obscuring [hedge or] fence not less than six feet in height, unless otherwise approved by the Planning Director or Hear- ings Body [Officer]. M. [The park shall be maintained in] A neat appearance shall be maintained at all times. Except for vehicles, there shall be no outside storage of materials or equipment belonging to the park or to any guest of the park. n. Evidence shall be provided that the park will be eligible for a certificate of sanita- tion as required by state law. N. Radio, Television Tower, Utility Station or Substation. a. In a residential zone, all equipment storage on the site may be required to be within an enclosed building. b. The use may be required to be fenced and landscaped. C. The minimum lot size for a public utility facility may be waived on finding that the waiver will not result in noise or other detrimental effect to adjacent property. d. Transmission towers, posts, overhead wires, pumping stations, and similar 136 0100 145'7 installations [gear] shall be [so] located, de- signed and installed [as] to minimize [their] conflicts with scenic values. O. Schools. a. Nursery schools shall provide and maintain at least 100 square feet of outdoor play area per child. A sight -obscuring fence at least four feet but not more than six feet high shall separate the play area from adjoin- ing lots. b. Elementary and secondary schools shall provide a basic site area consistent with state standards for the predicted ultimate enrollment. C. Secondary schools shall provide a basic site area of 10 acres plus one additional acre for each 100 pupils of predicted ultimate enrollment. P. Cluster Development (Single -Family Residential Uses Onlvl. a. Such uses may be authorized as a conditional use only after consideration of the following factors: 1. Need for residential uses in the immediate area of the proposed development. 2. Environmental, social and economic impacts likely to result from the development, including impacts on public facilities such as schools and roads. 3. Effect of the development on the rural character of the area. 4. Effect of the development on agricul- tural, forestry, wildlife or other natural resource uses in the area. b. The conditional use shall not be granted unless the following findings are made: 1. Human activities, including all devel- opment and alterations of the natural land- scape, will be limited to 35 percent of the land and 65 percent shall [will] be kept in open space uses. In the Forest Use Zone, development shall be limited to 25 percent of the land with 75 percent to be retained in open space. The area of the development shall be measured by drawing a continuous line around the affected area 150 feet on either side of any lot, building, road or other such facility. 2. Uses permitted in the open space area may include the management of natural resources, trail systems or other outdoor uses that are consistent with the character of the natural landscape. 3. All lots within the development shall be contiguous to one another except for occasional corridors which shall not be wider than the average lot width, unless the Plan- ning Director or Hearings Body finds that special circumstances warrant a wider corridor. 4. In the resource and rural zones, the cluster development shall be located on the least productive land. 5. All subdivision requirements con- tained in Deschutes County Code Title 17, the Subdivision/Partition Ordinance, shall be met. 6. The total number of units may exceed the overall density established by the mini- mum lot size of the zone in which the devel- opment is proposed by not more than 33 percent. 7. The open space of the proposed development may be platted as a separate parcel or in common ownership of some or all of the clustered units. However, the open area shall not be subject to development unless the whole development is brought inside an urban growth boundary. 8. Roads within the development shall meet the requirements of the County Road Department and shall be considered private roads. An agreement acceptable to the Road Department shall be required for the mainte- nance of those roads. [All service connec- tions shall be the minimum length necessary and underground where feasible.] 9. The rural character of the area shall not be adversely affected. 10. All service connections shall be the minimum length necessary and underground where feasible. C. All applications shall be accompanied by a plan with the following information: 137 0106 1458 1. A plat map meeting all the subdivi- sion requirements of Deschutes County Code Title 17, the Subdivision/Partition Ordinance. 2. An open space management plan which includes designation of proposed open space on the plat, a written management plan and deed restrictions that retain the open space in perpetuity. [The area to be preserved for open space clearly designated on the plan and adequate deed restrictions to maintain the land in open space. A written manage- ment plan shall also be submitted for the open space.] 3. A written agreement establishing an acceptable homeowners association assuring the maintenance of common property in the development. d. Dimensional Standards: 1. Setbacks and height limitations shall be as prescribed in the zone in which the development is proposed unless adequate justification for variation [reduction] is pro- vided the Planning Director or Hearings Body, but in no case shall the setbacks be less than 25 feet or the height greater than 40 feet. 2. Minimum area for a cluster develop- ment shall be 5 acres unless otherwise limited by the zone in which it is proposed. C. Conditions for phased development shall be specified [of the project may be per- mitted if agreed to by the hearings body at the time of the initial application. Such conditions] and performance bonds shall be required by the Planning Director or Hear- ings Body to assure completion of the project as [are] stipulated [by the hearings body]. (Ord. 84-015 § 3, 1984) Q. Planned Development. a. Such uses may be authorized as a conditional use only after consideration of the following factors: 1. Proposed land uses and densities. 2. Building types and densities. 3. Circulation pattern. 4. Parks, playgrounds, open spaces. 5. Existing natural features. 6. Environmental, social, energy and economic impacts likely to result from the development, including impacts on public facilities such as schools, roads, water and sewage systems, fire protection, etc. 7. Effect of the development on the rural character of the area. 8. Proposed ownership pattern. 9. Operation and maintenance proposal (i.e., homeowners association, condominium, etc.). 10. Waste disposal facilities. 11. Water supply system. 12. Lighting. 13. General timetable of development. b. The conditional use may be granted upon the following findings: 1. All subdivision restrictions contained in Deschutes County Code Title 17, the Subdivision/Partition Ordinance, shall be met. 2. The proposed development conforms to the Comprehensive Plan. 3. Any exceptions from the standards of the underlying district are warranted by the design and amenities incorporated in the development plan and program. 4. The proposal is in harmony with the surrounding area or its potential future use. 5. The system of ownership and the means of developing, preserving and main- taining open space is adequate. 6. That sufficient financing exists to assure the proposed development will be substantially completed within four years of approval. 7. Sixty-five percent of the land is to be maintained in open space. 8. Adequate provision is made for the preservation of natural resources such as bodies of water, natural vegetation and special terrain features. C. 1. All applications for planned devel- opments shall include [be submitted in the form and with] the materials and information required for approval of a subdivision as specified in Deschutes County Code Title 17, the Subdivision/PartitionOrdinance [required by County Ordinance PL -14] and the 138 0100 1459 materials and information required for approval of a conditional use as specified in this ordinance [shall also meet the require- ments in this ordinance for the approval of conditional uses]. 2. Approval for [both] the conditional use application and the planned development application may be given simultaneously. d. Dimensional Standards: 1. Setbacks and height limitations shall be as determined by the Planning Director or Hearings Body [Officer] upon review of the evidence submitted. 2. Densities shall not exceed that estab- lished by the underlying zone. 3. The minimum lot area, width, front- age and yard requirements otherwise applying to individual buildings in the zone in which a planned development is proposed do not apply within a planned development. An equivalent overall density factor may be utilized in lieu of the appropriate minimum lot area. 4. Minimum size for a planned develop- ment shall be 40 acres. e. Any commercial use permitted outright in the RSC Zone will be allowed in a planned development, subject to the following conditions: 1. Each use shall be wholly enclosed in a building. 2. The total area of such uses shall not exceed 3% of the total area of the planned development. R. Planned Communities. a. Such uses may be authorized as a conditional use only after consideration of the [following] factors listed in [l. Same as] subsection (Q)(a) of this section. b. The conditional use may be granted upon the [following] findings specified in [1. Same as] subsection (Q)(b) of this section, except that there must be an addi- tional [in addition there must be a] finding that the planned community will actually function as an independent community. C. All applications shall be submitted in the form and with the materials required of subdivisions as required by Deschutes County Code Title 17, the Subdivision/Partition Ordi- nance, and shall also meet the requirements of this ordinance for the approval of condi- tional uses. d. Dimensional standards shall be deter- mined as specified in [l. Same as] subsection (Q)(d) of this section, except that the minimum size for a planned community shall be 640 acres. e. Phased development of the project may be permitted if agreed to by the Plan- ning Director or Hearings Body at the time of the initial application. [Such] Conditions of approval for phased development shall be specified and performance bonds [adequate to assure completion of the project shall be] required by the Planning Director or Hear- ings Body [Officer] to assure completion of the project as stipulated. S. Destination Resorts, Dude Ranches. a. Such uses may be authorized as a conditional use only after consideration of the [following] factors listed in [l. Same as] subsection (Q)(a) of this section. b. The conditional use may be granted upon the [following] findings specified in [l. Same as] subsection (R)(b) of this section. C. All applications shall be submitted in the form and with the materials required of subdivisions by Deschutes County Code Title 17, the Subdivision/Partition Ordinance, and shall also meet the requirements in this ordi- nance for the approval of conditional uses. d. Dimensional standards are the [l.] same as those in subsection (Q)(d) of this section, except that the density of a destination resort or dude ranch may be greater or less than the density [that] of the underlying zone upon findings by the Plan- ning Director or Hearings Body [Officer] that the change is warranted and that the pro- posed [particular circumstances warrant a 139 ®106 1460 different] density does not violate the purpose of the underlying zone or other terms of this ordinance. e. Phased development of the project may be permitted if agreed to by the Planning Director or Hearings Body [Officer] at the time of the initial application. [Such] Conditions of approval for phased develop- ment shall be specified and performance bonds [adequate to assure the completion of the project shall be] required by the Planning Director or Hearings Body [Officer] to assure completion of the project as stipulated. T. Shopping Complex. a. Such uses may be authorized as a conditional use only after a determination is made by the Planning Director or Hearings Body. 1. That the public interest will be served by [the] approval of the proposal based on analysis of [considering the following factors:] environmental, social and economic and energy impacts likely to result from the development. Analysis may include, but not be limited to, consideration of [, including] impacts on public facilities such as roads, water supplies, sewer systems and police and fire protection[, etc]. 2. That the entire complex shall be completed within one year or a master plan shall be submitted that explains the phased development of the project. The master plan shall specify a timetable of completion for all phases of the project. The master plan shall be fully implemented within five years or extended in accordance with the terms of Deschutes County Code Title 22, the Uniform Development Procedures Ordinance. 3. That there is adequate area for the buildings, landscaping, parking, septic systems and access to serve the proposed develop- ment. 4. That the use is consistent with the character of the area and is not detrimental to the land use pattern of the area. 5. That the proposed shopping complex is to be developed and managed as a total entity, with a plan for maintenance of all elements of the site plan. 6. The proposed shopping complex is appropriate for serving the needs of rural residents in the area. 7. The proposed shopping complex will not attract residents outside the rural area to be serviced. (Ord. 84-023 § 4, 1984) U. High -Temperature Geothermal Wells and Small -Scale Geothermal Energy Facilities. a. Applicants shall provide the following information: 1. Project Description. A detailed narrative which describes the applicant's plan of operations for exploration, production, utilization, and/or injection. This description shall include estimated starting and comple- tion dates for each activity or phase of the project. It shall also include a concise but comprehensive discussion of the project's expected environmental impacts. This narra- tive shall also include as an exhibit a state- ment describing the applicability of all local, state or federal inventories of Statewide Planning Goal 5 resources in the project vicinity. 2. Maps. As may be required by the Planning Director or Hearings Body, maps shall be submitted on readily reproducible transparencies as follows: i. A topographic map, of a scale not less than one inch to one-half mile, on which the following are shown: all pertinent property ownership and geothermal lease boundaries; the location of all proposed, existing and abandoned geothermal wells and/or energy facilities; all existing and planned access roads; major drainage patterns of the project's operational area; and signifi- cant environmental features and natural resource locations, including but not limited to: mineral or aggregate deposits, fish and wildlife habitats, ecologically or scientifically notable natural area, outstanding scenic views, wetlands, surface water bodies, wilderness areas, historic and cultural sites and recrea- tion trails and facilities. 140 01®6 1461 ii. A map of the project site, of a scale not less than one inch to fifty feet, on which is shown a detailed layout of all drilling pads, sumps, equipment, buildings, pipelines, power lines and related facilities. iii. Other specialized maps, plans or drawings as may be required by the Planning Director or Hearings Body, including but not limited to: a larger -scale map to show any of the foregoing information if details cannot be satisfactorily indicated on the smaller scale map; detailed engineering drawings for any construction at a location on steep terrain, potentially unstable ground or other geologi- cally or environmentally sensitive areas; and engineering drawings of new road construc- tion or existing road modification when such roads are in rugged terrain, or pass through or near environmentally sensitive areas. 3. Emergency Contingency Plan. A detailed emergency contingency plan which addresses prevention or control of fires, blow- outs, pollution incidents, accidents, injuries and adverse weather conditions. This plan shall describe the following: i. How the emergency will or might affect the applicant's operations; or endanger personnel, public health, safety or the environment. ii. Measures proposed to prevent, control, mitigate or minimize the possible negative effects of emergency incidents. iii. Procedures for training and instruct- ing personnel as to proper procedures for preventing, controlling or minimizing the impacts of emergency incidents. iv. Where and how stand-by emergency control equipment and services are to be obtained in the event of an emergency inci- dent. V. Notification list with order of notifi- cation, including names, telephone numbers and addresses of the applicant's responsible officials, and those of applicable emergency service agencies. vi. Where and how first aid, and minor and major medical aid will be obtained if needed during work on the project. 4. For drilling applications, a narrative and diagrammatic description of the follow- ing: L The type and capacity of drilling equipment to be used. ii. The expected drilling schedule. iii. The drilling method to be used; type of circulating media to be used, e.g., water, mud, foam, air or combination thereof; chemical additives to be used; circulating media cooling measures to be employed; and amounts of reserve circulating media and water to be kept on the drill site. If toxic materials are to be used, protective measures must be explained in detail. iv. The number and type of workers to be employed during drilling. V. The safety provisions and emergency shutdown procedures to be used for protec- tion of the public health and environment. vi. The planned use, source, quality and consumption rate for any outside water supply. vii. The method and locations for dispos- al of wastes. viii. A description of the intended site restoration procedures to be used after com- pletion of drilling. ix. When approved by the Planning Director or Hearings Body, applications for prospect wells, as defined by ORS 522.005(15), may satisfy the information requirements of paragraphs (U)(a)(1) through (U)(A)(4), above by submission of a copy of the applicant's prospect well permit applica- tion to the Oregon Department of Geology & Mineral Industries. 5. For energy facility applications, a narrative and diagrammatic description of the following: L The structures, equipment and support facilities to be used in the project and their manner of operation. ii. A description of the purpose and operational characteristics of the major com- ponents in the energy facility, including schematic flow diagrams. 141 �R iii. An artist's rendering which illustrates the visual appearance of the facility and its immediate environs after completion. iv. A time schedule for the installation and start-up of the facility. V. The number and type of construction and permanent workers to be employed at the facility. vi. The safety provisions and emergency shutdown procedures to be used in the facility for protection of the public health and envi- ronment, including a schedule for testing and maintaining safety devices. vii. The planned use, source, quality and consumption rate for any outside water supply. viii. The method and locations for dispos- al of wastes. ix. A description of facility monitoring to assure continuing compliance with applicable noise, air and water quality standards and regulations, and for other potentially signifi- cant environmental impacts. X. A description of the intended aban- donment and site restoration procedures to be used if and when the facility is perma- nently taken out of operation. b. The siting, drilling, operation and abandonment of wells and energy facilities shall comply with the following standards: 1. Excluded Areas. No activity shall be permitted in inventoried natural resource areas, as defined by Oregon Statewide Plan- ning Goal 5, which the county has determined to be unsuitable for any use other than the inventoried natural resource pursuant to Geothermal Policy 4(f) of the Comprehensive Plan. 2. Scenic Protection. Activities shall be designed and conducted [so as] to be as com- patible as practical with surrounding scenic and visual characteristics. Energy facilities shall be designed to minimize their visual profile, and painted or prepared [so as] to be non -reflective, and of colors which blend with and reduce contrast with surrounding land- scape colors. 3. Fish and Wildlife Protection. Activi- ties shall be designed, conducted and moni- tored, so as to assure protection of surround- ing fish and wildlife resources. Activities shall not encroach upon or jeopardize habitat areas which are necessary to sustain local or migratory populations of fish and wildlife determined by the county to be significant. 4. Historic and Cultural Protection. Activities shall be designed and conducted to avoid disturbance to historic and cultural resources. The applicant shall cease construc- tion or operations if such resources are encountered, and inform the county within 48 hours of such resources. Thereafter, the applicant shall submit a plan for preservation and/or interpretation of such resources before recommencing construction or operations. 5. Access Roads. Activities shall be designed and constructed [conducted in such a way as] to utilize existing roads as much as practical. [ Any permanent roads to be con- structed shall comply with applicable county road standards.] 6. Signs. All well and facility sites shall have a sign of not less than three, nor more than six, square feet in surface area promi- nently erected, which displays the site's name or identification number; the operator's name, address and phone number; the name and phone number of the operator's representa- tive to be contacted in the event of an emer- gency. 7. Earth Work. Drill pads, pipeline routes, facility sites and roads shall be designed and constructed as follows: L Plans for drill pads, pipelines, facility sites and roads shall be prepared by a regis- tered civil engineer. ii. Upon commencement of site work, topsoil shall be removed and stockpiled for later respreading over disturbed areas prior to revegetation in accordance with subsection (U)(c) of Section 18.128.040. Except for large stumps, vegetation removed during initial site work shall be chipped, stockpiled and respread with topsoil. Stumps shall be buried outside of fills. Vegetation beyond the site 142 ®6 1463 perimeter shall not be disturbed; the clearing limits for the site shall be specified in plans submitted to the county. Buffer zones of undisturbed soil and vegetation shall be maintained for 500 feet on either side of stream courses. Roads and pipelines crossing riparian areas shall be designed and con- structed at minimum widths and in considera- tion of maximum erosion control. iii. Fills shall be compacted to a minimum of 90% relative density (ASTM D- 1557) [so as] to minimize erosion. If signifi- cant erosion occurs, the applicant shall take prompt remedial action. iv. Fill slopes shall not exceed a gradient of 2:1. The toes of all fills shall be stabilized with rock or keyed into stable soil and placed to reduce erosion potential to an absolute minimum. Revegetation of fill slopes shall be carried out in accordance with subsection (U)(c). Cut slopes shall not exceed a gradient of 11/2:1. Modification of these slope gradi- ents may be made upon written approval of the Deschutes County Public Works Director. V. Subdrains shall be provided under all fills where natural drainage courses and seepage are evident. vi. No drill pads, pipelines, facility sites or access roads shall be allowed on potentially active landslides. vii. Grading and filling shall be designed [so as] to channel storm runoff to existing natural drainages. Energy dissipaters and collection devices to reduce the erosion force of unnatural runoff shall be provided. viii. Sumps shall be designed [so as] to withstand both static loads and dynamic loads imposed by potential seismic events. Sumps shall be constructed of material compacted to a minimum of 90% relative density (ASTM D1557), and shall be lined with either clay or an equivalent impermeable membrane. Safety fencing may be required. ix. Sumps shall be operated in [such] a way that will [manner as to] preclude over- topping. Three feet of free board shall be maintained at all times when sumps are in use. Upon completion of drilling and testing, sumps shall be purged of environmentally harmful chemicals and precipitates and back- filled immediately. 8. Pipelines. All pipelines shall be designed and constructed in accordance with applicable state standards. Pipelines shall be subsurface at road crossings, unless it is demonstrated that no significantly adverse visual impacts will result from above -ground crossings. In no case shall pipelines impede vehicular traffic. Catch basins and drainages to acceptable receptacles shall be installed and continuously maintained in order to contain condensate. 9. Noise. Activities shall be conducted in compliance with Oregon Department of Environmental Quality noise standards. Noise from drilling and facility operation shall be muffled and times of operation limited to prevent [so as not to constitute] a public nui- sance as defined by DEQ [the Department's standards]. The county may require noise monitoring and reporting over and above that required by the Department of Environmental Quality. 10. Fire Protection. Activities shall be designed and conducted [so as] to provide fire protection measures acceptable to the county, any adjacent land management agency and any fire district in which the project is located. 11. Waste Disposal. All wastes generated by a project, including but not limited to refuse, drilling fluids, drill cuttings, sand, precipitates and other solids shall be disposed of in a manner and at a location in conformance with Oregon Department of Environmental Quality standards. 12. Public Safety. Activities shall be designed and conducted to prevent access [such that unattended equipment and opera- tional areas are protected from access] by unauthorized persons to unattended equip- ment and operational areas. 13. Air Quality. Activities shall be designed and conducted [so as] to comply with the air quality standards of the Oregon Department of Environmental Quality. 143 0106 1464 Operational areas and access roads shall be regularly sprinkled with clean water to control dust. Except for prospect drilling, as defined by ORS 522.005(15), the county may require establishment of a meteorological station and meteorological monitoring at the site. 14. Water Quality. Activities shall be designed and conducted [so as] to comply with the water quality standards of the Oregon Department of Environmental Quality. The equipment service and fuel transfer areas, and the area occupied by drilling rigs shall drain into sumps. No fluids of any type shall be allowed to enter stream courses. 15. Subsidence and Induced Seismicity. Activities shall be designed and conducted [so as] to minimize the potential for land subsi- dence or induced seismicity which could result from the withdrawal and/or injection of geo- thermal fluids. Except for prospect drilling, as defined by ORS 522.005(15), the county may also require establishment of a monitor- ing program to gauge such impacts during operations.[, and] If either subsidence or induced seismicity is determined by the county to present a significant hazard, the county may require remedial action including, but not limited to, reduced production rates, increased injection of waste water or other non-toxic fluids or suspension of production. 16. Clean-up. Upon completion of each phase of a project, the site shall be promptly cleared of all trash, refuse, and other waste material. All drilling equipment shall be removed from well pads within 60 days of the completion of a well. 17. Well Drilling Completion Notice. Applicants shall notify the county in writing of completed well drilling and testing within 7 days of said completion. Applicants shall notify the county in writing of suspended drilling within 7 days of said suspension, when such suspension is expected to last longer than 180 days. 18. Standby Wells. Wells which have encountered geothermal resources and which are awaiting connection to a pipeline or energy facility shall be maintained at a mini- mum steam bleeding rate in compliance with Oregon Department of Geology & Mineral Industry standards. The area surrounding the wellhead pads of standby wells and producing wells shall be subject to the revegetation requirements of subsection (U)(c). 19. Re -Entry of Wells. Applicants may redrill or otherwise re-enter the same well- bore of any well for which a conditional use permit has already been issued as long as all conditions for the use permit continue to be met. 20. Site Abandonment and Restoration. When a well or facility is permanently aban- doned, the applicant shall remove all equip- ment, structures and other related material within 180 days from the date operations cease. Thereafter, the applicant shall regrade the area of operations to match original land contours as closely as practical and shall revegetate the area in accordance with sub- section (U)(c) of 18.128.040, below. C. Revegetation. Following the comple- tion of well drilling, or the permanent aban- donment of a well or facility, the applicant shall revegetate the area of operations as follows: 1. Previously stockpiled topsoil and chipped vegetation shall be respread over disturbed areas prior to reseeding. 2. Disturbed areas shall be reseeded with native plants and grasses[. This revegeta- tion shall commence] in the first fall following completion of drilling or site abandonment. Temporary fencing of reseeded areas may be required to facilitate revegetation. The reve- getation shall be evaluated by the county during the first spring following initial reseeding, and if determined to have resulted in less than a 75% survival rate, additional revegetation shall be required in the immedi- ately succeeding fall season. (Ord. 85-002 § 9, 1985) V. Hydroelectric Facilities. a. The criteria set forth below shall apply to any construction or expansion of, or other modification to, hydroelectric facilities 144 0.06 1465 in zones where such facilities are permitted as a conditional use. A conditional use permit may be granted for the construction or expansion of, or other modification to, a hydroelectric facility only upon findings by the Planning Director or Hearings Body that the proposal meets each of the following criteria, where applicable: 1. The facility is located at and physi- cally connected to an existing man-made diversion or impoundment. 2. The facility will not increase the maximum surface area or capacity of the impoundment created by the existing dam or diversion to which the facility will be connected. 3. 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. 4. The facility will maintain or enhance the existing recreational opportunities on or adjacent to the affected stretch of the river. 5. The facility will maintain or enhance existing fish and wildlife habitat and will have no adverse impact upon any threatened or endangered fish, wildlife or plant species or their habitat. 6. 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 impacts on water quality will be minimized. Specifically, the facility and its operation will not: i. deposit or create a zone for the deposit of sediments in the river at or adja- cent to the site; ii. increase the temperature of the river in the affected stretch by any means, includ- ing but not limited to removal of vegetation or reduction in streamflow; or iii. create the potential for or result in spillage, leakage or discharge of oil, waste products, chemicals or other substances [or waste products] which could reach the river. 7. 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 construction of the facility, during which time soil or bank erosion and destruction of bank habitat will be minimized. 8. The facility and its operation will maintain existing public access to the affected stretch of the river. 9. The facility will not be located at or immediately adjacent to any identified archae- ological 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. 10. The facility will not be located on any stretch of the river that is being studied or recommended for inclusion in either the Federal Wild and Scenic Rivers Program or the State Scenic Waterways Program, unless location of the facility at that site would not preclude inclusion of the stretch in the state or federal program. 11. The facility and its operation will comply with all applicable noise, water quality and pollution regulations of the Oregon Department of Environmental Quality. 12. 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 hydroelectric facility, in addition to all other requirements, shall submit the following for approval: 1. Detailed construction plans and profiles of all facility features including building elevations of the powerhouse and other structures, excavation plans, [and] a narrative describing [as to] where blasting will occur and where excess material will be deposited, and landscaping and reclamation plans. 2. Detailed plans for meeting the cri- teria set forth in subsection (1) above. 3. Detailed plans for river enhancement documenting both on-site and off-site enhancement plans consistent with adopted river -related goals and policies, such as plans 145 0106 1466 and methods for conserving water and enhancing streamflows. The plan shall identify costs, time schedules and coordina- tion activities with affected persons and agencies for such enhancement plans. 4. A cash deposit, performance bond or other security acceptable to Deschutes County in an amount equal to 100 percent of the estimated cost of river enhancement. 5. Detailed plans for a water conserva- tion and stream enhancement program to be funded by a portion of revenues generated by the operation of the proposed facility. The program plans shall contain the following: i. A program timetable; ii. Projected gross revenues from the proposed facility; iii. Projected program expenditures and the percentage of gross revenues they represent; iv. Projected water savings and the percentage of known current water losses they represent; V. A declaration by the applicant that at least fifty percent of the conserved water will remain undiverted by the applicant; vi. 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 recommended by the Oregon Department of Fish and Wildlife; and f[iii]. A declaration that [by] the applicant [that it] will enter into an agreement with the [Deschutes] county[, prior to beginning construction of the facility, by which the applicant agrees] to fulfill all of the require- ments in paragraphs (1) through (5) of this subsection before beginning construction. (Ord. 86-018 § 1, 1986) W. 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: L An application shall be filed contain- ing a plan with the following information: i. A detailed explanation of the planned fill or removal including the amount of mate- rial to be filled or removed. ii. An explanation of why the fill or removal is necessary. iii. A site plan, drawn to scale and accompanied by such drawings, sketches, and descriptions as are necessary to describe and illustrate the proposed fill or removal. The site plan shall, at a minimum, include: * An inventory of existing vegetation. * The proposed modifications, if any, to the vegetation. * Existing and proposed site contours. * Location of property lines, easements and high water marks. * Other site elements or information which will assist in the evaluation of the proposed fill or removal. 2. Public facility and service uses such as construction or maintenance of roads, bridges, electric, gas, telephone, water, sewer transmission and distribution lines, and related facilities controlled by public utilities or cooperative associations, shall not be granted conditional use permits to fill or remove unless the following findings are made: i. That all necessary state and federal permits will be obtained as a condition of approval of the conditional use. ii. That the roads, bridges, transmission and distribution lines, and related facilities cannot, as a practical matter, be located out- side of the wetland, or bed and bank of the stream or river. iii. That the construction or maintenance requiring the fill or removal will be done in a manner designed to minimize the adverse impact upon the wetland, stream or river. iv. That erosion will be adequately controlled during and after construction. V. That the impacts on fish and wildlife habitat from the fill or removal will be 146 C 1467 minimized to the greatest extent practical. The Oregon Department of Fish and Wildlife will be requested to review and comment on the application. 3. Fill or removal required for public park and recreation areas, natural and out- door 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 following findings are made: i. That all necessary state and federal permits will be obtained as a condition of approval of the conditional use permit. ii. That only the minimum removal of vegetation or material and dredging or exca- vation necessary for construction and mainte- nance will be done. iii. 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. iv. That such construction and mainte- nance is designed to minimize the adverse impact on the site. V. That erosion will be adequately controlled during and after construction. vi. That the impacts on fish and wildlife habitat by 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. 4. Except for uses identified in para- graphs (2) and (3), above, an application for a conditional use permit for activity involving fill or removal of material or vegetation within the bed and banks of a stream, river or wetland: i. Shall be granted only after consid- eration of the following factors: * The effects on public or private water supplies and water quality. * The effects on aquatic life and habitat, and wildlife and habitat. The Oregon Department of Fish and Wildlife will be requested to review and comment on the application. * Recreational, aesthetic and economic values of the affected water resources. * Effects on the hydrologic characteris- tics of the water body such as direction and velocity of flow, elevation of water surface, sediment transportation capacity, stabilization of the bank and flood hazards. * The character of the area, consider- ing existing streambank stabilization problems and fill or removal projects which have previ- ously occurred. ii. Shall not be granted unless all of the following conditions are met: * That all necessary state and federal permits will be obtained as a condition of approval of the conditional use. * That there is no practical alternative to the proposed project which will have less impact on the surrounding area, considering the factors established in subsection (4)(i) above. * That there will be no significant impacts on the surrounding area, considering the factors established in subsection (4)(i) above. * That erosion will be adequately con- trolled during and after the project. * That [vegetation will maintain] the essential character, quality, and density of existing vegetation will be maintained. [growth]. Additional vegetation shall be required if necessary to protect aquatic life habitats, functions of the ecosystem, wildlife values, [erosion and] aesthetic resources and to prevent erosion. * That the proposed fill or removal activity will be consistent with all relevant goals and policies of the Deschutes County Comprehensive Plan. * That a conservation easement, as defined in Section 18.04.030, "Conservation Easement," shall be conveyed to the county, which provides, 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 147 0106 1468 real property on the same lot, within 10 feet of any wetland, river or stream. (Ord. 89-008 § 1, 1989) b. This section shall not apply to fill and removal activity in the bed or banks of the following stretches of the Deschutes River which are within Deschutes County. 1. The segment from the gauging station immediately below Wickiup Dam downstream approximately 28 miles to General Patch Bridge (at river mile 199); 2. The segment beginning at Harper Bridge (at river mile 192) downstream approximately 20 miles to river mile 172 above Bend, Oregon; and 3. The segment beginning at Twin Bridges (at river mile 154.5) downstream approximately 34.5 miles to Lake Billy Chinook, excluding the Cline Falls Dam and power house between river mile 145 and 144. (Ord. 87-032 § 1, 1987; Ord. 86-056 § 4, 1986) X. Surface Mining of Resources Exclu- sively for On -Site Personal. Farm or Forest Use or Maintenance of Irrigation Canals. These uses are subject to the following stan- dards: a. An application shall be filed contain- ing the following information: 1. A detailed explanation of the project and why the surface mining activity is neces- sary. 2. A site plan drawn to scale and accompanied by any drawings, sketches and descriptions necessary to describe and illus- trate the proposed surface mining. b. A conditional use permit shall not be issued unless the applicant demonstrates at the time of site plan review that the following conditions are or can be met: 1. The surface mining is necessary to conduct or maintain a use allowed in the zone in which the property is located. 2. Erosion will be controlled during and after the surface mining. 3. The surface mining activity can meet all applicable DEQ noise control standards and ambient air quality and emission stan- dards. 4. Sufficient water is available to support approved methods of dust control and vegetation enhancement. 5. The surface mining does not adversely impact other resources or uses on the site or adjacent properties, including, but not limited to, farm use, forest use, recrea- tional use, historic use and fish and wildlife habitat as designed or through mitigation measures required to minimize these impacts. C. If the surface mining actively involves the maintenance or creation of man-made lakes, water impoundments or ponds, the applicant shall also demonstrate, at the time of site plan review, that the following condi- tions are or can be met: 1. There is adequate water legally avail- able to the site to maintain the water impoundment and to prevent stagnation. 2. The soil characteristics or proposed lining of the impoundment are adequate to contain the proposed water and will not result in the waste of water. 3. Where the impoundment bank slope is steeper than 3 feet horizontal to 1 foot vertical, or where the depth is 6 feet or deep- er, the perimeter of the impoundment is ade- quately protected by methods such as fences or access barriers and controls. 4. The surface mining does not adversely affect any drainages, all surface water drainage is contained on site, and existing watercourses or drainages are main- tained so as not to adversely affect any sur- rounding properties. (Ord. 90-014 § 39, 1990) Y. Storage. Crushing and Processing of Minerals in Conjunction With the Mainte- nance or Construction of Public Roads or Hi wa s. A conditional use permit for these uses shall be subject to the following stan- dards: a. An application shall be filed contain- ing the following information: 1. A detailed explanation of the project, including the duration and operation charac- teristics of the site. 2. A site plan drawn to scale and accompanied by such drawings, sketches and 148 6106 1469 descriptions as are necessary to describe and illustrate the proposed project. b. A conditional use permit for storage, crushing and processing of minerals to be used in conjunction with maintenance and construction of public roads and highways shall be subject to all applicable general operation standards established by Section 18.52.110, except Section 18.52.110, para- graphs (J), (K) and (L). (Ord. 90-014 § 40, 1990) 18.128.050 Procedure for Taping Action on conditional Use Application. The procedure for taking action on a condi- tional use application shall be as follows: A. A property owner may initiate a request for a conditional use by filing an application on forms provided by the Planning Department. B. Review of the application shall be conducted according to the terms of Deschutes County Code Title 22, the Uniform Development Procedures Ordinance. (Ord. 86-032 § 1, 1986) 18.128.060 Time Limit on a Permit for a Conditional Use. A. Authorization of a conditional use shall be void after one year or such lesser time as the authorization may specify unless substantial construction has taken place or the proposed use has occurred. However, the Planning Director or Hearings Body [Officer] may extend authorization for an additional period not to exceed one year. B. If it can be demonstrated to the Planning Director or Hearings Body that a delay in establishing a use is due to a delay by a state or federal agency in issuing a required permit and not the fault of the applicant, the Planning Director or Hearings Body may extend the time limit imposed by paragraph (A), above, for a period not to exceed one year following issuance of the state or federal permit. [If delay in establish- ing the use is demonstrably due to a delay by a state or federal agency in issuing a required permit, at no fault to the applicant, the Planning Director or Hearings Body [Officer] may extend the time limit imposed by para- graph (A), above, for a period not to exceed one year following issuance of the state or federal agency permit. The applicant shall establish with the Planning Director or Hear- ings Body [Officer] that such state or federal permits have not yet been issued, and that the delay has not been caused by the applicant.] 18.128.070 Occupancy Permit. The Planning Director or Hearings Body [Officer] may require an occupancy permit for any conditional use permitted and approved pursuant to the provisions of this ordinance. The Planning Director or Hearings Body [Officer] shall consider such a requirement for any use authorized by a conditional use permit for which the ordinance requires on- site or off-site improvements or where such conditions have been established by the Plan- ning Director or Hearings Body [Officer] upon approval of such use. The requirement of an occupancy permit shall be for the intent of insuring permit compliance and said permit shall not be issued except as set forth by the Planning Director or Hearings Body [Officer]. The authority to issue an occupancy permit upon compliance with the requirements and conditions of a conditional use permit may be delegated to the Planning Director or the Building Inspector by the Hearings Body [Officer] at the time of approval of a specific conditional use permit. [18.128.080 Temporary Use Permit. A temporary use permit for a manufactured home in a residential area may be granted by the or Hearings Officer when a medical condition exists which requires the temporary location of a manufactured home unit on the property in order to provide necessary care for a member of the principal occupant's family. Such medical condition must be verified by a doctor's written statement, which is to accompany the permit application.] 149 C106 1470 (Section 8.090 repealed by Ord. 89-004 § 3, 1989) Chapter 18.132 VARIANCES Sections: 18.132.010 Variance Application 18.132.020 Authority of Hearings Body [Officer] 18.132.030 Hearings Body [Officer] Action on Variance 18.132.040 Variance Procedure 18.132.010 Variance Application. The Planning Director or Hearings Body [Officer] may authorize area or use variance from the requirements of this ordinance. Application for a variance shall be made by petition stating fully the grounds of the appli- cation and the facts relied upon by the peti- tioner. 18.132.020 Authority of Hearings Body [Officer.] A variance may be granted unqualifiedly or may be granted subject to prescribed condi- tions, provided that the Planning Director or Hearings Body [Officer] shall make all of the following findings: A. Area Variance. a. That the literal application of the ordinance would create practical difficulties resulting in greater private expense than public benefit. b. That the condition creating the diffi- culty is not general throughout the surrounding area but is unique to the applicant's site. C. That the condition was not created by the applicant. A self-created difficulty will be found if the applicant knew or should have known of the restriction at the time the site was purchased. d. That the variance conforms to the Comprehensive Plan and the intent of the ordinance being varied. B. Use Variance. a. That the literal application of the ordinance would result in unnecessary 150 x'106 1471 hardship to the applicant. An unnecessary hardship will be found when the site cannot be put to any beneficial use under the terms of the applicable ordinance. b. Each of the findings listed in subsections (A)(a)(b) and (c) of this section. 18.132.030 Hearings Body [Officer] Action on Variance. In granting or denying a variance, the Planning Director or Hearings Body [Officer] shall make a written record of his findings and the facts in connection therewith, and shall describe the variance granted and the conditions designated. The Planning Depart- ment shall keep the findings on file, and a copy of the variance granted and the condi- tion thereof shall be recorded with the County Clerk. 18.132.040 Variance Procedure. The variance application shall be processed according to the terms of Deschutes County Code Title 22, the Uniform Development Procedures Ordinance. Chapter 18.136 AMENDMENTS Sections: 18.136.010 Authorization to Initiate Amendments 18.136.020 Procedure for Zoning Amendments 18.136.030 Rezoning Standards [18.136.040 Rezoning to EFU or FU Classification] [18.136.050 Rezoning of EFU Lands Unsuitable for Farm Use] 18.136.060 Record of Amendments 18.136.010 Authorization to Initiate Amendments. An amendment to the text of this ordinance or to a zoning map may be initiated by the Board of County Commissioners or by application of a property owner. The request by a property owner for an amendment shall be accomplished by filing an application on forms provided by the Planning Department. 18.136.020 Procedure for Zoning Amendments. Action on proposed zoning text or map amendments shall proceed according to the terms of Deschutes County Code Title 22, the Uniform Development Procedures Ordinance. The Planning Director or Hearings Body [Officer] shall conduct the initial hearing on both legislative and quasi-judicial rezonings. 18.136.030 Rezoning Standards. The applicant for a quasi-judicial rezoning must establish that the public interest is best served by rezoning the property. Factors to be demonstrated by the applicant are: A. That the change conforms with the Comprehensive Plan, and the change is consistent with the Plan's introductory statement and goals. B. That the change in classification for the subject property is consistent with the 151 C106 14'72 purpose and intent of the proposed zone classification. C. That changing the zoning will presently serve the public health, safety and welfare considering the following factors: a. The availability and efficiency of providing necessary public services and facilities. b. The impacts on surrounding land use will be consistent with the specific goals and policies contained within the Comprehensive Plan. D. That there has been a change in circumstances since the property was last zoned, or a mistake was made in the zoning of the property in question. (Ord. 83-065 § 1, 1983) [18.136.040 Rezoning to EFU or FU Classification. A. For one year after the acknowledgment of this ordinance by the Oregon Land Conservation and Development Commission, any person applying to rezone at least 20 acres of land, inclusive of roads, right-of-way to other property, to an EFU or FU classification from some other zone shall, in lieu of any other burden of proof requirement contained in County Code Title 22, the Uniform Development Procedures Ordinance, make the following showing: (Ord. 86-032 § 1, 1986) a. Rezoning to EFU. The applicant must establish that the land which is the subject of the application is currently employed in farm use as defined in ORS 215.203(2). This showing may be made either by establishing that the subject land is currently taxed as unzoned farm land under ORS 308.370(2), or by other evidence establishing that the land is currently in farm use as defined by ORS 215.203(2). Such evidence includes, but is not limited to, current aerial photographs in the county's files or a certificate of the County Assessor or an authorized member of the Assessor's staff. The applicant shall also show conformance of the proposed re -zoning with the Comprehensive Plan, and that the site touches or is contiguous with an EFU Zone. b. Rezoningto o FU. The applicant must establish that the land that is the subject of the application is currently in forest use. This may be done by showing that the subject land is currently receiving a special timber tax assessment or by other evidence showing that the land is currently in forest use. Such evidence of forest use includes, but is not limited to, current aerial photographs from the county's files or a certificate by the County Assessor or an authorized member of the Assessor's staff. The applicant shall also show conformance of the proposed rezoning with the Comprehensive Plan, and that the site touches or is contiguous with an FU Zone. B. The provisions of this section shall not apply to land having a zoning classification of EFU or FU at the time of application. C. All lots for which rezoning is complete under this section shall meet the minimum lot size requirements of the zoning classification being sought. D. For a one-year period following the date that this ordinance is duly adopted, the rezonings permitted by subsection (A) of this section may be applied for and processed by the Planning Director or Hearings Body. The procedural requirements of Deschutes County Code Title 22, the Uniform Development Procedures Ordinance, shall not be imposed on rezoning applications allowed by this section until one year after the date that this ordinance is duly adopted. If the sufficiency of this evidence submitted in support of a rezoning application allowed by subsection (A) is questioned by the Planning Director or Hearings Body, the issue shall be determined by the Hearings Officer pursuant to County Code Title 22.] (Ord. 86-032 § 1, 1986) [18.136.050 Rezoning of EFU Lands Unsuitable for Farm Use. A. Rezoning of Certain Lands from EFU to MUA-10. Due to the fact that the 152 0106 1473 entire county has not been completely mapped as to soil type, the legislative finding is made that certain lands zoned EFU may not have the potential for agricultural production necessary to afford the owner an economical use if the land is zoned EFU if the units in contiguous ownership are too small to be useful for grazing purposes. It is found that 320 acres of grazing land in contiguous ownership without any water rights or well can provide a minimal economic use. Accordingly, for one year after the acknowledgment of this ordinance by the Oregon Land Conservation and Development Commission, the owner of a parcel or contiguous units of ownership as defined by ORS Chapter 92, West of Range 15, East of the Willamette Meridian totaling less than 320 acres in EFU zoning inclusive of roads and easements of access to other property, may apply for rezoning to MUA-10, and shall be required to satisfy only the following burden of proof in lieu of any other requirement contained in County Code Title 22.] (Ord. 86-032 § 1, 1986) [a. The rezoning is consistent with the Comprehensive Plan; and b. That the rezoning to MUA-10 will not interfere with any existing neighboring agricultural use, regardless of the existing zoning on such neighboring land; and C. That the land has a Soil Conservation Service Capability that is the subject of the application predominantly consisting of soils in Classification VI or VII, or is not classified; and d. If subsection (c) is satisfied, that the land that is the subject of the application predominantly consists of soils in Agricultural Soil Conservation Survey Classification VI or VII, or is unclassified; and e. If subsection (d) is satisfied, and the County Assessor finds that the land subject to the application predominantly consists of soils in Grade VII or VIII, as determined by the Oregon Department of Revenue Methods Manual, section on Mass Appraisal of Farm and Ranch Properties, or is not graded; and f. The land is not classified under any of (c), (d) or (e), a testing method approved by the Planning Director or Hearings Body and executed by a certified soil scientist discloses that the soil consists predominantly of Class VII under the Soil Conservation Service Capability Classification System. g. That the land does not have sufficient water rights or existing water supply to allow farm use, as defined in ORS 215.203(2).] 18.136.060 Record of Amendments. All amendments to the text or map of this ordinance shall be filed with the County Clerk. 153 006 1474 Chapter 18.140 ADMINISTRATIVE PROVISIONS Sections: 18.140.010 Administration 18.140.020 Decisions 18.140.030 Appeals 18.140.040 Forms of Petitions, Applications and Appeals 18.140.050 Public Hearing 18.140.060 County Environmental Health Approval 18.140.070 Filing Fees 18.140.080 Revocation 18.140.090 Lot Size Requirements 18.140.010 Administration. The Planning Director or Hearings Body shall have the power and the duty to adminis- ter the provisions of this ordinance. The Board may appoint designees to issue zoning permits and to otherwise assist the Planning Director or Hearings Body in the processing of applications. 18.140.020 Decisions. Approval or denial of an application for a use permitted by this ordinance shall be based upon and accompanied by a statement that explains the criteria and standards relevant to the decision, states the facts relied upon in rendering the decision and explain the justifi- cation for the decision based on the criteria, standards and facts set forth. 18.140.030 Appeals. Appeals shall be as prescribed in Deschutes County Code Title 22, the Uniform Develop- ment Procedures Ordinance. (Ord. 86-032 § 1, 1986) 18.140.040 Forms of Petitions, Applications and Appeals. Petitions, applications and appeals provided for in this ordinance shall be made on forms provided by the county. Applications shall be accompanied by plans and specifications, 154 0106 1475 drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the size and locations on the lot of all existing and proposed structures, the intended use of each structure, the number of individuals, if any, to be accommodated thereon, the rela- tionship of the property to the surrounding area and such other information as needed to determine conformance with this ordinance. 18.140.050 Public Hearings. Public hearings shall be as prescribed in Deschutes County Code Title 22, the Uniform Development Procedures Ordinance. (Ord. 86-032 § 1, 1986) 18.140.060 County Environmental Health Approval. No zoning permit shall be issued for any use or structure which will have an individual sanitary subsurface disposal system until written approval is obtained by the applicant for said system from the County Environ- mental Health Division. 18.140.070 Filing Fees. An application required by this ordinance shall be accompanied by a filing fee in the amount set by order of the Board of County Commissioners. 18.140.080 Revocation. The Planning Director or Hearings Body [Officer] may revoke or modify any permit granted under the provisions of this ordinance on one or more of the following grounds: A. A permit may be revoked on the basis of fraud, concealment, misrepresentation or inaccurate information supplied on the application or offered by the applicant or his representative at a public hearing. B. A permit may be revoked on the basis that the use for which such permit was granted is not being exercised within the time limit set for the by the Planning Director or Hearings Body [Officer] or this ordinance. C. A permit may be revoked on the basis that the use for which such permit was granted has ceased to exist or has been sus- pended for one year or more. D. A permit may be revoked or modified on the basis that the use for which the permit was granted was so exercised as to be detrimental to the public health, safety or welfare, or in such a manner as to constitute a nuisance. E. Any permit granted pursuant to this ordinance shall become null and void if not exercised within the time period specified in such permit or, if no time period is specified in the permit, within one year from the date of approval of said permit. The Planning Director or Hearings Body [Officer] shall hold a public hearing on any proposed revocation after giving written notice to the permittee and other affected persons as set forth in Deschutes County Code Title 22, the Uniform Development Procedures Ordinance. The Planning Director or Hearings Body [Officer] shall render his decision within 45 days after the conclusion of the hearing. Appeals from the action of the Planning Director or Hearings Body [Officer] shall be filed in the manner provided in Deschutes County Code Title 22, the Uniform Development Proce- dures Ordinance. (Ord. 86-032 § 1, 1986) 18.140.090 Lot Size Requirements. Except as otherwise provided in this ordi- nance, the minimum lot sizes required by this ordinance shall be met for each use estab- lished on an area of land. (Ord. 84-023 § 5, 1984) 155 0106 1476 Chapter 18.144 GENERAL PROVISIONS Sections: 18.144.010 Interpretation 18.144.020 Severability 18.144.030 Remedies 18.144.040 Violation Declared a Nuisance 18.144.050 Infraction 18.144.060 Repeal 18.144.070 Repeal of Ordinances as Affecting Existing Liabilities 18.144.080 Corrections 18.144.090 Enactment, Emergency Declared 18.144.010 Interpretation. Where the conditions imposed by a provi- sion of this ordinance are less restrictive than comparable conditions imposed by any other provisions which are more restrictive, the more restrictive shall govern. 18.144.020 Severability. The provisions of this ordinance are sever- able. If any section, sentence, clause or phrase of this ordinance is adjudged by a court of competent jurisdiction to be invalid, the decision shall not effect the validity of the remaining portions of the ordinance. 18.144.030 Remedies. In case a building or other structure is, or is proposed to be, located, constructed, main- tained, repaired, altered or used, or any land is or is proposed to be used in violation of this ordinance, the Board of County Commissioners or a person whose interest in real property in the county is or may be affected by the violation may, in addition to other remedies provided by law, institute injunction, mandamus abatement, or other appropriate proceedings to prevent, temporar- ily or permanently enjoin, abate, or remove the unlawful location, construction, mainte- nance, repair, alteration or use. When a temporary restraining order is granted in a 156 6106 147'7 suit instituted by a person who is not exempt from furnishing bonds or undertakings under state law, the person shall furnish an under- taking as provided in ORS 32.010 to 32.060. 18.144.040 Violation Declared a Nuisance. The location, erection, construction, mainte- nance, repair, alteration or use of a building or structure or the subdivision, partitioning or other use of land in violation of this ordi- nance is declared a nuisance. 18.144.050 Infraction. The location, erection, construction, mainte- nance, repair, alteration or use of a building or structure or the subdivision, partitioning or other use of land in violation of any provision of this ordinance is a Class A infraction. (Ord. 83-026 § 1, 1983) 18.144.060 Repeal. Deschutes County Zoning Ordinance PL -15 and all amendments thereto are hereby repealed. 18.144.070 Repeal of Ordinances as Affecting Existing Liabilities. The repeal of any ordinance by this ordi- nance shall not release or extinguish any penalty, forfeiture or liability incurred under such ordinance, unless a provision of this ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustain- ing any proper action or prosecution for the enforcement of such penalty, forfeiture or liability. 18.144.080 Corrections. This ordinance may be corrected by order of the Board of County Commissioners to cure editorial and clerical errors. 18.144.090 Enactment, Emergency Declared. An emergency is hereby declared and this ordinance shall be and is hereby declared to be in full force and effect on and after the date of its enactment by the Board of County Commissioners. 157 0116 1478