HomeMy WebLinkAbout91-029REVIEWED
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91-24840
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF .bESCHUTES COUNTY ORAMK COUNSEL
ORDINANCE NO. 91-029
WHEREAS, the City of Bend proposed a zone text amendment for
outdoor promotional events and for revisions to the definitions listed
above, and Title 19 needs to be consistent with the Bend City Code; and
WHEREAS, notice of hearing was given in accordance with law; and
WHEREAS, the Bend Urban Area Planning Commission (Planning
Commission) held a hearing on the zone text amendments on June 24,
1991; and
WHEREAS, the Planning Commission recommended that the zone text
amendments be approved; therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Section 19.04.040, Definitions, of Title 19 of the
Deschutes County Code, the Bend Urban Growth Boundary Zoning Ordinance,
as amended, is further amended to add the following definition:
Outdoor Promotional Event. An on-site outdoor sales or
promotional event conducted in the parking lot or other outdoor
area relating to a retail store or shopping mall. Such events are
allowed only in the CH, CL, and CG zones and are subject to
conditions under those zones.
Section 2. Section 19.44.020, "Permitted uses", is amended to read as
follows:
The following uses are permitted in the CL Zone, subject to the
provisions of Chapter 19.76 (unless otherwise noted):
A. Existing residential uses without any increase in density.
B. Ambulance service. Kt r CHER
g91
1 - ORDINANCE NO. 91-029
0107
0635
An Ordinance Amending Title 19 of the
*
Deschutes County Code, Bend Urban
Growth Boundary Zoning Ordinance, as
Amended, a Zone Text Amendment to
establish provisions for outdoor
promotional events within the CL
Limited Commercial, CH, Highway
Commercial, and CG, General Commercial
Zones, and to amend the definitions of
street, frontage, and lot line front,
*
;,
and Declaring an Emergency.
ORDINANCE NO. 91-029
WHEREAS, the City of Bend proposed a zone text amendment for
outdoor promotional events and for revisions to the definitions listed
above, and Title 19 needs to be consistent with the Bend City Code; and
WHEREAS, notice of hearing was given in accordance with law; and
WHEREAS, the Bend Urban Area Planning Commission (Planning
Commission) held a hearing on the zone text amendments on June 24,
1991; and
WHEREAS, the Planning Commission recommended that the zone text
amendments be approved; therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Section 19.04.040, Definitions, of Title 19 of the
Deschutes County Code, the Bend Urban Growth Boundary Zoning Ordinance,
as amended, is further amended to add the following definition:
Outdoor Promotional Event. An on-site outdoor sales or
promotional event conducted in the parking lot or other outdoor
area relating to a retail store or shopping mall. Such events are
allowed only in the CH, CL, and CG zones and are subject to
conditions under those zones.
Section 2. Section 19.44.020, "Permitted uses", is amended to read as
follows:
The following uses are permitted in the CL Zone, subject to the
provisions of Chapter 19.76 (unless otherwise noted):
A. Existing residential uses without any increase in density.
B. Ambulance service. Kt r CHER
g91
1 - ORDINANCE NO. 91-029
C. Antique shop. 0107 0636
D. Appliance sales (household) including minor repairs.
E. Art galleries, libraries and reading rooms.
F. Artist supplies and picture framing.
G. Auto parts sales (new).
H. Automobile sales (new).
I. Bakery, retail.
J. Beauty shop.
K. Bank or other financial institution.
L. Barber shop.
M. Book or stationery store.
N. Clothing store or tailor shop.
O. Clothes cleaning pick-up agency, laundry or dry cleaning or
self-service laundry.
P. Confectionery or delicatessen.
Q. Dairy products, sales only.
R. Drug store, including soda fountain.
S. Dry goods store, millinery shop or dress shop.
T. Florist shop.
U. Food store, health food store.
V. Frozen food locker, excluding wholesale storage.
W. Furniture store, home furnishings store.
X. Garden supply store.
Y. Gift shop, notion or variety store.
Z. Hardware store or paint store. (Ord. 88-042 S 13, 1988).
aa. Hobby shop, toy store.
bb. Jewelry store.
CC. Leather goods and luggage.
dd. Musical instruments.
2 - ORDINANCE NO. 91-029
0107 0637
ee. Medical and dental clinic and office.
ff. Motel or hotel.
gg. Office, business or professional.
hh. Pet shop.
ii. Photographic supplies and studio.
jj. Printer.
kk. Radio and television sales and service.
11. Radio and television broadcasting studios and facilities.
mm. Restaurant, bar and cocktail lounge, including entertainment.
nn. Shoe store, shoe repair shop.
oo. Service station.
pp. Upholstery shop.
qq. Planned unit development subject to the provisions of Chapter
19.104.
rr. Technical and business schools.
ss. Accessory buildings customarily appurtenant to a permitted
use.
tt. Day care center facilities.
uu. Business terminal. (Ord. 88-042 S 14, 1988).
vv. Outdoor promotional event, subject to Section 19.44.070(D),
but not subject to the provisions of Chapter 19.76.
Section 3. Section 19.44.070, "Other Required Conditions", is amended
to read as follows:
A. All uses shall be conducted wholly within an enclosed
building, except for off-street parking and loading facilities,
automobile service stations, automobile sales and drive -up
windows.
B. Items produced or wares and merchandise handled shall be
limited to those sold at retail on the premises.
C. In any CL Zone directly across the street from an R Zone, the
parking and loading shall be set back at least 10 feet from the
street right-of-way and said area shall be appropriately
landscaped along the residential street frontage to protect the
character of the adjoining residential property. Such landscaping
3 - ORDINANCE NO. 91-029
shall be maintained.
6167 0638
D. outdoor promotional events are subject to the following
conditions.
1. Outdoor promotional events may include tent sales and parking
lot sales limited to merchandise sold retail on-site.
2. The area covered by the promotional event shall not exceed
10% of the required paved parking area.
3. An outdoor promotional event shall not exceed seven days in
length and no more than 6 events shall be held during the
calendar year, at any site or parcel.
4. Signs and displays shall meet the current sign ordinance.
Section 4. Section 19.52.020, "Permitted Uses", is amended to read as
follows:
The following uses are permitted, subject to the provisions of
Chapter 19.76 (unless otherwise noted):
A. Existing residential uses, without any increase in density.
B. Ambulance service.
C. Any permitted uses in the CL Zone.
D. Bank, office and financial institution.
E. Auto sale lot (including truck sales as part of a car
agency), provided all repair work is within an enclosed building.
F. Automobile parts sales, automobile repair (major), tire sales
(including recapping), battery sale and repair, all to be
conducted within an enclosed building.
G. Automobile service station subject to standards of Chapter
19.88.
H. Carwash facilities.
I. Carpenter, electrical, plumbing, sheet metal, welding,
electroplating, heating and sign shops, auto and furniture
upholstery shops, printing, publishing and lithography shops and
paint shops operated entirely within an enclosed building.
J. Commercial recreation facilities such as bowling alley,
skating rink, dance hall, but not including golf driving range or
drive-in theater.
K. Equipment sales, service, rental and repair.
L. Grocery store, gift store or souvenir shop.
4 - ORDINANCE NO. 91-029
0107 0639
M. Hotel and motel.
N. Manufactured home, trailer and recreational vehicle sales and
service.
O. Motorcycle sales, service and repair.
P. Restaurant, cafe, refreshment stand, drive-in restaurant,
bar, tavern, club and lodge.
Q. Retail business and service establishment providing home
furnishing, supplies and service for home improvements, including
garden supplies, nurseries, greenhouses, retail lumber yards,
paint and wallpaper, plumbing, heating and electrical sales and
service, drapery, floor covering and tile.
R. Veterinary clinic operated entirely within an enclosed
building.
S. Second-hand store operated within an enclosed building.
T. Places for public assembly, such as churches, meeting halls,
auditoriums, lodges, clubs, fraternal organizations and
mortuaries.
U. Public buildings and public utility structures as may be
appropriate to the CH Zone.
V. Commercial off-street parking lot.
W. Planned unit development subject to Chapter 19.104.
X. Radio and television broadcasting studios and facilities.
Y. Laundry and dry cleaning establishment.
Z. Monument sales, retail.
aa. Accessory uses and buildings customarily appurtenant to a
permitted use.
bb. Technical and business schools.
CC. Day care center facilities.
dd. Bus terminal. (Ord. 88-042 S 21, 1988).
ee. outdoor promotional event, subject to Section 19.52.070(C) or
(D) of this Code, but not subject of the provisions of Chapter
19.76.
Section 5. Section 19.52.070, "Other Required Conditions", is amended
to read as follows:
A. All business, service, repair, processing, storage or
5 - ORDINANCE NO. 91-029
. 0107 0640
merchandise display on property abutting or across the street from
a lot in an R Zone, shall be conducted wholly within an enclosed
building unless screened from the R Zone by a site -obscuring fence
or wall not less than 6 feet, nor more than 8 feet in height.
Said fence or wall shall not extend into a required front yard
area.
B. Motor vehicle, boat or trailer rental, sales or storage lot
shall be drained and surfaced with pavement, except in those
portions of the lot maintained as landscaped areas.
C. Any outdoor promotional event at enclosed shopping malls of
200,000 square feet or more retail space is subject to the
following conditions:
1. outdoor promotional events may include a circus,
carnival or display of large specialty items such as:
cars, boats, recreational vehicles, manufactured homes,
or similar items not for sale at the shopping mall.
2. outdoor promotional events shall not exceed seven days
in length per event. A shopping mall shall not have
more than 10 such promotional events per year.
3. The area used for outside promotional events shall not
exceed 10$ of the required paved parking area plus 10$
of any extra parking spaces.
4. Itinerant merchants are subject to Section 19.88.270 of
the County Code.
5. Signs and displays shall meet the current sign
ordinance.
D. Any outdoor promotional event at sites other than enclosed
shopping malls are subject to the following conditions:
1. outdoor promotional events may include tent sales and
parking lot sales for merchandise not sold retail
on-site.
2. outdoor promotional events shall not exceed seven days
in length.
3. No more than 10 such events may occur in a calendar
year, at any site or parcel.
4. The promotional event shall not exceed 10% of the
required paved parking area.
5. Signs and displays shall meet the current sign
ordinance.
6. Itinerant merchants are subject to Section 19.88.270 of
the County Code.
6 - ORDINANCE NO. 91-029
0107 0641
Section 6. Section 19.56.020 is amended to read as follows:
The following uses are permitted in the CG Zone subject to the
provisions of Chapter 19.76:
A. Any use permitted in the CL Zone.
B. Wholesale business, storage, warehousing, transfer company
and trucking company.
C. Truck sales, service and repair.
D. Public buildings and public utility structures and service
yards.
E. Contractor's office and equipment storage yard and rental of
equipment commonly used by contractors.
F. Major automotive repair and towing services, provided all
storage is conducted within a building or within a sight -obscuring
fence.
G. Carpenter, electrical, plumbing, sheet metal, welding,
electroplating, heating and sign shops, auto and furniture
upholstery shops, printing, publishing and lithographing shops and
paint shops operated entirely within an enclosed building.
H. Cold storage plant, including storage and offices.
I. Bakery, creamery, soft drink bottling plant, laundry, dry
cleaning, dying or rug cleaning.
J. Feed, seed and fuel stores conducted wholly within a
completely enclosed building.
K. Secondhand store.
L. Planned unit development subject to the provisions of Chapter
19.104.
M. Accessory uses and buildings customarily appurtenant to a
permitted use, such as incidental storage, are permitted.
N. Bus terminal. (Ord. 88-042 S 24, 1988).
O. Outdoor promotional event, subject to Section 19.56.070(C),
but not subject to the provisions of Chapter 19.76.
Section 7. Section 19.56.070, "Other Required Conditions", is amended
to read as follows:
A. All business, service, repair, processing, storage or
merchandise display on property abutting or across the street from
a lot in an R Zone, shall be conducted wholly within an enclosed
building unless screened from the R Zone by a site -obscuring fence
7 - ORDINANCE NO. 91-029
0107 0642
or wall not less than 6 feet, nor more than 8 feet in height.
Said fence or wall shall not extend into a required front yard
area.
B. Motor vehicle, boat or trailer rental, sales or storage lot
shall be drained and surfaced with pavement, except in those
portions of the lot maintained as landscaped areas.
C. Any outdoor promotional event is subject to the following
conditions:
1. outdoor promotional events may include tent sales and
parking lot sales for merchandise not sold retail
on-site.
2. Promotional events shall not exceed seven days in
length.
3. No more than 10 such events may occur in a calendar
year, at any site or parcel.
4. The promotional event shall not exceed 10% of the
required paved parking area.
5. Signs and displays shall meet the current sign
ordinance.
6. Itinerant merchants are subject to Section 19.88.270 of
the County Code.
Section 8. Section 19.04.040, "Definitions", is amended to revise the
definition of "Street" as follows:
Street: A public thoroughfare or right of way other than an
alley, dedicated, deeded or condemned for such use and private
thoroughfare or access easements which are used for vehicle travel
[other than an alley, which affords the principal means of access
to abutting property] including avenue, place, way, drive, lane,
boulevard, highway, road and any other thoroughfare.
Section 9. Section 19.04.040, "Definitions", is amended to revise the
definition of "Frontage" as follows:
Frontage: That portion of a parcel of property which abuts a
dedicated public street or highway or an approved private [way]
street.
Section 10. Section 19.04.040, "Definitions", is amended to revise the
definition of "Lot Line, Front", as follows:
Lot Line, Front: The property line abutting a street. Corner
lots and thorough lots may have two or more front lot lines.
Section 11. 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.
8 - ORDINANCE NO. 91-029
0107 0643
DATED this ` day of , 1991.
BOARD OF COUNTY COMMISSIONERS OF
D7�ESCH1�
UTE COUNTY, OREGON
TO TH P, mmiss' ne
ATTE Yom/ k--,
NANCY P GES, Commiss oner
Recording Secretary DI LIN, Ch irman
9 - ORDINANCE NO. 91-029