HomeMy WebLinkAboutPL11TABLE OF CONTENTS
PL -11
BEND URBAN GROWTH BOUNDARY ZONING ORDINANCE
Section Number 249e _Number
1.
Title . . .
. . . . . .
1
2.
Purpose . . . . . . . . . . . . .1
. . . . .
3.
Compliance With Ordinance Provisions . . . .
2
4.
Definitions . . .
. . . . ,
2
5.
Classification of Zones . . . . . . . . . .
24
6.
Application of Regulations to Zones Generally
25
7.
Zoning Map . . . . . . . . . . . . . . . . .
25
8.
Interpretation of Zoning Boundaries . . .,®
26
9.
Repealed by Ordinance No. 80-217
10.
Urban Area Reserve Zone - U -10 . . . . . .
26
11..
Surface Mining Zone - SM Zone . . . . . . . .
29
12.
Suburban Low Density Residential
SR 2 1/2 Zone . . . . . . .34
. . .
13.
Urban Low Density Residential Zone - RL Zone
37
14.
Urban Standard Residential Zone -V RS Zone .
39
15.
Urban Medium Density Residential Zone
RMZone
. . . . . . . . .
43'
16,
Urban High Density Residential Zone - RH Zone
46
17.
Neighborhood Commercial Zone - CN Zone . . .
49
18.
Limited Commercial Zone - CL Zone . . . . . .
51
18A.
Convenience Commercial Zone - CC Zone . . .
55
19,
Highway Commercial Zone - CH Zone
59
19A.
General Commercial Zone - CG Zone63
. . . .
1 - TABLE OF CONTENTS - PL -11
Section Number Page
Number
20.
Industrial Park Zone - IP Zone . . . . . . .
65
21.
Light Industrial Zone - IL Zone . . . . . . .
68
22.
General Industrial Zone - IG Zone . . . . . .
72
23.
Flood Plain Combining Zone - FP Zone . . . .
74
24.
Site Plan Review . . . . . . . . . . . . . .
82
25.
off -Street Parking and Loading . . . . . . .
87
25A.
Special Setback Provisions on Certain Streets
95
26.
Provisions Applying to Special Use Standards
96
27.
Interpretations and Exceptions . . . . . . .
126
28.
Nonconforming Uses . . . . . . . . . ... ...
131
29.
Conditional Use Permits . .. . . . . . . . . .
132
30.
Planned Unit Development Approval . . . . . .
135
31.
Variances . . . . . . . . . . . . . . . . . .
138
32.
Revocation of Permits or Variances . . . . .
140
33.
Amendments . . . . . . . . . . . . . . . .
140
34.
Appeals . . . . . . . . . . . . . . . . . . .
143
35.
Procedures . . . . . . . . . . .`® . . . .
143
36.
Enforcement and Penalties . . . . . . . . . .
143
37.
Land for Public Purposes . . . . . . . . . .
145
38.
Severability and Validity . . . . . . . . . .
145
39.
Emergency Clause . . . . . . . . . . . . . .
146
40.
. . . . . . . . . . . . . . . . . . . . . . .
146
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Establishing
Zoning Regulations, Providing
Penalties For the Violation ordinance o. PL -11
Thereof, and All Amendments
Thereto.
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
TITLE, PURPOSE, COMPLIANCE AND DEFINITION5
Section 1. TITLE. This Ordinance shall- known as the
"Zoning Ordinance" of the Bend Urban Area of Deschutes County,
Oregon.
Section 2. PURPOSE.
1. This Ordinance has been designed in accordance with the
goals, policies and statements of intent of the Bend Area
General Plan, the officially enacted comprehensive plan for
the City of Bend and its environs. It is the general pur-
pose of this Ordinance, therefore, to provide one of the
principal means for implementation of the Bend Area General
Plan.
2. This Ordinance is designed to classify, designate and regu-
late the location and use of buildings, structure and land
for residential, commercial, industrial or other uses in
appropriate places and for said purposes; to divide the Bend
Urban Area into districts of such number, shape and area s
may be deemed best suited to carry out these regulations and
provide for their enforcement; to encourage the most appro-
priate use of lands; to conserve and preserve natural re-
sources, to conserve and stabilize the value of; to provide
adequate open spaces for light and air and prevention of
fire; to prevent undue concentrations of population; to
lessen congestion of streets; to facilitate adequate provi-
sions for community utilities, such as transportation,
water, sewerage, schools, parks and other public require-
ments; and to promote the public health, safety and general
welfare.
To regulate placement, height and bulk of buildings, and the
placement and growth of vegetation within the County to
insure access to solar energy by reasonably regulating
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 policies relating to solar energy.
1 - ORDINANCE NO. PL -11
a�
To encourage the design of new buildings, structures and
developments which use solar energy and protect future
options to use solar energy by protecting solar access.,
(Amended by Ordinance No. 83-041.)
• •-rI •-,
1. Except as provided in Section 24 of this Ordinance, no
building of other _ be i •. improved,
altered, enlarged or moved, nor shall any use or occupancy
of premises within the.Bend Urban Area be commenced to be
changed, nor shallany conditionof or • • - property
Ordi-
nance, except in conformity• ans prescribed or
each of the several zones established hereunder, provided
however, that no use for which site plan approval pursuant
to Section 24 is required herein.
2• Any application for land use permit received prior to the
adoption of this Ordinance which has not received prelimi-
nary approval by the effective date hereof, shall comply
with this Ordinance. Applications for land use permit for
which preliminary approval notices have been mailed on or
before the effective date hereof need not comply with this
Ordinance, but shall comply with the City and County Zoning
Ordinances which this Ordinance supercedes. This Ordinance
supercedes County Zoning Ordinance PL -5 and the Zoning
Ordinance of the City of Bend, NS -796 on the date this
Ordinance is adopted by the governing bodies of the County
and City, respectively.
Section 4. DEFINITIONS, As used in this Ordinance, words
in the present tense include the future; the singular number
includes the plural and the plural number includes the singular,-
unless
ingular;unless the context clearly indicated the contrary, the word
"shall" is mandatory and not discretionary; the word "may" is
permissive; the masculine gender includes the feminine and
neuter; and the term "this Ordinance" shall be deemed to include
the text of this Ordinance and accompanying zoning maps and all
amendments hereafter made thereto. As used in this Ordinance,
unless the context requires otherwise, the following words and
phrases shall mean:
1. Abuttin• „ Adjoining with a common boundary
that where • or more lots adjoin only at • _
corners, they shall not be considered as abutting unless the
common property line between the two parcels measures not
less than eight feet in a single direction.
2. Access or Access Way. The place, means or way by which
pedestrians and vehicles shall have safe, adequate and
usable ingress and egress to, through or past a property or
use as required by this Ordinance.
3. Accessory Structure or Use. A structure or use incidental,
appropriate and subordinate to the main structure or use on
the same lot.
t Adjacent. Near,- example,,
streetustrial Zone
across the Residential Zone shall
be conside
- .-
"Adjacent".
5. Adjoin. __
6. Alley. A public way not more than 20 feet wide affording
only secondary means of access to abutting property.
7. Altered. See "Structural Alteration".
8. Animal Hospital. A place where animals or pets are given
medical or surgical treatment and are cared for during the
time of such treatment. Use as a kennel shall be limited to
short -time boarding and shall be only incidental to such
hospital use.
Apartment.9. -multiple-familybuilding.
• . Applicant. SeeDeschutes CountyOrdinance • i
11.
11. Application For • - • -
iCounty
Zoning Ordinance «82-011.
11A. Area of Special Flood Hazard. The land in the floodplain
within Bend subject to a one percent or greater chance of
flooding in any given year. Designation on maps always
includes the letters A or V. (Amended by Ordinance
No. 88-042.)
12. Assessor. The County Assessor of Deschutes County.
13. Aircraft. Any vehicle designed or used for flight through
the air and capable of carrying goods or people.
14. Airport. Any area of land or water
intended be used for the landing and taking off of air-
craft,
15. Automobile, Boat or Trailer Sales Lot. An open lot used for
display, sales or rental of new or used motor vehicles,
boats or trailers in operative condition and where no repair
work is done.
16. Automobile Repair, Major. The general repair, rebuilding or
reconditioning of engines, motor vehicles or trailers;
collision service, including body, frame or fender straight-
ening or repairs; or overall painting or paint shop.
17. Automobile Repair, Minor. Upholstering of, replacement of
parts for and motor service to passenger cars and trucks not
exceeding one and one half tons capacity, but not including
any operation named under "Automobile Repair, Majors' or any
other similar operation thereto.
18. Automobile Service Station or Filling Station. An esta-
blishment where bulk sales, fuels, oils or accessories for
motor vehicles are dispensed, sold or offered for sale at
retail only, and where repair service is secondary.
19. Automobile Towing. An establishment where emergency towing
equipment is kept along with incidental, temporary and minor
storage of vehicles and emergency repairs.
20. Automobile Wrecking. The dismantling or disassembling of
motor vehicles or trailers, or the storage, sale or dumping
of dismantled, partially dismantled, obsolete or wrecked
vehicles or their parts. Two or more dismantled, obsolete
or inoperable motor vehicles or parts thereof exposed to the
public on one lot shall constitute a wrecking yard. to
20A. Babysitter. A person who provides day care services for
children in the home of the babysitter for not more than
five children for eight or more hours in a 24-hour period as
a home occupation. (Amended by Ordinance No. 88-042.)
21. 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. (Amended by Ordinance
No. 86-058.)
21A. Base Flood. The flood having a one percent chance of being
equalled or exceeded in any given year. Also referred to as
the 11100 -Year Flood." Designation on maps always includes
the letters A or V. (Amended by Ordinance No. 88-042.)
21B. Bed and Breakfast Inn. A single-family dwelling unit where
lodging and meals are provided, for compensation, in which
no more than two (2) guest rooms are provided for no more
than six (6) travelers or transient guests. A guest shall
not rent for a time period longer than fifteen (15) consecu-
tive nights. (Amended by Ordinance No. 88-042.)
22. 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.
(Amended by Ordinance No. 86-058.)
23. Basement. A mad -made space wholly or partly underground and
having more than one-half of its height, measured from its
floor to its ceiling, below the average adjoining finished
grade.
24. Bend Urban Area. That area lying inside the adopted Bend
Urban Growth Boundary and outside the City of Bend bound-
aries.
25. Board. See "County Commission".
26. Boardincf or Lodging House. A dwelling or part thereof,
other than a hotel or motel or multiple -family dwelling,
where lodging with or without meals is provided, for compen-
sation, for three or more persons.
27. Boat Yard. A place where boats are constructed, dismantled,
stored, serviced or repaired including maintenance work
thereon.
28. Buildin . Any structure built and maintained for support,
shelter or 'enclosure of persons, animals, chattels or prop-
erty of any kind meeting the requirements of State Struc-
tural Specialty Code and Fire and Life Safety Code. (Amend-
ed by Ordinance No. 80-217.)
28A. Building, Height. The vertical distance from the average
contact ground level of the building to the highest point of
the building. (Amended by Ordinance No. 88-042.)
29. Building Line. A line parallel to the lot line and passing
through the most forward point of plane of a building.
30. Building Lot. A lot occupied or intended to be occupied by
a principal building or a group of such buildings and acces-
sory buildings, together with such open spaces as are re-
quired by this Ordinance, and having the required frontage
on a street and setbacks.
31. Buildincf, Main. A building within which is conducted the
principal use permitted on the lot as provided in this Ordi-
nance.
32. Building Official.
County, Oregon.
The Building Official of Deschutes
33. Bulk Distribution for
fuels or other volatile products and for their distribution
to retail sales facilities or other bulk purchasers, regard -
of ownership.
34. Car Wash. A lot on which motor vehicles are washed or waxed
either by - patron or others,• machineryspecially
designed for the purpose.
35. Church. A permanently located building commonly used for
religious worship, fully enclosed with walls (including
windows and doors) and having a roof (canvas or fabric
excluded) and conforming to applicable legal requirements
affecting design and construction.
36. City. The City of Bend, Oregon, including the following:
City Commission, City Engineer, City Manager, City Recorder -
Treasurer.
37. Clinic. A place for group medical services not involving
overnight housing of patients.
38. Club. An association of persons (whether or not incorpor-
ated), religious or otherwise, for a common purpose, but not
including groups which are organized primarily to render a
service carried on as a business for profit.
. Community Buildincr. A building used for and operated by a
non-profit organization whose membership is open to any
resident of the zone, neighborhood or community in which the
club is located; provided that the primary objectives of the
organization are the improvement of the zone, neighborhood
or community and its social welfare and recreation.
4. Community Storage Area. A facility established in accor-
dance with City and/or County standards, designed to provide
for the temporary or permanent storage of boats, campers,
trailers and similar recreational vehicles or equipment, and
serving two or more unrelated persons.
41. Community Water System. A domestic water supply source or
distribution system which serves or is designed to serve
more than three single residences or other users for the
purpose of supplying water for household uses, but is
neither a municipal water system nor a public utility water
system, and must have legal financial provisions for long-
term operation and maintenance.
42. Community Sewage System. A sewage disposal system which
serves or is designed to serve more than ten single resi-
dences or other users for the purpose of disposing of house-
hold liquid wastes, but is neither a municipal nor a public
6 - ORDINANCE NO. PL -11
utility sewage disposal system, and must be approved by the
appropriate government agency and must have legal financial
provisions for long-term operation and maintenance.
43. Comprehensive Plan. The duly adopted Bend Area General
Pla-c.
44. condominium. A type of residential development utilizing
zero lot lines, individual ownership of units and common
ownership of open spaces and other facilities, and which are
regulated, in part, by state law (ORS 91.657). (Amended by
Ordinance No. 80-217.)
45. Conduit. Any tunnel, canal, pipeline, aqueduct, flume,
ditch or similar man-made structure which is or may be used
to convey water. (Amended by Ordinance No. 86-017.)
46. conservation Easement. A non -possessory interest in real
property conveyed by the property owner to the County,
imposing limitations or affirmative obligations concerning
the use of the property. The purposes of a conservation
easement include, but are not limited to, retaining or
protecting natural, scenic or open space values, public
access, protecting natural resources, maintaining or enhanc-
ing air and water quality and preserving the historical,
archaeological or cultural aspects of the property.
(Amended by Ordinance No. 86-055.)
47. Contested Case. Proceedings in which the legal rights,
duties or privileges of specific parties under the County
zoning ordinance, subdivision ordinance or other similar
ordinances regulating land use are required to be determined
only after a hearing and/or public input at which specific
parties are entitled to appear and be heard.
48. contiguous -Land. Parcels of land under the same ownership
which abut each other.
49. Countv. Deschutes County, Oregon.
50. County Commission. The Deschutes County Board of Commis-
sioners.
51. Court. An open, unoccupied space, other than a yard, on the
same lot with a building or group of buildings.
52. Curb Level. The level of the established curb in front of
the building measured at the center of such front. Where no
curb has been established, the County engineer shall esta-
blish such level or its equivalent.
53. Dam. Any man-made structure which is or may be used to AWL
impound water. (Amended by Ordinance No. 86-017.)
54. Day Care Center or Facility. An agency, organization or
individual providing daytime care of six or more children
not related by blood, marriage to, or not the legal wards or
foster children of the attendant adult. (Nursery.)
55. Density. The number of residential dwelling units per acre
of land or the amount of land area expressed in square feet
of land assignable to each dwelling unit in a residential
development, including, but not limited to, one house on one
lot, shall be computed as follows® the gross area of land
within the development; less the total aggregate area dedi-
cated for streets, private parks and recreation facilities
dedicated or created as an integral part of the development;
divided by the total number of dwelling units in the pro-
posed development; equals the density. Density shall run
with the land in a specific development and cannot be sold,
loaned or otherwise divorced or separated from the specific
development under consideration.
56. Destination Resort. A largely self-contained facility
offering recreational opportunities for permanent residents
and seasonal visitors, catering to members and guests.
Minimum area for a destination resort is 160 acres. (Amend-
ed by Ordinance No. 0-217.)
56A. Development. Any man-made change to improved or unimproved
real estate, including but not limited to, buildings or
other structures, mining, dredging, filling, paving, excava-
tion or drilling operations located with the area of special
flood hazard. (Amended by Ordinance No. 88-042.)
57. Districts. When used herein, shall refer to zones, unless
obviously to the contrary.
58. Diversion. Any man-made structure which is or may be used
to deflect or divert water from a river or stream into a
conduit. (Amended by Ordinance No. 86-017.)
59. Dude Ranch. A ranch operated wholly or in part as a resort
offering horse -back riding and related activities as outdoor
recreation opportunities and offering only temporary rental
accommodations for vacation use by nonresidents. (Amended
by Ordinance No. 88-042.)
60. Dwelling. A building or portion thereof designed or used as
the residence or sleeping place of one or more persons.
A. Dwelling, Single -Family. A building designed or used
for residence purposes by not more than one family and
8 - ORDINANCE NO. PL -11
containing one dwelling unit only, except for mobile
homes as defined herein; also excluding such temporary
structures such as tents, teepees, travel trailers and
other similar uses.
B. Dwelling, Two -Family or Duplex. A building designed or
used for residence purposes by not more than two fami-
lies and containing two
• units.
C. Dwelling, Multiple -Family. A building or portion
thereof designed or used as a residence by three or
more families and containing three or more dwelling
units.
61. Dwelling Unit. One room, or a suite of two or more rooms,
designed for and used by one family or housekeeping unit for
living and sleeping purposes and having not more than one
kitchen or kitchenette.
62. 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.
63. Exempt Vegetation. A tree or oth-
. ..
ompanying a solar access permit application
to cast existing shade on a protected area. (Amended by
W Ordinance No. 83-041.)
64. Existing. Existing at the time of application. (Amended by
Ordinance • 83-041.)
65. Family. An individual, or two or more persons related by
blood, marriage, adoption or guardianship, living together
in a dwelling unit in which board or lodging may also be
provided for not more than two additional persons, excluding
servants; or a group of not more than five persons who need
not be related by blood, marriage, adoption or guardianship
living together in a dwelling unit.
66. Farm Use. The current employment of land, including that
portion of such lands under buildings supporting accepted
farming practices, for the purpose of obtaining a profit in
money by raising, harvesting and selling crops, or by the
feeding, breeding, management and sale of, or the produce
of, livestock, poultry, fur -bearing animals or honey bees,
or for dairying and the sale of diary products, or any other
agricultural or horticultural use or animal husbandry, or
any combination thereof. "Farm use" includes the prepara-
tion and storage of the products raised on such land for
man's use and animal use, and the disposal by marketing or
otherwise. It does not include the use of the land subject
to the provisions of ORS Chapter 321, or to the construction
9 - ORDINANCE NO. PL -11
ily
•use..• dwellings provided conjunction
with the farm use. "Current employment" of land for farm
use includes:
A. Land subject to the soil -bank provisions of the Federal
Agricultural Act of 1956, as amended (P. L. 85-540, 70
B. Land lying fallow for one year as a normal and regular
requirement of good agricultural husbandry; and
O. Land planted in orchards or other perennials prior to
maturity.
As used in this subsection, "accepted farming practice"
means a mode of operation that is common to farms of a
similar nature, necessary for the operation of such farms to
obtain a profit in money, and customarily utilized in con-
junction with farm use.
Any structure, pen or corral wherein cattle, horses, sheep,
goats, swine or other similar animals are maintained in
close quarters for the purpose of fattening such livestock
for final shipment to market or for breeding.
67. Fence, Sight Obscuring. A fence or planting arranged in
such a way to obstruct vision throughout the year.
68. Fish Passage Device. Any man-made structure which is or may
be used to enable fish to pass over a dam to move upstream.
(Amended by Ordinance No. 86-017.)
69. Fish Protection Device. Any man-made structure, such as a
fish screen, which is or may be used to prevent fish from
entering into or passing through conduits, penstocks and
other water -conducting structures or devices connected to a
hydroelectric facility. (Amended by Ordinance No. 86-017.)
70. Flood or Flooding. A general and temporary condition of
partial or complete inundation of normally dry land areas
from:
A. The overflow of inland or tidal waters, and/or
B. The unusual and rapid accumulation of runoff
surface waters from any source. (Amended by Ordi-
•'
71. Flood Hazard Area. The relatively flat area or lowland
adjoining the channel of a river, stream, other watercourse,
lake or reservoir which has been or may be covered by a base
flood.
MOMPX4631
71A. Flood Insurance Rate Map (FIRM). The official map on which
the Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones
applicable to the community. (Amended by Ordinance
No. 88-042.)
71B. Flood Insurance Study. The official report.-. by the
Federal - Administration
files, the Flood Boundary-Floodway Map and the water surface
elevation of the base flood. (Amended by Ordinance
88-042.)
71C. Floodway. The channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the
water surface elevation more than one foot. (Amended by
Ordinance No. 88-042.)
72. Floor Area. The area included in surrounding walls of a
building or portion thereof, exclusive of vent shafts and
courts, including the garage.
73. Frontage. That portion of a parcel of property which abuts
a dedicated public street or highway or an approved private
way.
40 74. Grade (Ground Level). The average elevation 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 level.
75. Garage, Private. An accessary building or portion of a main
building used for the parking or temporary storage of vehic-
les owned or used by occupants of the main building.
76. Garage, Public. A building other than a private garage used
for the care and repair of motor vehicles or where such
vehicles are parked or stored for compensation, hire or
sale.
77. Guest House. An accessory building used for the purpose of
providing temporary living accommodations for guests, or for
members of the same family as that occupying the main struc-
ture, and containing no kitchen or kitchenette facilities.
Hearings78.
BoardCounty Planning Commission, county Legal Counsel and County
of Commissioners.
79. Hearing, Initial. See Deschutes County Ordinance No.
82-011. (Amended by Ordinance No. 86-033.)
11 - ORDINANCE NO. PL -11
Sf,, Hearincts-Officer. See Deschutes • Ordinance No.
82-011. (Amended by Ordinance No. 86-033.)
81. 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 roofs.
8. Highest Shade Producing Point. The highest shade producing
Dint of the structure two hours before and after the solar
zenith December 21. (Amended y Ordinance 83-041.)
8. Home Occupation. A use conducted entirely within a dwell-
ing, which use is clearly incidental and secondary to the
use of the dwelling for dwelling purposes and with the con-
ditions of subsection (14) of Section 26.
84. Hospital. Any institution, place, building or agency which
maintains and operates organized facilities for 20 or more
persons for the diagnosis, care and treatment of human
illness, including convalescence and care during and after
pregnancy, or which maintains and operates organized facili-
ties for any such purpose, and to which persons may be
admitted for overnight stay or for a longer period.
Hotel.85. . or portion thereofmore than five
sleeping rooms designed or used for occupancy of individuals
who are lodged, with or without meals, and in which no
provision is made for cooking in any individual room or
86. Human Resource Facility. A facility under the control of
and financed by a unit of government or religious, philan-
thropic, charitable or non-profit organization and devoted
to the housing, training or care of children, the aged,
indigent, handicapped or underprivileged, including places
of detention or correction.
87. Hydroelectric Facility. All aspects of any project or
development necessary for or related to the generation of
hydroelectric energy, including, but not limited to, con-
duits, dams, diversions, fish ladders and screens, genera-
tors, impoundments, penstocks, turbines, transmission facil-
ities and related buildings, structures, storage areas,
access roads, parking areas and surrounding and adjacent
lands which are necessary for or related to the facility.
(Amended by Ordinance No. 86-017.)
88. Impoundment. Any man-made structure which is or may be used
to impound water. (Amended by Ordinance No. 86-017.)
11
89. Junk Yard. A place where waste, discarded or salvaged
materials are stored, bought, sold, exchanged, baled,
packed, disassembled or handled, including auto wrecking
yards, house wrecking yards, used lumber yards and places or
yards for storage of salvaged house wrecking and structural
steel materials and equipment; but not including such places
where such uses are conducted entirely within a completely
enclosed building, and not including pawn shops and estab-
lishments for the sale, purchase or storage of used furni-
ture and household equipment, used cars in operative condi-
tion or salvaged materials incidental to manufacturing
operations.
90. Fennel. Any premises where four or more dogs, cats or other
small animals or any combination thereof at least four
months of age, are kept commercially or permitted to remain
for board, propagation, training or sale, except veterinary
clinics and animal hospitals.
91. Land Use Action. See Deschutes County Ordinance No. 82-011.
(Amended by Ordinance No. 86-033.)
92. Landscaping. The term "landscaping"includes
patios,ees, grass, bushes, shrubs, flowers and garden areas and
incidental arrangements of fountains, decks,furniture and ornamental concrete or stoneworkareas,.
nd
artificial turf or carpeting, but excludes
plants, bushes, shrubs or flowers.
93. Livestock. Animals of any kind kept or raised for sale,
resale, agriculture field production or pleasure.
94. Livestock Feeding Yard. An enclosure designed or used for
the purpose of concentrated feeding or fattening of live-
stock for commercial slaughter.
95. Livestock Sales Yard. An enclosure or structure designed or
used for holding livestock for purposes of sale or transfer
by auction, consignment or other means.
96. Loading Space. An off-street space within a building or on
the same lot with a building, for the temporary parking of a
commercial vehicle or truck while loading or unloading
merchandise or materials and which space has direct access
to a street or alley.
97. Lot. A parcel of land used or capable of being used under
the regulations of this Ordinance, lawfully created as such
in accordance with the subdivision laws or ordinances in
effect at the same time of this creation.
13 - ORDINANCE NO. PL -11
within the
•8. Lot A - - • horizontal area contained
lot lines; said area shall be computed as gross area for
lots larger than 2.5 acres and net area for lots 2.5 and
smaller. The total horizontal net area within lot lines of
a lot is that square footage of a lot that is free from
roads, streets, rights-of-way or easements of access to
other property, provided; however,e Planning
... •
tor shall include in gross lot areas all streets, roads and
easements of access to other property that would accrue to
that lot if the road, street or easement were vacated, and
shall treat the gross areas of lots that have never been
previously described of record as other than fractions of a
section as if the section contained 640 acres, in cases
where a lot is sought to be partitioned.
99. Lot Corner. A lot abutting upon two or more streets at
their intersection, or upon two parts of the same street,
such streets or parts of the same street forming an interior
angle of less than 135 degrees within the lot line.
100. Lot Coverage. That percentage of the total lot area covered
by structures as herein defined.
101. Lot Depth. The horizontal distance between the front and
the rear lot lines. In the case of a corner lot, the depth
shall be the length of the longest front lot line.
102. Lot, Interior. A lot or parcel of land other than a corner
lot.
IFIRM iiiiiiiiiiiiiil�m�� 111111111 111! 11: � 1111111111111
ow
104. Lot Line, Front. The property line abutting a street.
105. Lot Line, Rear. A lot line not abutting a street which is
opposite and most distant from the front lot line. In the
case of an irregular or triangular-shaped lot, a lot line 10
feet in length within the lot parallel to and at the maximum
distance from the front lot line.
106. Lot Line, Side. Any lot line not a front lot line or a rear
lot line.
107. Lot of Record. A lot held in separate ownership as shown on
the records of the County Cleric at the time of the passage
of an ordinance or regulation establishing the zone in which
the lot is located, legally created pursuant to law at that
time.
108. Lot, Through. An interior lot having a frontage on two
streets and/or highways.
14 - ORDINANCE NO. PL -11
109. Lot Width. The horizontal distance between the side lot
lines measured within the lot boundaries or the mean dis-
tance between the side lot lines within the buildable area.
In the case of a corner lot, lot width shall mean the mean
horizontal distance between the longest front lot line and
the opposite lot line not abutting the street.
109A.Lowest Floor. The lowest floor of the • enclosed area
(including basement). An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than a basement area, is
not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in
violation of the applicable non -elevation design require-
ments of Section 23(7). (Amended by ordinance No. 88-042.)
110. Maintain. To cause or allow to continue in existence. When
the context indicates, the word shall mean to preserve and
care for a structure, improvement, condition or area to such
an extent that it remains attractive, safe and presentative,
and carries out the purpose for which it was installed,
constructed or required.
111. Mobile Home. A detached single-family dwelling unit with
all of the following characteristics:
A. Designed for long-term occupancy and containing sleep-
ing accommodations, flush toilet, a tub or •
• kitchen faces, with plumbing and electrical
connections provided for attachment to outside systems.
B. Designed to be transported after fabrication on its*own
wheels or modular home on flatbed or other trailers on
detachable wheels.
C. Arriving at the site where it is to be occupied as a
dwelling, complete, ready for occupancy except for
minor and incidental unpacking and assembly operations,
location on foundation supports, connection to utili-
ties and the like.
D. Does not conform to the Oregon State Structural Code
defined in ORS 456.750, subsection 9, or standards fo
prefabricated structures as defined in ORS 456.750(6)l.
112. Mobile Home Subdivision. A subdivision designed and
intended for residential use where residence is in mobile
home. (Amended by ordinance No. 80-217.)
113. Mobile Home Park. Any place where four or more mobile homes
are located within 500 feet of one another on a lot, tract
or parcel of land under the same ownership, the primary
purpose of which is to rent space or keep space for rent to
any person for a charge or fee paid or to be paid for the
rental or use of facilities, or to offer space free in
connection with securing the trade or patronage of such a
person.
114. Modular Home. See "Prefabricated House".
115. - group of buildings used for transient
or residential purposes containing guest rooms or dwelling
units with automobile storage space provided in connection
therewith; which building ! group designed, .. -.
use• primarily _ • the accommodation of transient• n • • -
travelers, including groups designated as auto cabins, motor
courts, motor hotels
• similar
t- designations.
'••
116. Municipal Water Supply System. A domestic water supply
source and distribution system owned and operated by a city
or county, or owned and operated by a special district or.
other public corporation which has independent tax -levying
powers to support the system and which supplies water to a
total of 1,000 or more households.
117. Nonconformina Use. A use of land or of a building or struc-
ture, which use lawfully existed at the time of the adoption
of this Ordinance, or of any amendment thereto, but which
use does not conform with the use regulations imposed by
this Ordinance or such amendment thereto.
118. Northern Lot Line. For the purposes of Section 5.300,
Building Setbacks for the Protection of Solar Access, the
northern 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 unbuildable area, in which case
northern lot line means the northerly edge of the buildable
area. (Amended by Ordinance No. 83-041.)
119. Nursing Home. Any home, institution or other structure
maintained or operated for the nursing and care of four or
more ill or infirm adults not requiring hospital care or
hospital facilities.
120. O.R.S. CORS). Oregon Revised Statutes.
121. QjMer. The owner of record of real property as shown on the
tax rolls of Deschutes County, or a person purchasing a
piece of property under contract. For the purposes of this
Ordinance in terms of violations and binding agreements
between the County and the owner, the word "owner" shall
also mean a leaseholder, tenant or other person in posses-
sion or control of the premises or property at the time of
16 - ORDINANCE NO. PL -11
the agreement or violation of agreement or the provisions of
this Ordinance.
122. Parking Area, Public. An open area, other than a street or
other public way, used for the parking of automobiles and
available to the public whether for a fee, free or as an
accommodationfor - or •
f-23. Parking Space. A durable and dustless, permanently surfaced
and marked area, excluding paved area necessary for access,
for parking•a motor vehicle.
124. Party.SeeDeschutesCounty Ordinance No.
125. Penstock. Any conduit or other structure which is or may be
used to convey water to the driving mechanism of the genera-
tor. (Amended by Ordinance No. 86-017.)
126. Permit. See Deschutes County Ordinance No. 82-011.
127. Permittee. The person who is proposing to use or who is
using the land pursuant to any permit required herein.
128. Person. See Deschutes County Ordinance No. 82-011.
129. Planning Commission. The Planning Commission of the Bend
Urban Area.
130. Planning Director. The Director of the Deschutes County
Planning Department and his/her delegate.
131. Planned Unit Development. The development of an area of
land as a single entity for a number of units or a number of
uses, according to a plan which does not necessarily corres-
pond in lot size, bulk or type of dwelling, density, lot
coverage or required open space to the standard regulations
otherwise required by this Ordinance. (Amended by Ordinance
No. 80-217.)
132. Potential Structure. For purpose of solar access protec-
tion, 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. (Amended by
Ordinance No. 83-041.)
133. Principal Building. See "Main Building".
134. Principal Use. The primary or predominant use to which the
property is or may be devoted and to which all other uses on
the premises are accessory.
17 - ORDINANCE NO. PL -11
135. Productive Solar Collector. A solar collector that provides
no less than a) 10 percent of a building's annual total
energy requirements, or b) 50 percent of a building's annual
water heating requirements. (Amended by Ordinance No.
83-041.)
136. Protect. Save or shield from loss, destruction or injury or
for • •
137. Protected Area. The specific area which is provided solar
access for specific hours and dates under this Ordinance.
(Amended by Ordinance No. 83-041.)
138. Provide. Prepare, plan for and supply what is needed.
139. Public Works Director. The Director of Deschutes County's
Public Works Department, or the Roadmaster or his/her dele-
gate.
140. Public Utility Water System. A domestic water supply source
and distribution system supplying water for household uses,
owned and operated by a person subject to regulation by the
Public Utility Commissioner of the State of Oregon, and
supplying water to a total of 500 or more households.
141. 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.
142. Ouasi-Judicial. A zoning action entailing application of a
general rule or policy to specific individuals or situa-
tions.
143. Recreational Facility, Private. A recreation facility under
private ownership and operated by a profit or non-profit
organization, open to bona fide members, and providing one
or more of the following types of recreation activity;
tennis, handball, golf, squash, volleyball, racquetball,
badminton and swimming or other similar types of uses.
144. Residential. Any dwelling unit or group of units built or
used for human occupancy.
14A.Residential Care. Services such as supervision; protection;
assistance while bathing, dressing, grooming or eating;
management of money; transportation; recreation and the
providing of room and board. (Amended by Ordinance
No. 88-042.)
144B.Residential Care Facility. A facility that provides resi-
dential care for six or more physically handicapped or
18 - ORDINANCE NO. PL -11
socially dependent individuals and which is licensed by the
State Department of Senior Services. (Amended by Ordinance
•
145. Right -of -Way. The area between the boundary lines of a
• orother_
145A.Roadside Stand. A temporary structure, vehicle or area
designed ... -• for - display . of merchandise •.
the premises 1• . located. (Amended
by Ordinance No. 88-042.)
146. Roadway. That portion of a street or road right-of-way
eloped for vehicular traffic.
147. Scenic Area. Land and other natural features that are
valued for their aesthetic values and appearance.
148. Setback. The minimum allowable horizontal distance from a
given point or line of reference, such as property line, to
the nearest vertical wall or other element of a building or
structure as defined herein.
149.Shade. shadow, except a shadowcaused •a narrow
including but not limited_ utility pole, an antenna, a
wire or a flagpole. (Amended by Ordinance . t.
150. - Plan.
with complete dimensioning, all of the uses proposed for a
specific parcel .land.
151. Solar Access. Protection from shade for a specific area
during specific hours and dates, but not including protec-
tion from shade cast by exempt vegetation. (Amended by
Ordinance No. 83-041.)
152. 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.
(Amended by Ordinance No. 83-041.)
153. Solar Collector. Any object that uses solar radiation for a
useful purpose, including but not limited to windows, walls,
roofs and collectors. (Amended by Ordinance No. 83-041.)
154. Solar Heating Hours. The hours and dates during which solar
access is provided. (Amended by Ordinance No. 83-041.)
155. Solar Height Restriction. The allowable height of build-
ings, structures and non-exempt vegetation on a property
burdened by the solar access of another property. (Amended
by Ordinance No. 83-041.)
156. Street. A public thoroughfare or right-of-way dedicated,
deeded or condemned for use as such, other than an alley,
which affords the principal means of access to abutting
property, including avenue, place, drive, lane, boulevard,
highway, road and any other thoroughfare.
157. Standing, Leqal. See "standing" as defined in Deschutes
County Ordinance No. 8-011. (Amended by Ordinance No.
86-033.)
158. Start of Construction. Means the first placement of perma-
nent construction of a structure (other than a mobile home)
on a site, such as the pouring of slabs or footings or any
work beyond the preparation, such as clearing, grading and
filling. Nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary
forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occu-
pied as.dwelling units or not as part of the main structure.
For a structure (other than a mobile home) without a base-
ment or poured permanent framing or assembly of the struc
ture or any part thereof on its piling or foundations. For
mobile home not within a mobile home park or mobile home
subdivision, "start of construction" means the affixing -of
the mobile home to its permanent site. For mobile homes
within mobile home parks or mobile home subdivisions, "start
of construction" is the date on which the construction of
facilities for servicing the site on which the mobile home
is to be affixed (including, at a minimum, the construction
of streets, either final site grading or the pouring of con-
crete pads and installation of utilities).
159. Structure. Anything constructed or built, any edifice or
building of any kind, or any piece of work artificially
built up or composed of parts joined together in some defin-
ite manner, which required location on the ground or is
attached to something having a location on the ground, in-
cluding swimming and wading pools and covered patios, excep-
ting outdoor areas such as paved areas, driveways, walks and
fences.
160. Structural Alteration. Any change in the supporting members
of a building, such as a bearing wall, column, beam or
girder, floor or ceiling joist, roof rafters, roof dia-
phragms, foundations, piles or retaining walls or similar
components.
161. 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
potential structure. (Amended by Ordinance No. 83-041.)
162. Sunchart. A photograph or photographs taken in accordance
with the guidelines of the Planning Director, which plots
the position of the sun during each hour of the day and each
month of the year relative to a protected area. The sun -
chart shall contain, at a minimum:
A. Solar altitude in 10 degree increments;
B. Solar azimuth measured from true south in 15 degree
increments. -
C. If the solar collector is more than 20 feet wide, the
southern skyline as seen from the two end points and
from the center point of the lower edge of the pro-
tected area; and
D. A clear delineation of the existing objects which cast
shadows on the protected area, including hills, struc-
tures and deciduous and evergreen vegetation. (Amended
by Ordinance No. 83-041.)
163. Surface mining. Includes all or any part of the process of
mining minerals by the removal of overburden and extracting
of natural mineral deposits thereby exposed by any method by
which more than 50 cubic yards of minerals are extracted or
by which at least one acre of land is affected within a
period of 12 consecutive calendar months, including open -pit
mining refuse, the construction of adjacent or off-site
borrow pits (except those constructed for use as access
road), the quantity or area specifications set forth herein
or when such activities affect more than one acre of land
for each eight acres of land prospected or explored; or
other similar materials conducted by the landowner or tenant
for the primary purpose of construction, reconstruction, or
maintenance of access roads and excavation or grading opera-
tions conducted in the process of farming or cemetery opera-
tions, on-site road construction or other on-site construc-
tion or underground mines; and excluding rock, gravel, sand,
silt or similar substances removed form the beds or banks of
any waters of this state pursuant to permit issued under ORS
541.605 to 541-660. (Reclamation of Mining Lands, ORS
517.750 to Number 12.) (Amended by Ordinance No. 80-217.)
164. 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 consideration, receives a right to use
the dwelling unit, lot or parcel for a period of time
21 - ORDINANCE NO. PL -11
less than a full year during any given year, but not
necessarily for consecutive years, which extends for a
period of more than three years; or
B. A dwelling or unit, lot or parcel created into inter-
ests sold under an agreement to be subsequently divided
or created into interests for the purpose of sale or
lease or other similar arrangement as set out in sub-
paragraph A above; whether immediate or future, into
eleven or more undivided interest or eleven or ore
other interests, or any other similar arrangement of
interests in the dwelling unit, lot orarcel.
ed by Ordinance No. 83-045.) (Amend -
165. Trailer Park. (Recreation Vehicle Park) A
parcel
upon which two or more trailers occupied fordwelling land
sleeping purposes are located, regardless of whether a
charge is made for such accommodations. (Amended by Ordi-
nance No. 80-217.)
166. Transmission v--jilit . The conductors, lines
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. (Amended by Ordinance No. 86-017.)
167. Travel Trailer. A travel trailer means a "camping vehicle"
as defined by Oregon Revised Statutes, which is either a
vacation trailer or a self-propelled vehicle or structure
equipped with wheels for highway use and which is intended
for human occupancy and is being used for vacation and
recreational purposes, but not for residential
is equipped with plumbing, sink and toilet. purposes, and
168. Unbuildable Area. An area in which a structure could not be
built as a permitted use under existing development stan-
dards for the area under the existing Deschutes County
Comprehensive Plan. (Amended by Ordinance No. 83-041.)
169. Use. The purpose for which land or a structure is designed
arranged or intended, or for which it is occupied or main-
tained. '
170® Utility Facilit'® Any
electric facilities major structures, excluding hydro-
, ownor by a public, private
or
y ro-
or cooperative electric,efuel,aperated communications, sewage or
private
water company for the generation, transmission, distribution
or processing of its products or for the dispersal of cooling
water, waste or by-products, and includin
sion lines, major trunk pipelines substations, power transmis-
towers, sewage lagoons, sanitary landfills andsimilrwater
® facilities, but excluding local sewer, water, gas, telephone
22 ORDINANCE NO. PL -11
and power distribution lines
•similarminor
facilitiesallowed in any zone.
(Amended !Ordinance •
171. Visual Obstruction. Any fence,
hedge,
heightwall or structure exceeding 2 1/2 feet in elevation of the top of the above
• or ground
•i
the Planning Director .i • ! located
.•
limittion as to dangerously
motor vehicles on saidstreetor
include trees
•trimmed • • _
'• least to a :111 ' � - _ g ' .
eight
172. Wetland. Those areas that are inundated or saturated by
surface or ground water at a frequency or duration suffi-
cient 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. (Amended by Ordi-
nance No. 86-058.)
173. Winter Solar Heatin Hours. The time period extending two
hours before and after the solar zenith on December 21.
(Amended by Ordinance No. 83-041.)
174. Yard. Means an open space on a lot which is unobstructed
from the ground upward, except as otherwise provided in this
Ordinance. In determining the required yard for properties
abutting the Deschutes River, the edge of the river shall be
determined by the ordinary high-water mark which shall be
the mark on the Deschutes River that will be found by
examining the banks and ascertaining where the presence and
action of waters are so common as to mark upon the soil a
character distinct from that of the abutting upland, in
respect to vegetation, as that condition existed on April 1,
1976, or as it may naturally change after; provided that in
any area where the ordinary high-water mark cannot be found,
the ordinary high-water mark adjoining the Deschutes River
shall be the line or mean high-water or as determined by the
County Planning Commission on evidence submitted by the
applicant and other agencies.
175. Yard, Front. An open space extending the full width of the
lot between a building and the front lot line, unoccupied
and unobstructed from the ground upward, except as specified
elsewhere in this Ordinance. Distances referred to through-
out this Ordinance shall constitute building setback re-
quirements.
176. Yard. Rear. An open space extending the full width of the
lot between a building and the rear lot line, unoccupied and
unobstructed from the ground upward, except as specified
elsewhere in this Ordinance.
23 - ORDINANCE NO. PL -11
177® Yard, Side® An open space extending from the front yard to
the rear yard between a building and the nearest side lot
line, unoccupied and unobstructed from the ground upward,
except as specified elsewhere in this Ordinance.
177A.Zero Lot Line Subdivision or Partition® A type of residen-
tial subdivision or partition utilizing zero lot lines
between dwelling units and providing for individual owner-
ship of each lot® (Amended by Ordinance No® 88-042®)
178. Zone® A portion of the territory f the Bend Urban Area of
Deschutes County within which certain uniform regulations
and requirements or various combinations thereof apply under
the provisionsof this ordinance.
A. Where certain uses are required to be a specified
distance from "any R zone" as provided in this Ordi-
nance, the term "any R zone" shall include any RS, RM
or RH zone.
B. The term "any C zone" shall
include any CN, CC, CL, CG,
CH or CB zone.
C. The term "any I zone" shall
include any IP, IL or IG
zone®
ESTABLISHMENT OF ZONES AND ZONING MAPS
Section 5® CLASSIFICATION OF ZONES® For the purpose of
this Ordinance, the Bend Urban Area is
divided into zones desig-
nated as follows:
Map Symbols and
Zone
Abbr. Designations
Urban Area Reserve
UAR-10
surface Mining
SM
Residential - Suburban Low Density
SR - 2 1/2
Residential - Urban Low Density
RL
Residential - Urban Standard Density
RS
Residential - Urban Medium Density
RM
Residential - Urban High Density
RH
Commercial - Neighborhood
CN
commercial - Convenience
CC
Commercial - Limited
CL
Commercial - Highway
CH
Commercial - General
CG
Industrial - Park
Ip
Industrial - Light
IL
Industrial - General
IG
Flood Plain
Fp
(Amended by Ordinance No® 80-217®)
24 - ORDINANCE NO. PL -11
Section 6. APPLICATION OF REGULATIONS TO ZONES GENERALLY.
Except as hereinafter otherwise provided:
1. No building or part thereof or other structure shall be
erected, altered, added to or enlarged, nor shall any land,
building, structure or premises be used for any purpose or
in any manner other than is included among the uses herein-
after listed as permitted in the zone in which such build-
ing, land or premises is located.
2. No building or part thereof or structure shall be erected,
reconstructed or structurally altered to exceed in height
the limit hereinafter designated for the zone in which such
building is located.
3. No building or part thereof or structure shall be erected,
nor shall any existing building be altered, enlarged, re-
built or moved into any zone, nor shall any open space be
encroached upon or reduced in any manner except in conform-
ity with the yard, setback, building location, site area and
coverage requirements hereinafter prescribed for the zone in
which such building or open space is located.
4. No yard or other open space provided about any building or
on any building lot for the purpose of complying with the
provisions of this ordinance shall be considered as pro-
viding a yard or other open space for any other building or
any other building lot.
• 7. ZONING MAP.
1. The location and boundaries of the zones designated in
Section 5 are hereby established as shown on the map en-
titled "Zoning Map of the Bend Urban Area" dated with the
effective date of this ordinance and signed by the County
Commissioner hereinafter referred to as the "Zoning Map".
2. The signed copy of said Zoning Map is maintained on file in
the office of the County Clerk and hereby made a part of
this Ordinance. Any revisions or replacements of said map,
when duly entered, signed and filed with the County Recorder
as authorized by subsection (3) of Section 7, are a part of
this Ordinance.
3. When the zoning of any area is changed by the County Commis-
sion in the manner prescribed by this Ordinance, the Plan-
ning Director shall cause the Official Zoning Map to be
revised so that it accurately portrays said change, and
shall endorse on the map adjacent to said revision, the
number of the ordinance by which the change of zone was
affected, provided that failure to so revise the said map'
to shall not effect the validity of any zone change. The
25 - ORDINANCE NO. PL -11
County Commission may, from time to time, direct the Plan-
ning Director to replace the Official Zoning Map, or portion
thereof, with a map which includes all lawful changes of
zone and City boundaries to date. Such map, or portion
thereof, filed as a replacement, shall bear the number of
the ordinance authorizing same and shall bear the dated,
authenticating signatures of the County Commission. Any
map, or portion thereof, thereby replaced, shall be retains
in a separate file by the County Clerk.
Section 8. INTERPRETATION OF ZONING BOUNDARIES. In making
a determination where uncertainty exists as to boundaries of any
of the aforesaid zones as shown on said Zoning Map, the following
les shall apply:
1. Where zone boundaries approximately follow streets allevs
or highways. Where zoning boundaries are indicated as
approximately following the centerline or right-of-way line
of streets, alleys or highways, such lines shall be con-
strued to be such zoning boundaries.
2. Vacation of public ways. Whenever any street, alley or
other public way is vacated in the manner authorized by law,
the zone district adjoining each side of such street, alley
or public way shall be automatically extended to the center
of the former right-of-way and all of the area included in
the vacation shall then and henceforth be subject to all
regulations of the extended zones.
3. Where boundaries approximately follow lot lines. Where zone
boundaries are indicated as approximately following lot
lines, such lines shall be construed to be said boundaries.
If a zone boundary divides a lot into two or more zones, the
boundary shall be determined by using the scale of the map
and measuring the distance from the property line or dis-
tances specified on the map.
(Section 9 repealed by Ordinance No. 80-217.)
Section 10. URBAN AREA RESERVE ZONE - UAR-10.
1. Purpose. To serve as a holding category and to provide
opportunity for tax differentials as urban growth takes
lace elsewhere in the planning area, and to be preservedas
long as possible as useful open space until needed for
orderly growth.
2. Permitted Uses. The following uses are permitted:
A. Farm uses as defined in this Ordinance.
B. Single-family dwelling.
C
C. Home occupation subject to subsection (14) of Section
26.
D. other accessory uses and accessory buildings and struc-
tures customarily appurtenant to a permitted use sub-
ject to subsection (2) of Section 27.
E.
Day care center facilities subject to site review
Section 24 and Section 26(16).
F.
Manufactured homes meeting the standards of section 28
of this Ordinance as Class A manufactured homes and
located in a parcel of five (5) acres or larger in
size. (Amended by Ordinance No. 88-042.)
3. Conditional Uses. The following conditional uses may be
permitted subject to a conditional use permit and the provi-
sions
of Section 29 and Section 24.
A.
Dude or guest ranch.
B.
Commercial riding stable subject to subsection (2) of
Section 26.
C.
Livestock sales yard.
D.
Commercial livestock feeding yard.
E.
Mining, quarrying or other extraction, processing or
refining of ore of other natural resource material
subject to subsection (10) of Section 26.
F.
Cemeteries and mausoleums, crematories, columbariums
and mortuaries within cemeteries provided that no
mortuary or crematorium is within 100 feet of a bound-
ary street, or where no street borders the cemetery
within 200 feet of a lot in a residential zone and
subject to subsection (3) of Section 26.
G.
Churches.
H. Community buildings, lodge and fraternal organizations,
except those carried on as a business for profit.
I. Public, parochial and private schools, but not includ-
ing business, dancing, trade, technical or similar
schools.
J. Parks and recreation facilities, fire stations, librar-
ies, museums, but not including storage or repair
yards, warehouses or similar uses.
27 - ORDINANCE NO. PL -11
K. Recreation facility, public or private, but no includ-
ing such intensive commercial recreation uses as a race
track or amusement park.
L. Utility substations or pumping stations with no equip-
ment
ipment storage and sewage treatment facilities subject to
subsection (12) of Section 26.
M. Manufactured homes meeting the standards of Section.28
of this Ordinance as a Class A manufactured home and
located on a parcel of less than five (5) acres in
size. (Amended by Ordinance No. 88-042.)
N. Kennel or animal hospital subject to Section 26(2).
O. Planned unit development subject to Section 30.
(Amended by Ordinance No. 80-217.)
P. Destination resort. (Amended by Ordinance No. 80-217.)
Q. A plant nursery subject to Section 26(18). (Amended by
Ordinance No. 81-006.)
R. Time-share unit or the creation thereof, subject to
subsection (23) of Section 26. (Amended by Ordinance
No. 83-045.)
S. Hydroelectric facility subject to subsection (19) of
Section 26. (Amended by Ordinance No. 86-017.)
4. Height Regulations. No building or structure shall be
hereafter erected, enlarged or structurally altered to
exceed 30 feet in height.
5. Lot Requirements. The following requirements shall be
observed:
A. Lot Area. Each lot shall have a minimum area of ten
acres.
B. Lot Width. Each lot shall have a minimum average width
of 300 feet with a minimum street frontage of 150 feet.
C. Front Yard. The front yard shall be a minimum of 50
feet from the existing street right-of-way line or the
ultimate street right-of-way as adopted on the Compre-
hensive Plan or Official Map, except that any lot of
record less than one acre in size lawfully created
prior to (effect date of this Ordinance) shall have a
minimum front yard of 30 feet.
D. Side Yard. There shall be a minimum side yard of ten
feet.
E. Rear Yard. There shall be a minimum rear yard of fifty
feet.
Solar Setback. The solar setback shall be as pre-
scribed in subsection (21) of Section 26. (Amended by
Ordinance No. 83-041.)
i. Off -Street Parking. Off-street parking shall be provided as
required in Section 25.
7. Other Re fired Conditions. See Section 28 applying to
special uses where applicable.
Section 11. SURFACE MINING ZONE - SM ZONE. In an SM Zone,
the following regulations shall apply:
1. Purpose. The purpose of the Surface Mining Zone is to allow
the extraction of surface mining materials needed by the
community while protecting the health and safety of adjoin-
ing residents and uses.
2. Uses
Permitted Outright. In the SM Zone, the following uses
and
their accessory uses are permitted outright subject to
the
provisions of this chapter:
A.
Extraction of all materials, sand, gravel, rock, cin-
ders, pumice, topsoil, fill material (including select
fill) and any other mineral or aggregate material.
B.
Crushing, processing, washing and sizing located at
least one-half mile from a residential area.
C.
Caretakers residence.
D.
Buildings, structures, apparatus, equipment and appur-
tenances necessary for these uses to be carried on.
E.
Sale of products produced from the site.
3. Conditional Uses Permitted. In an SM Zone, the following
uses and their accessory uses are permitted when authorized
in accordance with the provisions subject to Section 24 and
29:
A. ore smelter using materials from the site subject to
stringent pollution controls.
B. Crushing, processing, washing and sizing when located
within one-half mile of a residential dwelling.
29 - ORDINANCE NO. PL -11
C. Other related activities using materials found primar-
ily on the site, such as concrete batching plants and
mineral refining plants, when within one-half mile of a
residential dwelling.
D. Landfills when a written tentative approval by DEQ is
submitted with the conditional use application.
E. Utility facility.
F. Hydroelectric facility, in accordance with Sections 26
and 23 of this Ordinance. (Amended by Ordinance No.
86-017.)
4. Dimensional Standards. In an SM Zone, the following dimen-
sional standard shall apply:
A. The minimum lot size shall be as determined by the
Planning Director to be necessary for the protection of
the public health, safety and welfare.
5. Use Setbacks.
A. Uses within an SM Zone shall maintain a 100 foot set-
back from the property line when adjacent to a residen-
tial dwelling.
B. Three hundred foot setback shall be maintained from the
property lines adjoining roads that are in Landscape
Management Areas as defined in the Comprehensive Plan,
as well as from any stream or lake.
C. Solar Setback. The solar setback shall be as prescrib-
ed in subsection (21) of Section 26. (Amended by ordi-
nance No. 83-041.)
6. Site Plan Review. (Not to apply to nonconforming uses as
defined in subsection (14) of this Section.) In an SM Zone,
a use permitted outright or a conditional sue shall be
subject to the provisions of this Section. Before develop-
ment of any new site or expansion of any existing site
beyond the area covered by an existing state or county
permit may begin after the effective date of this Ordinance,
a site plan shall be approved by the Planning Director.
Construction and development of the site shall be in full
conformance with the approved site plan.
7. Site Plan Requirements. A site plan shall provide for the.
following:
C
E
A. A reclamation plan, meeting guidelines and in a format
established by the County and satisfying such addition-
al standards as are set forth herein.
B. A maintenance program. All buildings, structures and
equipment used for the production and processing of
minerals and other materials affected by this Ordinance
shall be maintained in such a manner as to assure that
such buildings, structures and equipment will not
become dilapidated or hazardous. The reclamation plan
shall also address disposition of buildings, structures
and equipment used in production and processing of
minerals and other materials, offices, storage garage
and watchman's house or any remains thereof.
C. Air, water and noise requirements. Air and water
quality and noise level shall be in accordance with the
requirements of state and federal laws and regulations
and County ordinances.
D. A complete description of all planned uses.
E. The Planning Director may require the following at the
time of site plan approval:
0 a. An increase or decrease in required setbacks.
b. Screening of the proposed use, or parts thereof,
by fencing or landscaping.
C. Limitations on lighting.
d. An adequate plan for phased mining and reclamation
of the site.
e. Restrictions on the hours, days and noise levels
of operation.
f. Applicants may be required to provide dust -free
site access roads near residential areas.
g. When SM operations meet the crit-
D-
Director may, in addition, place more stringent
criteria upon the operations in accordance with
subparagraph (8) of this Section.
h. Adequate water supplies to enable landscaping
reclamation and dust control conditions are to be
met.
8. Soecial Requirements Relating to Residential Areas.
A. Unless the applicant can show that the natural topo-
graphy of the site offers sufficient screening of the
site from public view, the exposed side of the opera-
tion shall be screened with landscaped berms, hedges,
walls, fences or similar devices to effectively screen
the site from the public.
B. If necessary, during - site plan review,the Planning
Director may determine that screening requirements are
not economically feasible or physically possible.
C. When an unusually high level of conflict exists off-
site, stock piling and/or processing may be required.
9. Procedure Upon Filing of Site Plan.
A. Each application and site plan shall be reviewed by the
Planning Director for conformance with this Ordinance
and the Comprehensive Plan. The Director shall trans-
mit the application to affected agencies for their
review.
B. Following receipt of the application, the Planning
Director shall notify, in writing, the applicant and
persons and agencies entitled to written notice as
defined in County Ordinance No. 82-011. The Planning
Director may hold a meeting with affected persons and
the applicant to discuss the proposed plan before
making his decision or only request written comments to
be submitted. The entire process leading to a decision
shall not exceed 45 days. (Amended by Ordinance No.
86-033.)
C. a. If after the Planning Director renders his deci-
sion, the applicant or affected persons feels it
necessary, the applicant or affected person may
appeal the decision to the Hearings Officer. If
such a decision is referred to the Hearings offi-
cer, he may at his discretion, either hold a
public hearing and call for public testimony, or
he may determine the case without open public
testimony and hearing be weighing the evidence as
presented by the Planning Director and the appli-
cant and then make a decision. In either case,
the procedure before the Hearings Officer shall
follow the applicable portions of the Procedural
Ordinance, No. 82-011. The Hearings Officer's
decision may be appealed to the Board by the
applicant,. affect person or Planning Director.
(Amended by Ordinance No. 86-033.)
Cl
b® Hearings Officer review, which shall occur when
the site is submitted with a proposed zone change,
shall follow in accordance with County Procedural
Ordinance No® 82-011® (Amended by Ordinance No®
86-033.)
C. The •Director's and/or Hearings Officer's
decision shall be based on the impact of the
proposed use on nearby uses of land, the impact of
traffic on affected streets and roads and the
economic, social and environmental impact on the
community.
d. The Planning Director and/or Hearings Officer
shall approve a site plan only if in conformance
with all applicable regulations, this Ordinance
and the Comprehensive Plan.
10. Approval of Site Plan. (Not to apply to nonconforming uses
as defined in subsection (14) of this Section.)
A. A site plan final approval shall expire 12 months from
the date of approval unless the project has commenced
in accordance with the approved site and reclamation
plans. Upon petition by the original applicant showing
good cause, an extension for an additional 12 months
may be granted by the Planning Director® The operating
approval shall be valid for a period of time specified
by the reclamation plan, except as otherwise limited
therein®
B. The Planning Director or his designate shall review
each approval site plan annually. A reasonable fee for
this inspection shall be paid to the County by the
permittee® Unless a violation of the site plan or
obvious health or safety hazard if found, the permit
shall be renewed. The Planning Director's decision may
be appealed as in subsection (9)(C)(9) of this Section.
11® Bond. A bond or security deposit shall be required of all
applicants, sufficient to cover costs plus 10$ of necessary
road improvements, berming reclamation, landscaping and
other pertinent conditions®
A. If the Planning Director determines that the permittee
is not in compliance with the site plan, he may insti-
tute enforcement proceedings to require such compli-
ance. Enforcement may include citing the permittee to
District Court, injunctive proceedings or enforcement
of the bond provisions®
33 - ORDINANCE NO. PL -11
B. If a permittee fails to faithfully perform the reclama-
tion required by his reclamation plan, or if the bond
or security deposit required by subsection (11) is not
sufficient to compensate the County for all reasonable
necessary expenses incurred by it in performing the
reclamation plan, the amount due shall be a lien upon
all property, whether real or person, owned by the
permittee.
13. Exceptions. This Ordinance shall not apply to the follow-
ing:
A. Excavation or grading operations conducted in the pro-
cess of farming or cemetery operations.
B. Mineral and aggregate activities when assumed by the
Oregon Division of State Lands pursuant to ORS Chapter
541.605 through 541.660.
C. Dredging mineral and aggregate materials administered
by Oregon Division of State Lands pursuant to ORS
Chapter 517.611 through 517.700.
D. Nothing herein shall be construed to supersede the
provisions of the Forest Practices Act (ORS 527.610
through 527.730), as amended by Chapter 400, Section I
of Oregon Laws of 1979 and regulations thereunder which
preempt County law.
14. SM Nonconforming Uses. This Ordinance shall not apply to
uses having a valid state permit upon the date of adoption
of this Ordinance. Expansion of existing uses beyond the
area covered by state or county permit shall be consistent
with this Ordinance.
15. Nuisances. Any use which creates a nuisance shall be re-
viewed by the Planning Director at the time of the citizen
complaint or complaint by Planning Department staff. Such
review shall carry penalties as outlined in Section 12.050
of this Ordinance.
Section 12. SUBURBAN LOW DENSITY RESIDENTIAL ZONE - SR
2 1/2 ZONE.
1. Purpose. To encourage, accommodate, maintain and protect
large lot suburban type residential developments in areas
without community sewer services in suburban areas or in
areas which, because of location and physical characteris-
tics, are well suited for such development.
�1
lcrlllcl�* a �Pwr**Ra
2. Permitted Uses. The following uses are permitted:
A. Single-family dwelling.
B. Farming, excluding the keeping of livestock.
occupationsC. Home - Section
26.
D. Other accessory uses and accessory buildings and struc-
tures customarily appurtenant to a permitted use sub-
ject to subsection (2) of Section 27.
E. Manufactured homes meeting the standards of Section 28
of this ordinance as a Class A manufactured home and
located on a parcel of five (5) acres or larger in
size. (Amended by ordinance No. 88-042.)
3. Conditional Uses. The following conditional uses may be
permitted subject to a conditional use permit as provided in
Section 24 and Section 29:
A.
Churches subject to subsection (4) of Section 26.
B.
Cemeteries and mausoleums, crematories, columbariums
and mortuaries within cemeteries provided that no
mortuary or crematorium is within 100 feet of a bound-
ary street, or where no street borders the cemetery,
within 200 feet of a lot in a residential district and
subject to subsection (3) of Section 26.
C.
Community buildings, lodge and fraternal organizations,
except those carried on a business for profit, and
subject to subsection (5) of Section 26.
D.
Public, parochial and private schools, including nur-
sery schools, kindergartens and day nurseries; but not
including business, dancing, trade, technical or simi-
lar schools subject to subsection (16) of Section 26.
E.
Parks and recreation facilities, fire stations, librar-
ies, museums; but not including storage or repair
yards, warehouses or similar uses.
F.
Recreation facility, public or private; but not includ-
ing such intensive commercial recreation uses as a
racetrack or amusement park.
G.
Utility substations or pumping stations with no equip-
ment storage and sewage treatment facilities subject to
subsection (12) of Section 26.
H. Manufactured homes meeting the standards of Section 28
of this Ordinance as a Class A manufactured home and
located on a parcel less than five (5) acres in size.
(Amended by Ordinance No. 88-042.)
I. Keeping of livestock subject to subsection (7) of
Section 26®
J. Kennel or commercial riding stable subject to subsec-
tion (2) of Section 26.
K. Planned unit developmentsubject to the provisions of
Section 30.
L. Plant nurseries subject to Section 26(18)® (Amended by
Ordinance No. 81-006.)
M. Hydroelectric facility subject to Sections 26 and 29.
(Amended by Ordinance No. 86-017.)
N. Time-share unit subject to subsection (23) of'Section
26. (Amended by Ordinance No. 83-045.)
4® Height Regulations® No building or structure shall ere -
after be erected, enlarged or structurally altered to exceed
30 feet in height®
5 Lot Reguirements. The following lot requirements shall be
observed:
A. Lot Area® Each lot shall have a minimum area of 2.5
acres.
B. Lot Width Each lot shall' be a minimum width of 200
feet®
C. Front Yard® The front yard shall be a minimum of 40
feet.
D. Side Yard. There shall be a minimum side yard on each
side of a building of not less than ten feet.
E. Rear Yard. There shall be a rear yard having a depth
of not less than twenty
SolarF. { : .. esolar shallbe asprescrib-
ed;"•-
Ordinance •
6 Off -Street Parkincr. Off-street parking shall be provided as
required in Section 25.
36 - ORDINANCE NO® PL -11
C
7. Other Required Conditions. See Section 26, applying to
Special Uses, and Section 24.
1. Purpose. The RL Zone is intended to provide large urban
ots for development with a community water system and
individual
.. _ • disposal 1i andwhere
soils
accommodateindividualdisposal t - it .
2. Permitted Uses. The following uses are permitted!
A. Single-family dwelling.
B. Agriculture, excluding the keeping of livestock.
C. Home occupations subject to the provisions of subsec-
tion (14) of Section 26.
D. Other accessory uses and accessory buildings and struc-
tures customarily appurtenant to a permitted use sub-
ject to subsection (2) of Section 27.
3. Conditional U- _
. The following conditional uses may be
permitted subject ..... a conditionaluse permit
Sectionsions of -
ction 29.
A. Mobile home subdivision subject to standards in subsec-
tion (11) of Section 26.
B. Churches subject to subsection (4) of Section 26.
C. Cemeteries and mausoleums, crematories, columbariums
and mortuaries within cemeteries provided that no
mortuary or crematorium is within 100 feet of a bound-
ary street, or where no street borders the cemetery,
within 200 feet of a lot in a residential district and
subject to subsection (3) of Section 26.
D. Public, parochial and private schools, including
nursery schools, kindergartens and day nurseries;
including business, dancing, trace, technical or
similar schools subject to subsection (1) of Section
6.
E. Parks and recreation facilities, fire stations, libra-
ries, museums; but not including storage or repair
yards, warehouses or similar uses.
37 - ORDINANCE NO. PL -11
F. Recreation facility, including country clubs, golf
courses, swimming clubs, tennis clubs; but not - Includ-
ing such intensive commercial recreation uses - as""a:
racetrack or amusement park.
G. Utility substations or pumping stations with no equip-
ment storage or sewage treatment facilities..
H. Planned unit developments subject to provisions of
Section 30.
I. Temporary subdivision tract offices.
J. Community buildings, lodge and fraternal organizations,
except those carried on as a business for profit and
subject to subsection (5) of Section 26.
K. Keeping of livestock subject to subsection (7) of
Section 26.
L. Moving in a single-family dwelling built prior to
January 1, 1961.
M. Mobile home park subject to subsection (8) of Section
26.
N. Duplex on a lot of 408000 square feet or larger.
O. Plant nurseries subject to subsection (18) of Section
26. (Amended by Ordinance No. 81-006.)
P. Time-share unit or the creation thereof, subject to
subsection (23) of Section 26. (Amended by Ordinance
No. 83-045.)
Q. Hydroelectric facility, in accordance with Section 29
and subsection (19) of Section 26. (Amended by Ordi-
nance No. 86-0,17.)
4. Height Regulations. No building or structure shallbe
hereafter erected, enlarged or structurally altered to
exceed 30 feet in height.
5. Lot Reauirements. The following lot requirements shall be
observed, provided that the Hearings Body or Planning Direc-
tor may allow smaller lots or different housing types in a
new subdivision approved pursuant to this Ordinance and
consistent with the Comprehensive Plan designation for
preservation of forested areas or significant rock outcrop-
pings when these lots are internal to the subdivision or
after hearing if they are located on the edge of the new
plat. a
38 - ORDINANCE NO. PL -11
A. Lot Area. Every lot shall have a minimum area of
20,000 square feet.
B.
Lot Width. Every lot shall have a minimum average
width on 100 feet.
C.
Frontage. Every lot shall have a minimum width at the
street of 50 feet, except that on an approve cul-de-
sac, this may be reduced to 30 feet.
D.
Front Yard. The front yard shall be a minimum of 30
feet.
E.
Side Yard. A side yard shall be a minimum of 5 feet
and the sum of the two side yards shall be a minimum of
15 feet.
F.
Rear Yard. The rear yard shall be a minimum of twenty
feet.
G.
Lot Coverage. Maximum lot coverage by buildings and
structures shall be 35 percent of the lot area.
H.
Solar Setback. The solar setback shall be as pre-
scribed in subsection (21) of Section 26. (Amended by
Ordinance No. 83-041.)
6. Off -Street Parking. Off-street parking shall be provided as
required in Section 25.
7. Other Required Conditions. See Section 28 applying to
Special Uses and Section 24.
Section 14. URBAN STANDARD RESIDENTIAL ZONE - RS ZONE.
1. Purpose. The RS Zane is intended to provide for the most
common urban residential densities in places where community
sewer services are or will be available and to encourage,
accommodate, maintain and protect a suitable environment for
family living.
2. Permitted Uses. The following uses are permitted®
A. Single-family dwelin .
B. Agriculture, excluding the keeping of livestock.
C. Rooming and boarding of not more than two persons.
D. Home occupation subject to the provisions of subsection
(14) of Section 26.
E. Other accessory uses and buildings and structures
customarily appurtenant to a permitted use subject to
subsection (2) of Section 27.
3. Conditional Uses. The following uses may be permitted
subject to a conditional use permit and the provisions of
Section 24 and Section,29:
A. Mobile home,subdivision subject to standards of subsec-
tion (11) of Section 26.
B. Churches Subject to subsection (4) of Section 26.
C. Cemeteries and mausoleums., crematories, columbariums
and mortuaries within cemeteries provided that no
mortuary or crematorium is within 100 feet of a bound-
ary street, or where no street borders the cemetery,
within 200 feet of a lot in a residential district and
subject to subsection (3) of Section 26.
D. Public, parochial and private schools, including
nursery schools, kindergartens and day nurseries;
including business, dancing, trade, technical or
similar schools subject to subsection (16) of Section
26.
E. Parks and recreation facilities, fire stations, libra-
ries., museums; but not including storage.or repair
yards, warehouses or similar uses
F. Recreation facility, including country clubs, golf
courses, swimming clubs, tennis clubs; but not includ-
ing such intensive commercial recreation uses as a
racetrack or amusement park.
G. .Utility substations or pumping stations with no equip-
ment storage or sewage treatment facilities.
H. Planned unit developments subject to provisions of
Section 30.
I. Temporary subdivision tract.officles.
0.Rear lot development subject to site plan approval as
provided in Section 24 and subsection (13) of Section
26.
K. Community buildings,. lodge and fraternal organizations,
except those carried on as a business for profit and
subject, to subsection (5) of Section 2.6.
L. Duplex in areas designated RS provided that each lot
occupied by a duplex shall have a minimum area of
12,000 square feet.
M. Two single-family dwellings on one lot in areas desig-
nated RS provided that each lot occupied by two single-
family dwellings shall have a minimum area of 12,000
square feet and also provided that all yard and cover-
age requirements set forth in subsection (5) of Section
14 are observed. In addition, no dwelling unit shall
be located within 10 feet of any other dwelling unit on
the same lot. There shall be provided for the rear
dwelling unoccupied and unobstructed access not less
than 15 feet wide to the street fronting the lot.
N. Keeping of livestock subject to subsection (7) of
Section 26.
O. Moving in a single-family dwelling built prior to
January 1, 1961.
P. Mobile home park subject to subsection (8) of Section
26.
Q. Condominiums.
R. Plant nurseries subject to subsection (18) of Section
26. (Amended by Ordinance No. 81-006.)
S. Time-share unit or the creation thereof, subject to
subsection (23) of Section 26. (Amended by Ordinance
No. 83-045.)
T. Hydroelectric facility in accordance with Section 29
and subsection (19) of Section 26. (Amended by Ordi-
nance No. 86-017.)
U. Dwelling groups, subject to the provisions of subsec-
tion (25) of Section 26. (Amended by Ordinance
No. 88-042.)
V. Radio and television transmission facilities. (Amended
y Ordinance No. 88-042.)
W. Bed and breakfast inn, subject to the standards set
forth in Section 26, subsection (26). (Amended by
Ordinance No. 88-042.)
X. Residential care facility. (Amended by Ordinance No.
41 - ORDINANCE NO. PL -11
4. Height Regulations. No building or structure shall be
hereafter erected-, enlarged or structurally altered to
exceed 30 feet in height.
5. Lot Requirements. The following lot requirements shall be
observed, provided that the Hearings Body or Planning
Director may allow smaller lots or different housing types
in a new subdivision approved pursuant to this Ordinance and
consistent with the Comprehensive Plan designations for
preservation of forested areas or signcant rock outcrop-
pings when these lots ' are internal to the subdivision or
after hearing if they are located on the edge of the new
plat.
A. Lot Area. Every lot shall have a minimum area of 60
square feet.
B. 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.
C. 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.
D. Front Yard. The front yard shall be a minimum of
twenty feet, except an existing forty or fifty foot
corner lot may have one front yard of ten feet provided
that the garage or carport is at least 20 feet from the
property line.
E. Side Yard. A side yard shall be a minimum of 5 feet
and the sum of the two side yards shall be a minimum of
15 feet.
F. Rear Yard. The rear yard shall be a minimum of 5 feet.
G. Lot Coverage. Maxippt.lot coverage by buildings and
structures shall be 35 percent of the lot area.
H. Solar Setback. The solar setback shall be as pre-
scribed in subsection (21) of Section 26. (Amended by
Ordinance No. 83-041.)
6. Off-Street'Parking. off-street parking shall be provided as
required'in Section 25.
7. Other Required Conditions. See Section 28 applying to
Special Uses, and Section 24.
17A
0025M
Section : • • •
ii
1. Eg]Mose. This zone is intended to provide for the develop-
ment of low
density multiple -family
which are reasonably spaced on the lot to provide for light,
air, privacyl safety and insulation against transmission of
off-site sound. Each development of thr-- or 1• - units is
subject to site plan approval as provided in section 24.
2. Permitted Uses. The following uses are permitted:
A. Two-family dwelling or duplex.
B. Two single-family dwellings on one lot, provided that
no dwelling is located within 10 feet of any other
dwelling on the same lot, and also provided that all
lot area, yard and coverage requirements set forth in
subsection (5) of Section 15 are observed. There shall
be provided for the rear dwelling unoccupied and
unobstructed access not less than 15 feet wide to the
street fronting the lot.
C. Multiple -family dwellings, apartment houses, dwelling
groups and condominiums®
D. Home occupations in a detached single-family unit or
duplex and subject to the provisions of subsection (14)
of Section 26.
E. Offices incidental and necessary to the conduct of a
permitted use.
F. Off-street parking lots when appurtenant to a permitted
use®
G. Mobile home park subject to the provisions of subsec-
tion (8) of Section 28.
H. Day care, kindergarten or nursery school. (Amended by
Ordinance No. 88-042.)
I. Farming, excluding the keeping of livestock. (Amended
by Ordinance No. 88-042.)
3® Conditional Uses. The following conditional uses may be
permitted subject to a conditional use permit and the provi-
sions of Section 24 and Section 29.
A. Nursing homes, rooming and boarding houses.
iB. Churches subject to subsection (4) of Section 26.
43 - ORDINANCE NO. PL -11
so
RM
C. Public, parochial and private schools, including
nursery schools, kindergartens and day nurseries,
including business, dancing, trade, technical or
similar schools subject to subsection (16) of Section
26.
D. Parks and recreation facilities, fire stations, libra-
ries, museums; but not including storage or repair
yards, warehouses or similar uses.
E. Planned unit development subject to the provisions of
Section 30.
F. utility substations or pumping stations with no equip-
ment storage or sewage treatment facilities, subject to
subsection (12) of Section 28.
G. off-street parking lots when contiguous to a'less
restrictive zoning district.
H. Building over 30 feet in height.
I. Human resource facility.
J. Moving and location of a dwelling built prior to
January 1, 1961.
K. Single-family dwelling.
L. Community building, lodge and fraternal organizations,
except those carried on as a business for profit, and
subject to subsection (5) of Section 26.
M. Time-share unit or the creation thereof, subject to
subsection (23) of Section 26. (Amended by Ordinance
No. 83-045.)
N. Hydroelectric facility, in accordance with Section 29
and subsection (i§) of Section 26. (Amended by Ordi-
nance No. 86-017.)
0. Radio and television transmission facilities. (Amende
by Ordinance No. 88-042.)
Height Regulations. No building or structure shall be
hereafter erected, enlarged or structurally altered to
exceed a height of 30 feet without a conditional use permit
Lot Requirements. The following lot requirements shall be
observed:
HOUBMI
A. Lot Area. Every lot shall have a minimum area of 5,000
square feet for the first unit, plus the following
minimum unit square footages based upon the number of
bedrooms per additional dwelling unit in the following
table:
Studio or Efficiency 750 square feet
1 Bedroom 1,000 square feet
2 Bedrooms 1,500 square feet
3 Bedrooms 2,250 square feet
4 Bedrooms 2,500 square feet
Provided that the overall density shall not exceed one
dwelling unit per 2,000 square feet of lot area. A lot
having a width of less than 50 feet, and an area of
less than 5,000 square feet of record at the time of
the passage of this Ordinance, may be occupied by one
single-family dwelling provided that all the yard
requirements of this section are observed.
B. Lot Width. Every lot shall have a minimum average
width of 50 feet.
C. 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.
D. Front Yard. The front yard shall be a minimum of 20
feet, except that on corner lots, one front yard need
not exceed 10 feet.
E. Side Yard. A side yard shall be a minimum of 5 feet
and the sum of the two side yards shall be a minimum of
15 feet. The side yards shall be increased by 1/2 foot
for each foot by which the building height exceeds 15
feet.
F. Rear Yard. There shall be a rear yard having a depth
of not less than 5 feet. The rear yard shall be
increased by 1/2 foot for each foot by which the
building height exceeds fifteen feet.
C. Lot Coverage. Maximum lot coverage by buildings and
structures shall be 40 percent of the lot area.
H. Solar Setback. The solar setback shall be as pre-
scribed in subsection (21) of Section 26. (Amended by
Ordinance No. 83-041.)
6. Off -Street Parking. Off-street parking shall be provided as
required in Section 25.
45 - ORDINANCE NO. PL -11
7.• Distances Between Buil• • The • •
ing special yards and distances between buildings shall be
observed:
A. An inner court providing access to double -row dwelling
groups as • - minimum of 0 feet.
B. Except for single-family dwellings on one lot, the
distance between principal buildings shall be at least
one-half the sum of the height of both buildings;
provided, however, that in no case shall the distance
• e less than 12 feet. This requirement
apply to portions of the same building separated from
each other by a court or other open space.
8. Other Required Conditions. See Section 26 applying to
Special Uses, and Section 25.
Section 16. URBAN HIGH DENSITY RESIDENTIAL ZONE - RH ZONE.
1. Purpose. This zone is intended to provide for high density
multiple -family developments in locations close to shopping
and services, transportation or public open space, and in
appropriate locations, to provide a transitional use area
between residential areas and other less restrictive dis-
tricts. The professional and office uses included in this
district are intended to enhance the functions of this
district in transitional areas and to encourage this trans-
ition in a more residential character.
2. Permitted Uses: The following uses are permitted subject to
the provisions of Section 24, excluding duplexes:
A. Duplexes.
B. Two single-family dwellings on one lot, provided that
no dwelling is located within 10 feet of any other
dwelling on the same lot, and also provided that all
lot area, yard and coverage requirements set forth in
subsection (5) of Section 16 are observed. There shall
be provided for the rear of the dwelling unoccupied and
unobstructed access not less than 15 feet wide to the
street fronting the lot.
11
Multiple -family dwellings, apartment houses and dwel -
ing groups.
D. Rooming and boarding houses.
E. Medical and dental clinics, laboratories and pharmacy
located within a clinic. 0
46 - ORDINANCE NO. PL -11
F. Nursing and convalescent homes.
G. Nursery schools, kindergartens and day care facilities,
subject to subsection (16) of Section 26.
H. Mobile home park subject to subsection (8) of Section
25.
I. off-street parking lots when appurtenant to a permitted
use.
J. Necessary and incidental services, such as a dining
room, barbershop, beauty shop, hobby shop, etc.,
included within apartment buildings, provided that the
facilities are used by and services rendered to only
tenants of the building and their guests.
3. Condit I ional Uses. The following conditional uses may be
permitted subject to a conditional use permit and the
provisions of Section 24, Section 29 and Section 30:
A. Public, parochial and private schools, including day
care facilities, but not including business, technical
or similar schools.
40 B.
Dancing or music schools.
C.
Parks, recreation facilities, fire stations, libraries,
museums; but not including storage or repair yards,
warehouses or similar uses.
D.
utility substations or pumping stations with no equip-
ment storage and sewage treatment facilities.
E.
Hospital, laboratory, orthopedic supply house, sanitar-
ium (except animal hospital and clinic, hospital for
sanitarium, mental, drug or liquor addict cases) and
subject to subsection (4) of Section 26.
F.
Planned unit development subject to Section 32.
G.
Community building, lodge and fraternal organization,
except those carried on as a business for profit and
subject to subsection (5) of Section 26.
H.
off-street parking lots when contiguous to a less
restrictive zoning district. For required development
standards, see Section 25.
I.
motel, apartment hotel when located near hospitals or
similar facilities, restaurants and bars within a hotel
provided there is no external advertising.
47 ORDINANCE NO. PL -11
J. Mortuaries.
K. Housing for the elderly. See subsection (17) of
Section 26.
L. Buildings in excess of 45 feet.
M. Single-family dwelling.
N. Churches subject to subsection (4) of Section 26.
O. Medical and dental clinics, laboratories and a pharmacy
located within a clinic.
P. Time-share unit or the creation thereof® subject to
subsection (23) of Section 26. (Amended by Ordinance
No. 83-045.)
Q. Hydroelectric facility in accordance with Section 29
and subsection (19) of Section 26. (Amended by Ordi-
nance No. 86-017.)
4. Height Regulations. No building or structure shall here-
after by erected, enlarged or structurally
altered to exceed
a height of 45 feet without conditional use.
5. _Lot Recruirements. The following lot requirements shall be
observed:
A. Lot Area. Every lot shall have a minimum
area of 5,000
square feet for the first unit, plus the
following
minimum square footages based upon the
number of bed-
rooms per additional dwelling unit in
the following
table:
Land Area lst &
Land Area 3rd
2nd Floor
Floor & Above
Studio or Efficiency 650 sq. ft.
250 sq. ft.
1 Bedroom 900 sq. ft.
500 sq, ft.
2 Bedrooms 1,250 sq. ft.
1,000 sq. ft.
3 Bedrooms 1,850 sq. ft.
1,550 sq. ft.
4 Bedrooms 2,100 sq. ft.
1,850 sq. ft.
Provided that the overall density shall not exceed one
dwelling unit per 1,000 square feet of lot area. A lot
having a width of less than 50 feet, and an area of
less than 5,000 square feet of record at the time of
the passage of this Ordinance may be occupied by one
single-family dwelling provided that all the yard
requirements of this section are observed.
48 - ORDINANCE NO. PL -11
Lot •th. Every lothave a minimum - • -
widthMV of 50 feet.
C. Front Yard. The front yard shall be a minimum of 10
feet® except that on corner lots where vision clearance
requirements shall apply.
D. Side Yard. A side yard shall be a minimum of 5 feet.
The side yards shall be increased by 1/2 foot for each
foot by which the building height exceeds 15 feet.
E. Rear Yard. The rear yard shall be a minimum of 5 feet.
The rear yard shall be increased by 1/2 foot for each
foot by which the building height exceeds 15 feet.
F. Lot Coverage. Maximum lot coverage by buildings and
structures shall be 50 percent of the lot area.
H. Solar Setback. Solar setback shall be as prescribed in
subsection (21) of Section 26. (Amended by Ordinance
No. 83-041.)
6.
Off -Street Parking. Off-street parking shall be provided as
required in Section 25.
7.
Special Yards and Distances Between Buildings. The follow-
ing special yards and distances between buildings shall be
provided:
A. An inner court providing access to double -row dwelling
groups shall be a minimum of 20 feet.
B. The distance between principal buildings shall be at
least 10 feet. This requirement shall also apply to
portions of the same buildings separated from each
other by a court or other open space.
(Amended by Ordinance No. 88-042.)
8.
Other Required Conditions. See Section 26 applying to
Special Uses.
Section 17. NEIGHBORHOOD COMMERCIAL ZONE - CN ZONE.
1.
Purpose. This zone is intended to provide for the location
of small businesses and services in residential sections o
the County for the convenience of nearby residents; also to
recognize existing uses of this type within the County. New
CN zones shall have a maximum area of 20®000 square feet of
contiguous land. The businesses are intended to fit into
the residential patter of development and not create either
land use, architectural or traffic conflicts. The above
49
- ORDINANCE NO. PL -11
site sizes for new CN zones and the following regulations
are intended to protect the residential environment and to
be consistent with the General Plan. These zones shall.
generally by no closer than 3/4 of a mile apart.
2. Permitted Uses. The following uses are permitted in a CN
Neighborhood Commercial Zone, subject to the provisions of
Section 24:
A. Existing residential uses, without any increase in
density.
B. Grocery stores.
C. Barber and/or beauty shop.
D. Clothes, cleaning pick-up agency.
E. Laundromat.
F. Accessory buildings customarily appurtenant to a per-
mitted use.
3. Conditional Uses.following conditional_
permitt_• subject to a conditional use permit and -
provi-
sions of Section 24 and Section 29. Ah
low
A. Residential dwelling units not on the ground floor of a
building.
B. Conversion of an existing dwelling to a permitted use.
4. Height Regulations. No building or structure shall be
hereafter erected, enlarged or structurally altered to
exceed 30 feet in height.
5. Lot Requirements. The following lot requirements shall be
observed:
A. Lot Area. Not to exceed 1/2 acre in size.
B. Lot Width. No requirements.
C. Lot Depth. Each lot shall have a minimum pth of 100
feet.
D. Front Yard. The front yard shall have a minimum of 20
feet.
E. Side Yard. None, except when a side lot line is abut-
ting a lot in an RS, RM or RH zone and then the side
yards shall be a minimum of 10 feet. The required side
50 - ORDINANCE NO. PL -11
yard shall be increased by 1/2 foot for each foot by
which the building height exceeds 20 feet.
F. Rear Yard. None, except when a rear lot line is abut-
ting a lot in an RS zone and then the rear yard shall
be a minimum of 10 feet. The required yard shall be
increased by 1/2 foot for each foot by which the build-
ing height exceeds 20 feet.
G. Lot Coverage. Maximum lot coverage by buildings and
structures shall be 35 percent of the total lot area.
H. Solar Setback. The solar setback shall be as prescrib-
ed in subsection (21) of Section 26. (Amended by
Ordinance No. 83-041.)
6. Off -Street Parking and Loadinct. Off-street parking and
loading shall be provided as required in Section 25.
7. Other Required Conditions.
A. All uses shall be conducted wholly within an enclosed
building, except for off-street parking and loading
facilities.
B. Items produced or wares and merchandise handled shall
be limited to those sold at retail on the premises.
C. In a CN zone, directly across the street from any RS,
RM or RH zone, the parking and loading area shall be
set back at least 10 feet from the street right-of-way
and said area shall be appropriately landscaped along
the residential street frontage to protect the
character of adjoining and adjacent residential prop-
erty. Such landscaping shall be maintained.
D. See section 26 applying to Special Uses where appli-
cable.
E. Solar setbacks shall be as prescribed in subsection
(21) of Section 26.
i • •
1.PurDose. This zone is intended to establish locations for
the development of commercial centers to provide for the
shipping and service requirements for large sections of the
community and to recognize existing uses both in centers and
as parts of commercial strips.
2. Permitted Uses. The following uses are permitted in the CL
Zone, subject to the provisions of Section 24®
51 - ORDINANCE NO. PL -11
A.
Existing residential uses without any increase in
density.
B.
Ambulance service.
C.
Antique shop.
D.
Appliance sales (household) including minor repairs.
E.
Art galleries, libraries and reading rooms.
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.
D.
Clothes cleaning pick-up agency, laundry or dry clean-
ing or self-service laundry.
P.
Confectionery or delicatessen:
Q.
Dairy products, sales only.
R.
Drug store, including soda fountain.
S.
Dry goods store, millinery ship or dress shop.
T.
Florist shop.
U.
Food store, health food store.
V.
Frozen food locker, excluding wholesale storage.
W.
Furniture store, home furnishings store.
X.
Garden supply store.
Y.
Gift shop, notion or variety store.
Z. Hardware store or paint store. (Amended by Ordinance
No. 88-042.)
aa. Hobby shop, toy store.
bb. Jewelry store.
cc. Leather goods and luggage.
Musical instruments.
e. Medical and dental clinic and office.
f . 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
Section 30.
rr. Technical and business schools.
ss. Accessory buildings customarily appurtenant to a per-
mitted use.
tt. Day care center facilities.
uu. Bus terminal. (Amended by Ordinance No. 88-042.)
3. Conditional Uses. The following conditional uses may be
permitted subject to a conditional use permit and the provi-
sions of Section 24 and Section 29:
53 - ORDINANCE NO. PL -11
A. New residential dwelling units, excluding mobile home
parks. (Amended by Ordinance No. 88-042.)
B. Auto sales lot (used).
C. Bowling alley.
D. Car wash.
E. Conversion of an existing dwelling unit to a permitted
use.
F. Dancing or music school, nursery school, kindergarten
• day care
G. Department store.
H. Drive-in restaurant.
I. Public buildings and public utility buildings and
structures as may be appropriate to the CL Zone.
J. Church, club, lodge or fraternal organization.
K. Commercial off-street parking lot.
L. Mortuary.
M. Theater.
N. Veterinary clinic or kennel operated entirely within an
enclosed building.
O. Minor automotive repair, battery and tire storage
provided the business is wholly conducted within an
enclosed building and all waste or used parts are
removed from the premises each day.
P. Time-share or the creation thereof, subject to subsec-
tion (23) of Section 26. (Amended by Ordinance No.
83-045.)
4. Height Regulations. No building or structure shall be
hereafter erected, enlarged or structurally altered to
exceed a height of 30 feet, without a conditional use
permit.
5. Lot Requirements. The following lot requirements shall be
observed:
A. Lot Area. No requirements.
RfACENROWhiZ[*Ann rod *MeI
iB. Lot Width. No requirements.
C. Lot Depth. One hundred feet.
None,D. Front Yard. The front yard shall be a minimum of 10
E. Side Yard. except -
n a lot line is abutting a
lot in an R zone, and then the side yard shall be a
minimum of lo feet. The required side yard shall -be
increased .foot for each foot the building height
feet.exceeds 20
F. Rear Yard. None, except when rear lot line is abutting
a lot in an R zone, and then the rear yard shall be a
minimum of 10 feet. The required rear yard shall be
increased by 1/2 foot for each foot by which the build-
ing height exceeds 20 feet.
G. Lot Coverage. Maximum lot coverage by buildings and
structures shall be 35 percent of the total lot area.
H. Solar Setback. The solar setback shall be as pre-
scribed in subsection (21) of Section 26. (Amended by
Ordinance No. 83-041.)
6. Off -Street Parking and Loading. Off-street parking and
loading space shall be provided as required in Section 25.
7. Other Reauired Conditions.
A. All uses shall be conducted wholly within an enclosed
building, except for off-street parking and loading
facilities, automobile service stations, automobile
sales and drive -up windows.
B. Items produced or ware 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 resi-
dential street frontage to protect the character of the
adjoining residential property. Such landscaping shall
e maintained.
Section 18A. CONVENIENCE COMMERCIAL ZONE - CC ZONE.
1. Purpose. This zone is intended to provide locations for a
relatively wide range of small businesses and services which
55 - ORDINANCE NO. PL -11
fit into the residential development pattern as a conve-
nience to residents in that part of the County, and to
recognize existing uses of this type within the County. New
centers of this type are intended to be limited in size to.
not more than four acres of contiguous land and to be
located and developed in a manner consistent with the
General Plan.
2. Permitted Uses. The following uses are permitted in a CC
i -one and subject to provisions of Section 24:
A. Any use permitted in the CN Zone.
B. Antique shop.
C. Appliance sales (household), including minor repairs.
D. Art galleries, libraries and reading rooms.
E. Artist supplies and picture framing.
F. Auto parts sales (new).
G. Bakery, retail.
H. Bank or other financial institution.
BarberI. ..
J. Beauty shop.
K. Bicycle shop.
L. Clothing store or tailor shop.
M. Clothes cleaning pick-up agency.
N. Clothes cleaning agency using non-flammable cleaning
agents, including self-service cleaning establishment.
O. Confectionery or delicatessen.
P. Dairy products, sales only.
Q. Drug store, including soda fountain.
R. Dry goods store, millinery shop or dress shop.
S. Florist shop.
T. Food and health food store. (Amended by Ordinance
No. 88-042.)
U.
Gift shop, notion or variety store.
V.
Hardware store.
W.
Health food store.
X.
Hobby shop.
Y.
Jewelry store.
Z.
Leather goods and luggage.
aa.
Musical instruments.
bb.
Laundry pick-up agency, self-service laundry
cc.
Medical and dental clinic and office.
dd.
Office, business or professional.
ee.
Photographic supplies and studio.
ff.
Radio and television sales and service.
gg.
Restaurant.
hh.
Shoe store, shoe repair shop.
ii.
Toy store.
jj.
Planned unit development subject to the provisions of
Section 30.
kk.
Accessory buildings customarily appurtenant to a per-
mitted use.
11.
Technical and business schools.
3. Conditional Uses. The following conditional uses may be
permitted
subject to a conditional use permit and the
provisions
of Section 24 and Section 29.
A.
New residential dwelling units, excluding o it home
arks. (Amended by Ordinance No. 88-042.)
E.
Dancing or music school, nursery school, kindergarten
and day care facility.
C.
Public buildings and public utility buildings and
structures as may be appropriate to the CC Zone.
D.
church, club, lodge or fraternal organization.
57 - ORDINANCE NO. PL -11
E. Automobile service station and minor auto repair.
F. Mortuary.
H. Bar, cocktail lounge and tavern.
I. Time-share unit or the creation thereof, subject to the
provisions of subsection (3) of Section 26. (Amended
by Ordinance No. 83-045.)
J. A building over 30 feet in height. (Amended by Ordi-
nance No. 88-042.)
4. Height Regulations. No building or structure shall be
hereafter erected, enlarged or structurally altered to
exceed a height of 30 feet without a conditional use permit.
(Amended by Ordinance No. 88-042.)
5. Lot Requirements. The following minimum lot requirements
shall be observed:
A.
Lot
Area.
No requirements.
B.
Lot
Width.
No requirements.
C.
Lot
Depth.
One hundred feet.
D. Yard.- front yard shall_ minimum of lo
E. Side Yard. None, except when a side lot line is abut-
ting a lot in an R zone, and then the side yard shall
be a minimum of 10 feet. The required side yard shall
be increased by 1/2 foot for each foot by which the
building height exceeds 20 feet.
F. Rear Yard. None, except when a rear lot line is
abutting a lot in an R zone, and then the rear yard
shall be a minimum of 10 feet. The required rear yard
shall be increased by 1/2 foot for each foot by which
the building height exceeds 20 feet.
G. Lot Coverage. Maximum lot coverage by buildings an
structures shall be 35 percent of the total lot area.
H. Solar Setback. The solar setback shall be as pre-
scribed in subsection (21) of Section 26. (Amended by
Ordinance No. 83-041.)
58 - ORDINANCE NO. PL -11
C
U
6. Off -Street Off-street parking
otherloading space shall be provided as required in Section 25.
7. Recruired Conditions.
A. All uses shall be conducted wholly within an enclosed
building, except for Off-street parking and loading
automobile - - •
ns and drive -up
B. Items produced or wares and merchandise handled shall
be limited to those sold at retail on the premises.
C. In any CC zone directly across the street from any R
zone, the parking and 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
shall be maintained.
D. See Section 26, "Provisions Applying to Special Uses,"
where applicable. (Amended by Ordinance No. 88-042.)
Section 19. HIGHWAY COMMERCIAL ZONE - CH ZONE.
1. Purpose. This zone is intended to provide for those uses
which have large site requirements, or are oriented to
highway access, or provide service to the traveling public
or are dependent on thoroughfare travel. In addition,
highway commercial zones can include limited commercial uses
and commercial recreation facilities.
2. Permitted Uses. The following uses are permitted subject to
the provisions of Section 24®
A. Existing residential uses, without any increase in
density.
B. Ambulance service.
C. Any permitted use in the CL Zone.
D. Bank, office and financial institution.
E. Auto sale lot (including truck sales as part of a car
agency), provided all repair work is within an enclosed
building.
F. Automobile parts sales, automobile repair (major), tire
sales (including recapping), battery sale and repair,
all to be conducted within an enclosed building.
59 - ORDINANCE NO. PL -11
G. Automobile service station subject to standards of
Section 26.
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, serve and repair.
L. Grocery store, gift store or souvenir shop.
M. Hotel and motel.
N. Mobile home, trailer and recreational vehicle sales and
service.
C. Motorcycle sales, service and repair.
l �s
P.
Restaurant, cafe, refreshment stand, drive-in restau-
rant, bar, tavern, club and lodge.
Q.
Retail.business and service establishment providing
home furnishing, supplies and service for home improve-
ments, including garden supplies, nurseries, green-
houses, 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 organiza-
tions 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 Section 30.
l �s
X. Radio and television broadcasting studios and facili-
ties.
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. (Amended by Ordinance No. 88-042.)
3. Conditional Uses. The following conditional uses may be
permitted subject to a conditional use permit and the
provisions of Section 24 and Section 29.
A. Auto sales lot (used).
B. Drive-in theater, golf driving range and miniature golf
course.
® C. Existing industrial uses.
D. Trailer park and campground.
E. Building over 3.6 feet in height. (Amended by Ordinance
No. 88-042.)
F. Auction house or yard.
G. Contractor's office and equipment storage yard or store
and rental of equipment commonly used by contractors.
H. Wholesale business, storage, warehousing, transfer
company and trucking company.
I. Department store.
J. Towing service where no wrecked or impounded vehicles
are kept on the site.
K. Residential use, excluding mobile home parks. (Amended
by Ordinance No. 88-042.)
L. Time-share unit or the creation thereof, subject to
subsection (23) of Section 26. (Amended by Ordinance
No. 83-045.)
61 - ORDINANCE NO. PL -11
M.
Hydroelectric accordance Section
•subsection '• •..Section :.. (Amended
•'• • 6rdi-
nance
•
Height Regulations. No building or structure sh all be
hereafter erected, enlarged or structurally altered to
exceed a height of 35 feet without a conditional use permil
5. Lot Requirements. The following lot requirements shall be
observed.*
A. Lot Area. No requirements.
B. Lot Width. No requirements.
C. Lot Depth. Each lot shall have a minimum depth of 100
feet.
D. Front Yard. The front yard shall be a minimum of 10
feet, except when a side lot line is abutting a lot in
an R zone, and then the front yard shall be the front
yard required in the abutting R zone.
E. Side Yard. None, except when a side lot line is
abutting an R zone and then the side yard shall be a
minimum of 10 feet. The required side yard shall be
increased by 1/2 foot for each foot by which the
wilding height exceeds 20 feet.
F. Rear Yard. None, except when a rear lot line is
abutting a lot in an R zone and then the rear yard
shall be a minimum of 10 feet. The required rear yard
shall be increased by 1/2 foot for each foot by which
the building height exceeds 20 feet.
G. Lot Coverage. No requirements.
K. Solar Setback. Solar setback shall be as prescribed in
subsection (21) of 'Section 26. (Amended by Ordinance
No. 83-041.)
6. Off -Street Parking and Loading. Off-street parking and
loading space shall be provided as required in Section 2.
7. Other Reggired Conditions.
A. All business, service, repair, processing, storage or
merchandise display on property abutting or across the
street from a lot in an'R zone, shall be conducted
wholly within an enclosed building unless screened from
the R zone by a site -obscuring fence or wall not less
than 6 feet, nor more than 8 feet in height. Said
62 - ORDINANCE NO. PL -11
fence or wall shall not extend into a required front
• •
B. Motor vehicle,boat •
lot shall be drained and surfaced with pavement, except
in those portions of the lot maintained as landscaped
Section 19A. GENERAL COMMERCIAL ZONE - CG ZONE.
Purpose. This zone is intended to provide for a broad
mixing ofcommercial' •. •wholesale and _
vier
commercial
2. Permitted Uses. The following uses are permitted in the CG
Zone subject to the provisions of Section 24:
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, yin or 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
Section 30.
63 - ORDINANCE NO. PL -11
M.* Accessory uses and buildings customarily appurtenant to
a permitted use, such as incidental storage, are
permitted.
N. Bus terminal.(Amended .y Ordinance _ oto..
3. conditional Uses. The following conditional uses may be
permitted subject to a conditional use permit and the provi-
sion of Section 24 And Section 29:
A. Department stores®
B. Buildings in excess of 45 feet.
C. Residential use subject to the standards of the RH
zone, excluding mobile home parks. (Amended by Ordi-
nance No. 88-042.)
D. Time-share unit or the creation thereof,- subject to
subsection (23) of.Section 26. (Amended by Ordinance
No. 83-045.)
E. Hydroelectric facility in accordance with Section 29
and subsection (19) of Section 26• (Amended by Ordi-
nance No® 86-017®)
4. Height Regulations® No building or structure shall be
hereafter erected, enlarged or structurally altered to
exceed a height of 45 feet without approval of a conditional
use permit.
5. Lot Requirements® The following requirements shall be
observed:
A. Lot Area. No requirements®
B. Lot Width No requirements.
C. Lot Depth. Each lot shall have a minimum depth of 100
feet.
D. Front Yard. The front yard shall be a minimum of 10
feet, except when abutting a yard in an R zone, and
then the front yard shall be the front yard required in
the abutting zone.
E. Side Yard. None, except when a side lot line is abut-
ting a yard in an R zone, and then the side yard shall
be increased by 1/2 foot for each foot by which the
building height exceeds 20 feet.
0
F. Rear Yard. None, except when a rear lot line is abut-
ting a lot in an R zone, and then the rear yard shall
be a minimum of 20 feet. The required rear yard shall
be increased by 1/2 foot for each foot by which the
building height exceeds 20 feet.
G. Lot Coverage. No requirements.
H. Solar Setback. Solar setback shall be as prescribed in
subsection (21) of Section 26. (Amended y Ordinance
No. 83-041.)
6. Off -Street Parking and Loading. Off-street parking and
oading space shall be provided as required in Section 25.
7. Other Required Conditions.
A. All business, service, repair, processing, storage or
merchandise, display on property abutting or across the
street from a lot in an R zone shall be conducted
wholly within an enclosed building unless screened from
the R zone by a site -obscuring fence or wall not less
than 6 feet and not more than 8 feet in height. Said
fence or wall shall not extend into a required front
yard area.
E. 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.
Section 20. INDUSTRIAL PARK ZONE - IP ZONE.
1. Purpose. This zone is intended to provide for research or
development of materials, methods or products, and compat-
ible light manufacturing, in a park -like environment.
2. Permitted Use. The following uses are permitted in the IP
Zone subject to the provisions of Section 24:
A. Existing residential uses, without any increase in
density, and a dwelling unit for a caretaker or watch-
man working on the property.
B. Scientific research or experimental development of
materials, methods or products, including engineering
and laboratory research.
C. Administrative, educational and other related activi-
ties and facilities in conjunction with a permitted
use.
D. Light manufacturing, assembly, fabricating or packaging 49
of products from previously prepared materials, such as
cloth, plastic, paper, leather, precious or semi-
precious metals or stones.
E. Manufacture of electric, electronic or optical instru-
ments or devices.
F. Manufacture of food products, pharmaceuticals and the
like, but not including the production of fish or meat
products or fermented foods, such as sauerkraut,
vinegar or the like, or the rendering of fats and oils.
G. Planned unit development subject to the requirements of
Section 30.
H. Other similar uses which the Commission may find to be
similar to those listed as permitted in this zone and
are not inconsistent with the purpose of this zone.
I. Accessory uses and buildings customarily appurtenant to
a permitted use, such as incidental storage, are per-
mitted.
3. Conditional Uses. The following conditional uses may be
permitted subject to a conditional use permit and the provi-
sions of Section 24 and Section 29: 4
A. Public buildings and public utility structures and
yards, including railroad yards.
B. Bank, restaurant ' automobile service station or the
like, to serve developed permitted uses.
C. Warehouse and distribution uses which the Commission
finds not to be inconsistent with the purpose of this
zone and which will not impair present or potential use
of adjacent properties.
D. Buildings over 45 feet in height.
E. Hydroelectric facility in accordance with Section 29
and subsection (19) of Section 26. (Amended by Ordi-
nance No. 86-017.)
4. Height Regulations. No building or structure shall be
hereafter erected, enlarged or structurally altered to
exceed a height of 45 feet without a conditional use permit.
5. Lot Requirements. The following lot requirements shall be
observed:
66 - ORDINANCE NO. PL -11
A. Lot Area. Each lot shall have a minimum of one acre.
B. Lot Width. No requirements.
C. Lot Depth. Each lot shall have a minimum depth of 100
feet.
D. Front Yard.be a minimum of 35
E. Side Yard. A _ yard shallbe a minimum of 25 feet,
except -n abutting a lot in an R zone
required side yard shall be 50 feet. No side yards are
required .- of <; building abutting a railroad
•
F. Rear Yard. A rear yard shall be a minimum of 25 feet,
except when abutting a lot in an R zone, and then the
rear yard shall be 50 feet. No rear yard is required
on the side of a building abutting a railroad right-of-
way.
G. Lot Coverage. The maximum lot coverage by buildings
and structures shall be 50 percent of the total lot
area.
H. Solar Setback. The solar setback shall be as prescrib-
ed in subsection (21) of Section 28. (Amended by
Ordinance No. 83-041.)
6. Off -Street -Parking and Loading. Off-street parking and
loading space shall be provided as required in Section 26.
7. Other Rectuired Conditions.
A. All uses in this zone shall be carried on entirely
within a completely enclosed building, except for
parking and loading, and automobile service stations.
B. In an IP Zone directly across the street from an R
zone, an off-street parking and loading area shall be
set back at least 20 feet from the right-of-way, and
said area shall be appropriately landscaped along the
residential street frontage to protect the character of
the adjoining residential property. Such landscaping
shall be maintained.
C. Other yards and unused property on a developed site
shall be landscaped and maintained.
Ll
D. Any use or portion thereof causing noise shall by
performed in such a manner as not to create a nuisance
or hazard on any adjacent property.
E. Any use or portion thereof causing vibration shall be
performed in such a manner as not to create a nuisance
or hazard on any adjacent property.
F. Any operation producing intense heat or glare shall be
performed in such a manner as not to create a nuisance
or hazard on adjacent property.
G. There shall be no emission of odorous, toxic or noxious
atter or dust in such quantities as to be readily
detectible at any point along or outside property lines
so as to produce a public nuisance or hazard.
H. All off-street parking or loading areas and access
drives shall be surfaced with dust -free surface and
shall be maintained.
I. Fences, walls or hedges may be required by the Site
Plan Committee if, in the opinion of the Committee,
such screening is necessary to protect the residential
quality of adjacent property in an R zone.
Section 21. LIGHT INDUSTRIAL ZONE - IL ZONE.
1. Purpose. This zone is intended to provide for those heavier
commercial and light industrial uses located in existing
built-up areas of the City.
2. Permitted Uses. The following uses are permitted in the IL
Zone subject to the provisions of Section 24.
A. Any permitted use in the IP Zone.
B. Cold storage plants, including storage and office.
C. Fuel oil distributors.
D. Printing, publishing and book binding.
E. Public utility buildings and yards.
F. Veterinary clinic and hospitals operated entirely
within an enclosed building.
G. Light fabrication and repair shops, such as blacksmith,
cabinet, electric motor, heating, machine, sheet metal,
sign, stone monuments, upholstery and welding.
H. Assembly, manufacture or preparation of articles and
merchan
• - • 1 following ! - ! prepared
types of materials: bone, canvas, cellophane, cloth,
cork, feathers,felt, leather,precious
cious metal or stones, shell, textiles, tobacco, wax,
wire, wood (excluding sawmills, lumbermills, planing
mills, molding plants, particle board, wafer board,
plywood and pulp process) yarns and paint not employing
_ boiling • of (Amending Ordinance No. 88-042.) _,
I. Manufacture, compounding, processing, packing or treat-
ment of such products as bakery goods, candy, cosme-
tics, dairy products and meat, drugs, perfume, pharma-
ceuticals, perfumed toilet soap, toiletries; excluding
the rendering of fats and oils, fish and meat slaugh-
tering and fermented foods, such as sauerkraut, vinegar
and yeast.
J. Processing uses such as bottling plants, creameries,
laboratories, blueprinting and photocopying, laundries,
carpet and rug cleaning plants, cleaning and dyeing
plants, tire retreading, recapping and rebuilding.
K. Contractor's equipment, storage or sale yard, house
mover, delivery vehicles, transit storage, trucking
terminal and used equipment in operable condition.
L. Manufacture of concrete products and ceramic products
using only previously pulverized clay®
M. Manufacture of musical instruments, novelties, rubber
or metal stamps, toys, optical goods or precision
instruments or equipment®
N. Manufacture of artificial limbs, dentures, hearing
aids, surgical instruments and dressings and other
devices employed by the medical and dental professions.
O. Mini storage units.
P. Planned unit developments subject to the provisions of
Section 30.
Q. (Deleted by Ordinance No. 88-042.)
R. Accessory uses and buildings customarily appurtenant to
a permitted use, such as incidental storage, are per-
mitted.
S. Wholesale distribution of all standard types of pre-
pared or packaged merchandise such as automobile
supplies, drug and electrical supplies, furniture, food
69 - ORDINANCE NO. PL -11
products, hardware, leather goods, plumbing supplies,
textiles and fabrics and general merchandise. (Amended
by Ordinance No. 88-042.)
3. Conditional Uses. The following conditional uses maybe
provi-
sions ofSections• s
A. Building • _ feet _ •
B. Livestock feedandsales yard.
C. Ambulance service.
D. Service commercial uses such as banks, offices, restau-
rants, cafes, refreshment stands, bars and taverns.
E. All types of automobile, motorcycle and truck sales,
service, repair and rental. Automobile and truck
service stations subject to Section 26.
F. Boat building and repair.
G. Retail or combination retail/wholesale lumber and
building materials yard, not including concrete mixing.
H. Trailer sales, storage and rental.
I. Wholesale distribution of all standard types of
prepared or packaged merchandise, such as automobile
supplies, drugs, electrical supplies, furniture, food
products, hardware, leather goods, plumbing supplies,
textiles and fabrics and general merchandise.
J. Commercial parking lot.
K. Nursery school, kindergarten and day care facility.
L. Hydroelectric facility in accordance with Section 29
and subsection (19) of Section 26. (Amended by Ordi-
nance No. 86-017.)
Regulations.4. Height - _
after be erected, enlarged or structurally altered to excee
a height of 35 feet without a conditional use permit.
5. Lot Reguirements. The following lot requirements shall be
observed:
A. Lot Area. No requirements.
B. Lot Width. No requirements.
VIIIEMKOIZ4634 Mi &4@ --a Zs�
•
U
C.
ot Depth. Each lothave a minimum depth of i;f
D. Front Yard. Ten feet, except when abutting a lot in
R zone, and then the front yard shall be the front ya
required in the abutting R zone.
E. Side Yard. None,except wh_
zone,• then the side yard shall • _ a minimum of •
feet. The required side yard shall be increased by 1/
• F' for each oo building height exceeds t feetl
F. Rear Yard. None, except when abutting a lot in an R
zone, and then the rear yard shall be a minimum of 20
feet. The required rear yard shall be increased by lle
foot for each foot by which the building height exceedz
i feet.
G. Lot Coverage. No requirements.
H. Solar Setback. The solar setback shall be as prescrib-
ed in subsection (21) of Section 26. (Amended by
Ordinance No. 83-041.)
6. Off -Street Parkinq and Loading. Off-street parking and
loading space shall be provided as required in Section 25.-
7.
5:7. Other Re iced Conditions.
A. All business, service, repair, processing, storage or
merchandise display on property abutting or across the
street from a lot in an R zone shall be conducted
wholly within an enclosed building unless screened from
the R Zone by a sight -obscuring fence or wall.
(Amended Ordinance No. 88-042.)
B. Openings to structures on sides abutting to or across
the street from an R zone shall be prohibited if such
access or openings will cause glare, excessive noise or
similar conditions such as to have adverse effect on
property in the R zone.
C. Motor vehicle, boat or trailer rental, sales or stora
lots shall be drained and surfaced with pavement,
except in those portions of the lot maintained as
landscaped areas.
D. In any IL zone directly across the street from an R
zone, the parking and loading area and outdoor display
or storage areas shall be set back at least 10 feet
from the right-of-way, and said areas shall be appro-
priately landscaped along the residential street front -
71 - ORDINANCE NO. PL -11
age to protect the character of the adjoining residen-
tial property. Such landscaping shall be maintained.
E. Access points from a public road to properties in an IL
zone shall be so located as to minimize traffic conges-
tion and to avoid directing traffic onto access streets
of a primarily residential character.
F. All materials, including wastes, shall be stored and
all grounds shall be maintained in a manner which will
not attract or aid the propagation of insects or
rodents or create health or fire hazards.
G. The emission of disturbing vibrations or of unpleasant
odorous gases or matter in such quantity or at such
amplitude as to be readily detectable at any point
beyond the property line of the use creating the vibra-
tions or odors is prohibited.
H. All uses in the IL zone shall be carried on in such a
manner that they do not create smoke, gas, odor, dust,
sound, vibration, soot or lighting to a degree which
might be obnoxious or offensive to persons residing in
or conducting business in this or any other zone.
Section 22. GENERAL INDUSTRIAL ZONE - IG ZONE.
1. Purpose. This zone is intended to provide for the estab-
lishment of light and heavier industrial uses essential to
the development of a balanced economic base in an industrial
environment with a minimum conflict between industrial uses
and residential and light commercial uses.
2. Permitted Uses. The following uses are permitted subject to
the provisions of Section 24:
A. Any permitted uses in the IL zone.
B. Any manufacturing, processing, repairing, research,
assembling, wholesale or storage uses not specifically
mentioned below as a conditional use, excepting the
manufacturing of explosives and the slaughtering of
animals.
C. Public buildings and public utility structures and
yards, including railroad yards. (Amended by Ordinance
No. 88-042.)
D. Veterinary clinic. (Amended by Ordinance No. 88-042.)
E. commercial parking lot. (Amended by Ordinance
No. 88-042.)
F. Planned unit development subject to the provisions of
Section 30. (Amended by Ordinance No. 88-042.)
G. Accessory uses and buildings customarily appurtenant to
a permitted use, such as incidental storage. (Amended
by Ordinance No. 88-042.)
3. Conditional Uses. The following conditional uses may be
permitted subject to a conditional use permit and the provi-
sions of Section 24 and Section 9:
A. Asphalt plant.
B. Wrecking yard or junk yard.
C. Buildings over 35 feet in height.
D. Livestock feed or sales yard.
E. Any conditionally permitted use in an IL or IP zone.
4. Height Regulations. No building or structure shall be
hereafter erected, enlarged or structurally altered to
exceed a height of 35 feet without a conditional use permit.
5. Lot Requirements. The following lot requirements shall be
observed®
A. Lot Area. No requirements.
B. Lot Width. No requirements.
C. Lot Depth. Each lot shall have a minimum depth of 100
feet.
D. Front Yard. Ten feet, except when abutting a lot in an
R zone, and then the front yard shall be the front yard
required in the abutting R zone.
E. Side and Rear Yards. None, except when abutting a lot
in an R zone, and then the side and rear yards shall be
a minimum of 20 feet. The required side and rear yards
shall be increased by 1/2 foot for each foot by which
the building height exceeds 20 feet.
F. Lot Coverage. No req- +-
6. Off -Street Parking and Loading. Off-street parking and
loading space shall be provided as required in Section 25.
73 - ORDINANCE NO. PL -11
fpm
1.
Other Required Conditions.
A. All business, service, repair, processing, storage :or
merchandise display on property abutting or across the
street from a lot in an R zone shall be conducted
wholly within an enclosed building unless screened from
the R zone by a site -obscuring fence or wall.
B. Openings to structures on sides adjacent to or across
the street from an R zone shall be prohibited if such
access or openings will cause glare, excessive noise or
other conditions such as to have adverse effects on
property in the R zone.
C. Motor vehicle, boat or trailer rental, sales or storage
areas shall be drained and surfaced with pavement,
except those portions of the lot maintained as land-
scaped areas.
D. In any IG zone directly across the street from any R
zone, the parking and loading area and outdoor display
or storage areas shall be set back at least 10 feet
from the right-of-way, and said areas shall be appro-
priately landscaped along the residential street front-
age to protect the character of the adjoining residen-
tial property. Such landscaping shall be maintained.
E. Access points from a public road to properties in an IG
zone shall be so located as to minimize traffic conges-
tion and to avoid directing traffic onto local access
streets of a primarily residential character.
F. All materials, including wastes, shall be stored and
all grounds shall be maintained in a manner which will
not attract or aid the propagation of insects or
rodents or create health or fire hazards.
G. The emission of vibrations or of odorous gases or
matter in such quantities as to be readily detectable
at any point beyond the property line of the use creat-
ing the vibrations or odors is prohibited.
H. All uses in the IG zone shall •- carried •
mannern in such
,. gas, odor, dus
sound, vibration,i • or• • • degree
might be obnoxious or offensive to persons residing
• , conducting • - or any other •
Section 23. FLOOD PLAIN COMBINING ZONE - FP ZONE.
Purpose. It is the purpose of this zone to promote the
public health, safety and general welfare, and to minimize
public and private losses due to flood conditions in speci-
fic areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money and costl
flood control projects; I
C. To minimize the need for rescue and relief efforts
associated ith flooding :. • generally •.. -
the expense of the general public;
D. To minimize prolonged business interruptions.-
E.
nterruptions;E. To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and
sewer lines and streets and bridges located in areas of
special flood hazard;
F. To help maintain a stable tax base by providing for the
sound use and development of areas of special flood
hazards.so as to minimize future flood blight areas;
G. To ensure that potential buyers are notified that prop -
area of specialhazard;
ensure that those who occupythe areaflood hazard assume responsibility for their actions.
s of special
2. Application of FP Zone.
A. The FP Combining Zone shall apply to the area identi-
fied on the Flood Insurance Rate Map (FIRM) as special
flood hazard areas inundated by 100 -year flood and
floodway areas. The FIA Flood Insurance Study for Bend
and the FIRM map are hereby adopted and by this refer-
ence included herein. The A and AE zones shown on the
FIRM map are hereby zoned FP.
B. When base flood elevation data has not been provided on
the FIRM, the Planning Director shall obtain, review
and reasonably utilize any base flood elevation and
floodway data available from a federal, state or other
source in order to administer this section.
a. Where base flood elevation data is provided
through the Flood Insurance Study or as required
in subsection (2)(B), record the actual elevation
(in relation to mean sea level) of the lowest
floor (including basement ) of all new or substan-
tially improved structures and whether or not the
structure contains a basement.
b. For all new or substantially improved floodproofed
structures, record the actual elevation (in rela-
tion to mean sea level) of the structure's lowest
floor. Obtain and maintain the floodproofing
certifications required in Section 23(7)(B).
3. Warning and Disclaimer of Liability. The degree of flood
protection required by this Section is considered reasonable
for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will
occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This Ordinance does not imply
that land outside the areas will be free from flooding or
flood damages. This Ordinance shall not create liability on
the part of the County, any officeroremployee thereof, or
the Federal Insurance Administration for any flood damages
that result from reliance on this Ordinance or any
administrative decision made, hereunder.
4. Alteration of Watercourses.
A. Prior to any alteration or relocation of a watercourse,
notice of the proposed alteration shall be given to
affected, adjacent communities and the State Department
of Water Resources and evidence of such notification
submitted to the Federal Insurance Administration.
B. The applicant shall maintain the altered or relocated
portion of said watercourse so that the flood carrying
capacity is not diminished.
5. Permit for Use or Development in an FP Zone. No development
shall occur in an FP Zone unless a permit has been received
for the work. Except for improvement of an existing struc-
ture which is less than substantial, as determined by the
County, no permit shall be issued unless the work will be
reasonably safe from flooding, otherwise complies with this
ordinance, and all necessary state, federal and local per-
mits will be obtained as a condition of approval on any
permit in an FP Zone. The following information shall be
submitted with the permit application:
A. The location of the property with reference to channel
locations and flood profile elevations.
B. The existing topography and proposed grading plan for
the property. Contour intervals shall not be more than
one -foot for ground slopes up to five percent and, for
areas immediately adjacent to a stream, two -foot for
ground slopes between five and ten percent and five-
foot for greater slopes.
C. The location of existing and proposed diking or revet-
ments, if any.
D. Review of building permits. Where elevation data is
not available either,through the Flood- Study
or from another authoritative source, applications for
building . it shall • .. reviewed •,assure _
proposed construction will be reasonably safe from
flooding.
A. A building permit application for substantial improve-
ment to an existing structure or for a new structure
within an FP Zone shall contain the following data
referenced to mean sea level.
a. The level of the lowest habitable floor and of any
basement floor whether or not intended to be
habitable.
b. The level to which the structure is to be flood -
proofed, if applicable.
statement which notes whether the structure contains
a basement.
C. The information required by this subsection shall be
maintained in the files of the Building Department with
the subject building permit.
7. Regulation of structures in an FP Zone.
A. Residential Construction.
a. New construction and substantial improvement of
any residential structure shall have the lowest
floor, including basement, elevated to or above
base flood elevation.
b. Fully enclosed areas below the lowest floor that
are subject to flooding are prohibited unless
designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the
entry and exit of floodwaters. Designs for meet-
ing this requirement must either by certified by a
registered professional engineer or architect or
must meet or exceed the following minimum
criteria:
77 - ORDINANCE NO. PL -11
1. A minimum of two openings having a total net
area of not less than one square inch for
every square foot of enclosed area subject to
flooding shall be provided.
2. openings may be equipped with screens,
louvers or other coverings or devices pro-
vided that they permit the automatic entry
and exit of floodwaters.
. The bottom of all openings shall be no higher
than one foot above grade.
B. Non-residential Construction. New construction and
substantial improvement of any commercial, industrial
or other non-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:
a. Be floodproofed so that below the base flood level
the structure is watertight with walls substan-
tially impermeable to the passage of water;
b. Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of 40
buoyancy;
c. Be certified by a registered professional engineer
or architect that the design and methods of con-
struction are in accordance with accepted stan-
dards 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's Building official.
d. Non-residential structures that are elevated, not
floodproofed, must meet the same standards for
space below the lowest floor as described in
Section 23 (7) (A) (a)
e. Applicants floodproofing non-residential buildings
shall be notified that flood insurance premiums.
ill be based on rates for buildings that are one
foot below the floodproofed level (e.g®, a build-
ing constructed to the base flood level will be
rated as one foot below that level).
C. Manufactured Homes. All manufactured homes to be
placed or substantially improved within the FP zone
shall be elevated on a permanent foundation such that 40
10. Manufactured Home Development Standards.
A. All manufactured homes to be placed or substantially
improved within the FP zone shall be elevated on a
permanent foundation such that the lowest floor of the
manufactured home is at or one foot above the base
flood elevation and shall be securely anchored to an
adequately anchored foundation system in accordance
with the provisions of Section 23(7)(A)(b).
B. The placement of a manufactured home in the floodway is
prohibited.
79 - ORDINANCE NO. PL -11
the lowest floor of the manufactured home is at or
above the base flood elevation and be securely anchored
to an adequately anchored foundation system in accor-
dance with the provisions of Section 23(7)(A)(b).
8. Construction Materials and Methods.
A.
All new construction and substantial improvement shall
be constructed with materials and utility equipment
resistent to flood damage.
B.
All new construction and substantial improvements shall
e constructed using methods and practices that mini-
mize flood damage.
C.
Electrical, heating, ventilation, plumbing 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.
9. Land
Development Standards in a Flood Hazard Area.
A.
In addition to the terms of subsections 7 and 8 of this
section, a subdivision or other land development,
•
including all utility facilities, within an FP zone
shall be designed and constructed to minimize flood
damage, including special provisions for adequate
drainage to reduce exposure to flood hazards.
B.
A land development which will alter or relocate a
watercourse shall be designed, constructed and main-
tained to retain the flood -carrying capacity of the
watercourse.
C.
A proposed land development of greater than either 50
lots or 5 acres shall include data showing the base
flood elevation.
10. Manufactured Home Development Standards.
A. All manufactured homes to be placed or substantially
improved within the FP zone shall be elevated on a
permanent foundation such that the lowest floor of the
manufactured home is at or one foot above the base
flood elevation and shall be securely anchored to an
adequately anchored foundation system in accordance
with the provisions of Section 23(7)(A)(b).
B. The placement of a manufactured home in the floodway is
prohibited.
79 - ORDINANCE NO. PL -11
11. Utilities Standards in a Flood Hazard Area.
A. A public utility or facility associated with a land
development within an FP zone shall be designed,
located and constructed to minimize or eliminate flood
damage and to avoid raising the water elevation in a
regulatory floodway.
infiltrationB. Any new or replacement water supply system shall be
designed, located and constructed to minimize or elimi-
nate infiltration of floodwaters into the system.
C. Any new or replacement sewerage system shall be
designed, located and constructed to minimize or elimi-
of •. - .; the system and
discharge from the system into the floodwaters.
12. Floodways. located within areas of special flood hazard
established in Section 23(2)(A) are areas designated as
floodways. Since the floodway is an extremely hazardous
area due to the velocity of floodwaters which carry debris,
potential projectiles and erosion potential, the following
provisions apply:
A. Encroachments, including fill, new construction, sub-
stantial improvements and other development are prohib-
ited unless certification by a registered professional
engineer or architect is provided demonstrating that
encroachments shall not result in any increase in flood
levels during the occurrence of the base flood dis-
charge.
B. If subsection (A) above is satisfied, all new construc-
tion and substantial improvements shall comply with all
applicable flood hazard reduction provisions of Section
23(7).
13. Technical Variances. A technical variance from the require-
ments of Section 23 may be granted by the Planning Director
or Hearings Body for new construction and for improvements
to existing structures which could not otherwise be autho-
rized, provided the construction or improvements are to be
erected or installed on a parcel of land one-half acre or
less in size, contiguous to or substantially surrounded by
lots with existing structures constructed elow the minimum
floor elevation established for flood protection purposes.
A parcel of land in excess of the one-half acre in single
ownership on the effective date of this Ordinance is not
excluded from the granting of a technical variance, but the
burden of proof required for issuing the variance increases
as the size of the property under single ownership
increases, and the variance shall be granted only if re -
80 - ORDINANCE NO. PL -11
quired to equalize circumstances, considering previously
developed land adjacent to the parcel for which a variance
is sought.
Variance.14. Historic preservation
be granted for the reconstruction, rehabilitation or restor-
ation of a structure listed on the National Register of
Historic Places or the State Inventory of Historic Places.
15. Other Variances. All other variance applications shall be
considered according to the terms of Section 31 of this
ordinance and the following factors:
A. The danger that materials may be swept onto others'
property.
B. The danger to life and property due to flooding or
erosion damage.
C. The susceptibility of the proposed facility to the
flood damage and the effect of such damage on the
individual owner.
D. The importance of the services provided to the com-
munity by the proposed facility.
E. The necessity to the use of a waterfront location,
where applicable.
F. The availability of alternate locations not subject to
flooding or erosion damage.
G. The relationship of the use to the area floodplain
management program.
H. The safety of access to the property in times of flood
for ordinary and emergency vehicles.
I. The expected height, velocity, duration, rate of rise
and sediment transport of the floodwaters and the
effect of wave action, if applicable, expected at the
site.
J. The cost of providing governmental and utility services
during and after flood conditions including maintenance
and repair of public utilities and facilities such as
sewer, gas, electrical and water systems, streets and
bridges.
16. Applicants for a variance shall include with their applica-
tion the following information:
81 - ORDINANCE NO. PL -11
A. The location of the property with reference to channel
location and flood profile elevation. 0
B. The existing topography and proposed grading plan for
the property. Contour intervals shall not be more than
one -foot for ground slopes up to,five percent and for
areas immediately • - . a stream, two -foot f•
ground slopes between five and ten percent and five-
foot for greater slopes.
revet-
ments,
17. Granting of Variances. The Hearings Body or Planning
Director may grant a variance upon a finding that the
variance will not result in increased flood heights, addi-
tional threats to public safety or extraordinary public
expense.
(Amended by Ordinance No. 88-042.)
Section 24. SITE PLAN REVIEW.
1. Purpose. The purpose of site plan approval is to ensure
compliance with the objectives of this Ordinance and the
Comprehensive Plan where development may cause a conflict
between uses in the same or adjoining zones by creating
unsightly, unhealthful or unsafe conditions and thereby
adversely affecting the public health, safety and general
welfare. The purpose shall also be to avoid creating undue
burdens on public facilities and services. In considering a
site plan, the Planning Director or Hearings Body shall take
into account the impact of the proposed development on
nearby properties, on the capacity of the street system, on
land values and development potential of the area and on the
appearance of the street and community.
2. Site Plan Requirements. In all zones, except for a single-
family, duplex or triplex unit on one lot, all new uses,
buildings, outdoor storage or sales areas and parking lots
or alterations thereof shall be subject to the provisions of
this section. Site plan approval shall not be required
where a proposed alteration of an existing building does not
exceed 25% of the size of the original structure unless the
Planning Director finds the original structure or proposed
alteration does not meet the requirements of this Ordinance
or other ordinances of the County.
40
82 - ORDINANCE NO. PL -11
E
A. Non-compliance with a final approved site plan or
development agreement shall be treated as a zoning
ordinance violation.
B. The applicant shall demonstrate continued compliance
with the approved landscape plan established under this
4. Procedure.
A. Prior to filing a site plan application, the applicant
shall be encouraged to confer with the Planning apart-
ment concerning the requirements of formal application.
B. The site plan application shall be filed on a form pro-
vided by the Planning Department and shall be accom-
panied by drawings containing information as specified
by the Planning Department. A minimum of eight (8)
copies of the site plan shall be submitted along with
such additional information as is deemed necessary for
the Planning Director or Hearings Body to adequately
review the application.
C. The Planning Director or Hearings Body shall approve,
with or without conditions, or disapprove the site
plan. In approving the plan, the Planning Director or
Hearings Body shall find that all provisions of this
Ordinance are complied with and that all buildings and
facilities, access points, parking and loading facili-
ties, lighting and walls or fences are so arranged that
traffic congestion is avoided and pedestrian and vehic-
ular safety and welfare are protected and there will be
minimal adverse effect on surrounding property. The
decision of the Planning Director or Hearings Body
shall be final unless appealed in accordance with the
County's land use procedures.
5. The Planning Director or Hearings Body may require the
following in addition to the minimum standards of this
Ordinance as a condition for site plan approval.
A. An increase in the required yards.
B. Additional off-street parking.
C: Screening of the proposed use by a fence or landscaping
or combination thereof.
D. Limitations on the size, location and number of lights.
83 - ORDINANCE NO. PL -11
E. Limitations on the number and location of curb cuts.
F. Dedication of land for the creation or enlargement of
streets where the existing street system will be
impacted y or inadequate to handle the additional
burden caused by the proposed use.
G. Improvement, including but not limited to paving,
curbing, installing of traffic signals and constructing
sidewalks of the street system which serves thepro-
posed use where the existing street system will be
burdened by the proposed use.
H. improvement or enlargement of utilities serving the
proposed use where the existing utilities system will
be burdened by the proposed use. Improvements may in-
clude, but shall not be limited to, extension of util-
ity facilities to serve the proposed use and instal-
lation of fire hydrants.
I. Landscaping of the site.
J. Any other limitations or conditions which it considers
necessary to achieve the purposes of this Ordinance.
6. Agreement and Security. The developer and owner shall, as a
condition of approval, execute a development agreement for
any improvements required on a form approved by the County
Counsel and may be required to file with the County a per-
formance bond or other security as approved by the County
Counsel to assure full performance of the required improve-
ments. The bond shall be for the cost of the improvements
plus lot.
7. Site Plan Criteria. Approval of a site plan shall be based
on the following criteria:
A. Safety and Privacy. Residential site plans shall be
designed to provide a safe living environment while
offering appropriate opportunities for privacy and
transitions from public to private spaces.
M. .- --.Handicapped. When deemed appropriate,
the site plan shall provide
.. .. -
.- for the specialneeds
handicapped persons, such as ramps for wheelchairs,
drop curbs and handicapped parking stalls.
C. Preservation of Natural Landscape. The landscape and
existing grade shall be preserved to the maximum prac-
tical degree, considering development constraints and
suitability of the landscape or grade to serve the
••� •
El
applicant's functions. Preserved trees and shrubs
shall be protected during construction.
D. Pedestrian and Vehicular Circulation and Parking. The
location and number of points of access to the site,
the interior circulation patterns, designs of parking
areas and the separation between pedestrians and moving
and parked vehicles shall be designed to promote safety
and avoid congestion on adjacent streets.
E. Buffering and Screening. Areas, structures and facili-
ties for storage, machinery and equipment, services
(mail, refuse, utility wires and the like), loading and
parking and similar accessory areas and structures
shall be designed, located, buffered or screened to
minimize adverse impacts to the site and neighboring
properties.
F. Utilities. All utility installations above ground, if
such are allowed, shall be located so as to minimize
adverse impacts on the site and neighboring properties.
G. Public Facilities. The proposed use shall not be an
undue burden on public facilities, such as the street,
sewer or water system.
8. Required Minimum Standards.
A. Minimum Landscaping Standards. All developments sub-
ject to site plan approval shall meet the following
minimum standards for landscaping:
a. A minimum of 15% of the area of a project for
multi -family, commercial and industrial develop-
ment shall be landscaped, subject to site plan
approval.
b. Street Trees. The placement, spacing and pruning
of street trees shall be as follows, although the
Planning Director or Hearings Body may adjust the
placement standard for special site conditions:
1. Street trees shall be located a minimum of
three feet from the face of a curb.
2. Trees shall be placed a maximum of thirty
feet apart. Trees shall be evenly spaced,
with variations to the spacing permitted for
specific site limitations and safety pur-
poses.
85 - ORDINANCE NO. PL -11
3. An approved tree grate shall be used for
trees planted in paved or concrete area.
4. As trees grow, they shall be pruned to
provide a minimumclearance of eight feet
above sidewalk and fourteen feet above
street, alley or roadway surfaces.
5. Existing trees may be used as street trees if
they are not killed or damaged from any new
development. Sidewalks of variable width an
elevation may be utilized to save existing
street trees.
6. Existing street trees removed by development
projects shall be replaced by the developer.
C. Areas of commercial and industrial zones used for
vehicle maneuvering, parking, loading or storage
shall be landscaped and screened as follows:
1. Landscape coverage of the landscape area
shall be fifty percent at the time of instal-
lation and ninety percent at five years.
2. Parking lot landscaping shall consist of a
minimum of seven percent of the total parking
area plus a ratio of one tree per ten parking
spaces to create a canopy effect.
3. Landscape buffers between parking areas and
streets shall have a minimum width of three
feet with no car overhang and eight feet with
a car overhang.
4. Landscape buffers between parking abutting a
property line shall have a minimum width of
three feet.
5. Front or exterior yard landscaping may not be
substituted for the interior landscaping
required for interior parking stalls.
6. There shall be a minimum distance of five
feet between parking areas and buildings in
parking areas adjacent to residential dwel-
lings and a five foot minimum height and
width of a continuous evergreen hedge screen
(or five foot minimum height of wall or
fence) in two years from the date a building
permit is issued. 48
+ ' •'NE20M
7. There shall be a minimum width of ten feet
for landscape buffers between buildings
adjacent to streets.
x. Landscape buffers shall consist of evergreen
ground cover and shrubs mixed with a variety
of flowering and deciduous species of trees
and
shrubs.
shall9. Landscaping in a parking or loading area
width of notlessthan five
feet. Landscaping in a parking or loading
area shall be located in defined landscapet
areas which are uniformly distributed
throughout the parking or loading area.
d. Provision shall be made for the irrigation of
planting areas.
e. Required landscaping shall be continuously main-
tained.
f. Vegetation planted in accordance with an approved
site plan shall be maintained by the owner, any
heir or assignee. Plants or trees that die or are
damaged shall be replaced and maintained.
B. Shared Areas. Usable outdoor recreation space shall be
provided for the shared use of residents and their
guests in any apartment residential development as
follows:
a. Units with one or two bedrooms: 200 square feet
of lawn per unit.
b. Units with three or more bedrooms: 300 square
feet of lawn per unit.
C. Storage. Areas shall be provided in residential devel-
opments for the storage of articles such as bicycles,
barbecues, luggage, outdoor furniture, etc.
D. Drainage. Surface drainage shall be contained on site.
fAmended by Ordinance No. 88-042.)
Section 25. OFF-STREET PARKING AND LOADING.
1. Compliance. No building or other permit shall be issued
until plans and evidence are presented to show how the off-
street parking and loading requirements are to be fulfilled
40 and that property is and will be available for exclusive use
87 - ORDINANCE NO. PL -11
as off-street parking and loading space. The subsequent use
of the property for which the permit is issued shall be
conditional upon the unqualified continuance and availabil-
ity of the amount of parking and loading space required by
this Ordinance.
2. Off -Street Loading. Every use for which a building is
erected or structurally altered to the extent of increasing
the floor area to equal a minimum floor area required to
provide loading space, and which will require the receipt or
distribution of 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:
Sq. Feet of Floor Area No. of Berths 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, hospi-
tals and institutions, schools and colleges, public
buildings, recreation or entertainment facilities and
any similar use which has a gross floor space of 30,000
square feet or more shall provide off-street truck
loading or unloading berths in accordance with the
following table.*
Sq. Feet of Floor Area
Less than 30,000
30,000 - 100,000
100,000 and Over
0
1
2
C. A loading berth shall contain space 10 feet wide, 35
feet long and have a height clearance of 14 feet.
Where the vehicles generally used for loading and
unloading exceed these dimensions, the required length
of these berths shall be increased.
D. If loading space has been provided in connection with
an existing use or is added to an existing use, the
loading space shall not be eliminated if elimination
would result in less space than is required to ade-
quately handle the needs of particular use.
r�
E. Off-street parking areas used to fulfill the require-
ments 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.
hereafter3. off-Street--Parki . off-street parking space shall be
provided and maintained as set forth in this section for all
uses in all zones, except for the CB zone. Such off-street
parking spaces shall be provided at the time a new building
is d or enlarged or the use of a building
effective • - ofthis ordinance
changed.
existing on the
p. • • off-street •..._ •shall meanpavedwith twoinches
of paving.
4. Number of Spaces Rectuired. Off-street parking shall be
provided as follows:
A. Residential.
One, two and three-family
2 spaces per dwelling
dwellings:
unit.
Multi -family dwelling
containing four or more
dwelling units:
Studio or Efficiency Unit:
.75 space per unit
One Bedroom Unit:
1.00 space per unit
Two Bedroom Unit
1.50 spaces per unit
Three Bedroom Unit
2.25 spaces per unit
Four Bedroom Unit
2.50 spaces per unit
Apartment, hotel, rooming
.50 space guest parking
or boarding house:
per dwelling unit.
B. Commercial Residential.
Hotel:
1 space per guest room
plus 1 space per 2
employees.
Motel:
1 space per guest room or
suite plus 1 additional
space for the owner or
manager.
Club or Lodge:
Spaces to meet the
combined requirements of
the uses being conducted
such as hotel,
restaurant, auditorium,
etc.
89 - ORDINANCE NO. PL -11
Fraternity, Sorority or 1 space for each 6
Dormitory: student beds.
Use Reguirement
C. Institutions.
Welfare or Correctional 1 space per 3 beds for
Institution, patients or inmates.
Convalescent Hospital,
Nursing Home, Sanitarium,
Rest Home, Home for the 1 space per 2 beds for
Aged.* patients or residents.
Hospital: 1.5 spaces per bed.
D. Places of Public Assembly.
Church: 1 space per 4 seats or
.8 feet of bench length in
the main auditorium.
Library, Reading Room, 1 space per 4.00 sq. ft.
Museum, Art Gallery.- of floor area plus 1
space per 2 employees.
Pre-school Nursery or 2 spaces per teacher.
Kindergarten:
Elementary or Junior High
1 space per
employee or 1
School:
space per 4
seats or 8
ft. of bench length in
auditorium,
whichever is
greater.
High School:
1 space per
employee plus
1 space for
each 6
students or
1 space per 4
seats or 8 feet of bench
length in the main
auditorium,
whichever is
greater.
College or Commercial
1 space per
3 seats in
School for adults-.
classrooms.
Other Auditorium or Meeting 1 space per 4 seats or
Room: 8 feet of bench length.
If no fixed seats or
benches, 1 space per 60
sq. ft. of floor area.
El
0
n
E. Commercial Amusement.
Stadium, Arena or Theater: 1 space per 4 seats or
8 feet of bench length.
Bowling Alley:•. spacesper - plus
space per 2
employees.
Dance Hall or Skating Rink: 1 space per 100 sq.
ft. of floor area plus 1
space per 2 employees.
Retail Store, except stores 1 space per 300 sq. ft.
selling bulky merchandise: of gross floor area.
Service or repair shops,
retail stores and outlets
selling furniture, auto-
mobiles or other bulky
merchandise where the
operator can show the bulky
merchandise occupies the
1 space per 600 sq. ft.
major area of the building:
of gross floor area.
Bank or Office (except
1 space per 300 sq. ft.
medical and dental):
of gross floor area.
Medical or Dental Office 1 space per 150 sq. ft.
or Clinic: of gross floor area.
Eating or drinking estab- l space per 120 sq. ft.
lishments: of gross floor area.
Mortuaries: 1 space per 4 seats or
8 feet of bench length
in chapels.
Beauty parlor and 3 spaces for each of the
barber shop: first 2 beauty or barber
chairs, and 1 1/2 spaces
for each additional
chair.
(Amended by Ordinance No. 88-042.)
G. Industrial.
Manufacturing
establishment:
91 - ORDINANCE NO. PL -11
1 space per employee on
the two largest working
shifts.
M
Storage Warehouse, 1 space per 2,000 sq. ft.
wholesale establishment, of gross floor area.
rail or trucking freight
terminal.
H. other uses not specifically listed above shall furnish
parking as required by the Planning Commission. The
Planning Commission shall use -above i •
for determining requirementsfor • other
A. More Than One Use on One or More Parcels. In the event
several uses occupy a single structure or parcel of
land, the total requirement for off-street parking
shall be the sum of the requirements of the several
uses computed separately.
B. Joint Use of Facilities. The off-street parking
requirements of two or more uses, structures or parcels
of land may be satisfied by the same parking or loading
space used jointly to the extent that it can be shown
by the owners or operators of the uses, structures or
parcels that their operations and parking needs do not
overlap in point of time. If the uses, structures or
parcels are under separate ownership, the right to
joint use of the parking space must be evidenced 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 dwellings. All other off-street parking shall
be located on the lot wit the use, or if not located on
the same lot, shall be first approved as a conditional
use. The applicant must prove that the parking located
on another parcel is functionally located and that
there is safe vehicular and pedestrian access to and
from the use. The burden of proving the existence of
such off -premises parking arrangements rests upon the
person who has the responsibility of providing parking.
D. Use of Parking Facilities. Required parking space
shall be available for the parking of operable passen-
ger 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
r Faclue�� s
dwellings, commercial and industrial use shall not be
located in a required front yard, but such space may be
located within a required side or rear yard.
6. Development and Maintenance Standards for -Off -Street Parking
Areas. Every parcel of land hereafter used as a public or
private area, including commercial parking lots, shall be
developed as follows:
An off-street parkingarea for ore than five vehicles
A.
shall be effectively screened by a site -obscuring
fence, hedge or planting on each side which adjoins a
residential use or property situated in a residential
zone or the premises of any school or like institution.
B. Any lighting used to illuminate the off-street parking
areas shall be so arranged that it will not project
light rays directly upon any adjoining property in an R
zone.
C. Except for single-family and duplex dwellings, groups
of more than two parking spaces shall be so located and
served by a driveway that their use will require no
backing movements or other maneuvering within a street
or right-of-way other than an alley.
D. Areas used for standing and maneuvering 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 residential uses, parking
and loading areas adjacent to or within residential
zones or adjacent to residential uses shall be designed
to minimize disturbance of residents.
F. Access aisles shall be of sufficient width for all
vehicular turning and maneuvering.
G. Service drives to off-street parking areas shall be
designed and constructed to facilitate the flow of
traffic, provide maximum safety of traffic access and
egress and maximum safety of pedestrians and vehicular
traffic on the site. The number of service drives
shall be limited to the minimum that will accommodate
and serve the traffic anticipated. Service drives
shall be clearly and permanently marked and defined
throughout by the use of rails, fences, walls or other
barriers or markers. Service drives to drive-in
establishments shall be designed to avoid backing
movements or other maneuvering within a street other
than an alley.
93 - ORDINANCE NO. PL -11
H. Service drives shall have a minimum vision clearance
area formed by the intersection of the driveway center
line, the street right-of-way line and a straight line
joining said lines through points 30 feet from their
intersection.
Parking spaces •ng the outer boundaries
area shall be contained by a curb or bumper rail so
placed to• prevent _ motor - - from extending o•.
an adjacent property line or a street right-of-way.
7. off -Street Parking Lot Design. All off-street parking lots
shall be designed in accordance with County standards for
stalls and aisles set forth in the following drawings and
table: ,•_
A.
B.
C.
D.
E.
F.
A B C D E F
91- 0" 9.0 12.0 .22.0 30.0
O 91- 6" 9.5 12.0 22.0 31.0
10'-0" 10.0 12.0 22.0 32.0
9'- 0" 19.8 13.0 12.7 52.5
45 9'- 61' 20.1 13.0 13.4 53.3
10'-0' 20.5 13.0 14.1 54.0
91- 0" 21.0 18.0 10.4 60.0
60 911- 6" 21.2 18.0 11.0 60.4
10'-0" 21.2 18.0 10.6 60.4
9'- 0" 21.0 19.0 9.6 61.0
70 91- 6" 21.2 18.5 10.1 60.9
10'-0" 21.2 18.0 10.6 60.4
9'- 0" 20.0 24.0 9.0 64.0
90 91- 6" 20.0 24.0 9.5 64.0
10'-0" 20.0 24.0 10.0 64.0
Parking Angle
Stall Width
20' Stall
Aisle Width - One Way*
Curb Length Per Car,
Bay Width
F_
L1
241 Minimum .Two -Way
a. For one row of stalls, use C and D as minimum bay width.
b. Public alley width may be included as part of dimension D,
but all parking stalls must be on private property, off the
public right-of-way.
C. For estimating available parking area, use 300-325 sq. ft.
per vehicle for stall, aisle and access areas.
d. For narrow lots, equivalent size stalls and aisles may be
approved by the Public Works Director.
e. For large parking lots exceeding 20 stalls, alternate rows
may be designed for compact cars provided that the compact
stalls not exceed 30 percent of the total required stalls.
A compact stall shall be 8 feet in width and 17 feet in
length with appropriate aisle width.
Section 25A. SPECIAL SETBACK PROVISIONS ON CERTAIN STREETS.
1. Future Width and Special Building Lines - Purpose and Desig-
nation of Streets. Because of heavy or arterial traffic
volume and congestion, existing or probable intensive or
commercial development of abutting properties, substandard
paving widths, the probability of inadequate sight distances
and other like conditions affecting traffic safety and
light, air and vision along streets, the City Commissioner
finds that the public health, safety and welfare require
that building setback lines, as hereinafter specified by,
and they hereby are, established on all properties abutting
the following named streets and sections of streets. Where
applicable, requirements set forth in this provision shall
be in addition to the yard requirements specified for the
zoning districts.
The distances set forth shall be measured from the center-
line and at right angles to the centerline of the street and
required yards are in addition to this setback.
Street Name
Neff Road
Denser Road
Highway 20
Highway 97
Boyd Acres Road
(Studio Road to
Reed Market Road
Ferguson
Blakely
Cooley
Butler Market Road
95 - ORDINANCE NO. PL -11
Setback From
Centerline to Yard
50 Feet
50 Feet
50 Feet
50 Feet
50 Feet
50 Feet
50 Feet
50 Feet
50 Feet
50 Feet
2. Landscape Strips and Special Building Lines - Purpose and
Designation of Streets. The purpose of this provision is to
conserve and enhance the appearance of the community along
certain streets of special significance to the community.
These streets are the entrance to the City for the traveling
public and the most frequently used streets in the community
by the general public. The deterioration of the general
appearance of these streets will adversely affect the
health, safety and general welfare of the people of the
County. Therefore, there is hereby specified and hereby
established on all properties abutting the following named
streets and sections of streets a 10 -foot building setback
line from the street right-of-way line. Said areas within
this special setback shall be landscaped and continuously
maintained by the property owner. Said landscaping shall be
installed upon the enlargement of the principal structure on
the property, the expansion of the use on the property or
upon the change in use on any property within the specified
sections of streets. Where applicable, the requirements set
forth in this provision shall supercede the yard require-
ments specified for the zones. (Amended by Ordinance
No. 88-042.)
Section 26. PROVISIONS APPLYING TO SPECIAL USE STANDARDS.
In addition to the standards of this Ordinance, the following
special uses shall comply with the provisions of this section:
A. Location. No portion of any service station shall
hereafter by constructed within 1,500 feet of any part
of a building housing another service station, except
where such other service station is abandoned and
subject to removal under this section. This shall not
prevent the remodeling of an existing service station.
This paragraph shall not apply to any service station
which includes as part of its operation on the site a
retail grocery store and a restaurant which provides
indoor service and seating for restaurant customers.
(Amended by Ordinance No. 87-031)
B. Minimum Lot Size. The minimum lot size for a service
station site shall be 12,000 square feet. The minimum
street frontage on the major traffic carrying street of
a corner lot shall be 100 feet. The minimum street
frontage for a service station site on an interior lot
shall be 120 feet. The minimum lot depth shall be 100
feet.
C. Setbacks. Service stations shall set back from prop-
erty lines not less than 10 feet. Attached or free-
97 - ORDINANCE NO. PL -11
standing canopies may not extend closer than 10 feet to
the property line. The minimum 10 -foot distance
between property line and building shall be appro-
priately landscaped as a continuation of the service
station's required landscaping.
D. Screening. A sight -obscuring fence or wall not less
than 6 feet or more than 8 feet or an evergreen hedge
planted at 4 feet and capable of obtaining 6 feet in
eight shall be provided between the service station
and abutting property in a residential zone or used for
residential purposes. Said wall, fence or hedge shall
be reduced to 2 1/2 feet in vision clearance areas. A
screened trash enclosure shall be provided on each
station site.
E. Landscaping. Landscaping shall be installed and main-
tained, occupying a minimum of 5 percent of the station
site's net area. Plans for landscaping shall be
approved during site plan review.
F. Lighting. Lighting shall be of such illumination,
direction, color and intensity as not to create a
traffic hazard. Wiring for the business and its signs
and light fixtures shall be underground.
G. Other Requirements. No storage of inoperative automo-
biles or parts thereof shall be permitted, except in
enclosed structures, for any period exceeding 72 hours.
Off-street parking space shall be provided for each
attendant of the largest shift. Sales storage and
display of merchandise shall be conducted within a
building, except for gasoline, oil, windshield wiper
blades and other accessories of like size. Use of
property for service station may also include the sale
and installation of motor vehicle accessories, minor
vehicle repairs (such as tuneups, tire repair and the
like), emergency vehicle repairs and any other sales,
service or activity otherwise permitted within the
zone.
H. Abandonment. Whenever a service station is not used as
such for a continuous period of nine months, all struc-
tures and facilities above and below the ground shall
be removed by the owner. Operation for at least 90
consecutive days shall be required to interrupt a
continuous nine-month period. All service stations
which are unused for nine months a provided above are
hereby declared to be nuisances and subject to abate-
ment as provided in this Ordinance.
97 - ORDINANCE NO. PL -11
2. Kennels, Riding Academies and Public Stables. In an UAR-10
or SR 2 1/2 zone, kennels, riding academies and public
stables shall be located not less than 200 feet from any,
property line, shall provide automobile and truck ingress
and egress and also provide parking and loading spaces so
designed as to minimize traffic hazards and congestion.
Applicants shall show that odor, dust, noise and drainage
shall not constitute a nuisance, hazard or health problem to
adjoining property or uses.
3. Cemetery, Crematory or Mausoleum. A cemetery, crematory or
mausoleum shall have its principal access on a major street
or road with ingress and egress so designed as to minimize
traffic congestion and shall provide required SR or off-
street parking space. Cemeteries located within any R zone
or abutting such zone shall establish and maintain appro-
priate landscaping and screening to minimize the conflict
with abutting residential uses.
4. Churches, Hospitals or Other Religious Institutions. In any
residential zone, churches, hospitals or other religious
institutions may be located on an arterial or collector
street. Such uses may also be located on a local street
provided that there is sufficient access to arterial or
collector streets and that such uses do not unduly impact
residential areas. Access and required off-street parking
shall be designed so as to minimize impact on existing
traffic patterns and adjoining properties. All buildings
shall be set back 30 feet from side and rear lot lines and
all off-street parking facilities shall be screened from
abutting properties. No sign shall exceed 10 square feet in
size or be internally illuminated. (Amended by Ordinance
No. 88-044.)
5. Community Buildings, Social Halls, Lodges, Fraternal Organi-
zation and Clubs. All buildings shall be set back a minimum
of 30 feet from a side or rear lot line. There shall be no
external evidence of any incidental commercial activities
taking place within the building. All such uses shall be
located on a major street or road and be able to provide
access without causing traffic congestion on local residen-
tial streets.
. Drive-in Theaters. rive -in theaters shall be located only
on a major street or road, shall provide ingress and egress
so designed as to minimize traffic congestion, shall be so
screened from any residential zone or dwelling that any
noise shall not disturb residents or prospective residents,
shall maintain signs and other lights only in such a way as
not to disturb neighboring residents and shall be so design-
ed that the screen will be set back from and shall not be
clearly visible from any highway.
98 - ORDINANCE NO. PL -11
7. Keeping of Livestock. The Planning Commission may authorize
the keeping of livestock as a conditional use in an RS, SR
or R zone, subject to the following standards:
A. one horse, cow, goat, sheep, swine or other livestock
shall have a corral or pasture with a usable area of at
least 7,500 square feet; two horses, cows, goats,
sheep, swine or other livestock, at least 10,000 square
feet; and for each additional horse, cow, goat, sheep,
swine or other livestock,least f t f squarebut in no case shall the above use be allowed on any
parcel of land less than one acre in size.
feet,
B. No enclosure for horses, cows, goats, sheep, swine or
other livestock shall be located closer than 100 feet
to a neighboring dwelling.
C. Fences erected in connection with the keeping of live-
stock shall be of lumber or other standard fencing
material (not including barbed wire or electric fence),
shall be kept in good repair and shall be at least 4
feet in height. A fence shall meet the setback
requirements of the zone.
8. Mobile Home Park.
A. The minimum area for a mobile home park shall be
acres.
B. The average area of mobile sites within the mobile home
park shall not be less than 4,000 square feet, exclud-
ing roadways, recreation areas and other accessory
facilities. No mobile home site shall have an area
less than 2,000 square feet.
C. A sight -obscuring fence or hedge not less than 6 feet
high shall enclose the mobile home park, except at
points of entry and exit.
D. Two parking spaces shall be provided for each mobile
home site. In addition, guest parking spaces shall be
provided in every mobile home park within 200 feet of
the mobile home sites served, at a ratio of one parkin
space for every two mobile home sites.
E. Development of mobile home parks shall meet with all
the specifications of the Oregon State Department of
Commerce.
9. Temporary Permits for Mobile Homes. Temporary use permits
for mobile home or trailer house type units may be autho-
rized by the Planning Director in the following circum -
99 - ORDINANCE NO. PL -11
stances upon such terms and conditions as prescribed by the
Planning Director. 0
A. Temporary use permits may be granted in favor of
schools for a specified time.
B. Temporary use permits may be granted in residential
zones for relatives of the family residing on the
property if the mobile home will be -• because of a
medical problem requiring the use of such a unit. The
existence of a medical problem shall be supported by
the certificate of a medical doctor. The permit shall
not exceed one year and may only be renewed with
another certificate from a medical doctor.
C. Temporary use permits may be granted in connection with
construction projects. The duration of such permits
shall not continue beyond the construction period and
the permit shall terminate upon occupancy of the build-
ing being constructed. The Building Official may issue
such permits.
10. Mines, Quarries, Gravel Pits or Gravel Removal Sites.
Extractions from deposits of rock, stone, gravel, sand,
earth, minerals or building or construction materials, shall
not be construed to be a permitted use in any zone of this
Ordinance (except as outlined in Section 11 for permitted
uses in an SM zone) unless a conditional use permit shall
first have been obtained as provided in Section 29, except
for on-site excavation and grading in conjunction with a
specific construction or improvement project. The Planning
Commission shall have the power to grant conditional use
permits, which are valid for a specific period of time or
are revocable, to permit extractions from deposits of rock,
stone, gravel, sand, earth, minerals or building or con-
struction materials. Odors, dust, noise or drainage shall
not be permitted to create or become a nuisance to surround-
ing property.
11. Mobile Home Standards. Mobile homes may be allowed outright
on individual lots (of 5 acres and above), but mobile home
subdivisions or planned unit developments shall meet the
following minimum requirements:
A. Insignia of Compliance. The mobile home shall conform
to the current Oregon State electrical, plumbing hear-
ing and structural codes whose conformance shall be
signified by the display of the "Insignia of Compli-
ance" of the State of Oregon, pursuant to and pre-
scribed under applicable state statutes ORS 446.002 and
ORS 446.200 and all subsequent amendments thereto.
B. Skirting. The unit shall have continuous skirting of
non -decaying, non -corroding, rodent -proof material.
Skirting shall be vented. An 18 x 24 inch access shall
be provided in the skirting. Skirting shall be instal-
led within 60 days of the date of issuance of the
building permit.
C. Storage and Accessory Requirements. Each mobile home
shall be provided with an accessory building which
encloses a minimum of 70 (7 x 10) square feet for
accessory storage. The accessory storage building
shall be constructed to the Uniform Building Code
standards. Construction of required storage building
shall be completed within 60 days of the date of
issuance of the building permit.
D. Permits. A building permit shall be obtained from the
Building Official prior to move -in and location of any
mobile home on any tract of land and shall include
other site -constructed buildings or structures.
E. Special Setbacks. Special setbacks, as determined by
the Planning Director, may be required in areas with
scenic impact and in all areas designated for landscape
management on the Comprehensive Plan. Also, special
is setbacks and landscape requirements may be required
where the property adjoins frame -dwelling residential
units.
12. Utilities. The erection, construction, alteration or main-
tenance by public utility or municipal or other governmental
agencies of underground, overhead, electrical, gas, steam or
water transmission or distribution systems, collection,
communication, supply or disposal system, including poles
towers, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic sig-
nals, hydrants and other similar equipment and accessories
in connection therewith, but including buildings, may be
permitted in any zone. Utility transmission and distribu-
tion lines, poles and towers may exceed the height limits
otherwise provided for in this Ordinance. However, in
considering an application for a public utility use, the
Hearings Body or Planning Director shall determine that the
site, easement or right-of-way is located so as to best
serve the immediate area, and in the case of a right-of-way
or easement, will not result in the uneconomic parceling of
land. As far as possible, transmission towers, poles,
overhead wires, pumping stations and similar gear shall be
so located, designed and installed as to minimize their
effect on scenic values.
101 - ORDINANCE NO. PL -11
13. Rear Lot Permits. V 0
A. Purpose. The purpose of this section is to permit,
development of deep lots in residential areas which are
incapable of being subdivided or otherwise developed
under the strict application of this Ordinance. No
deep lots or other larger parcels of land may be
developed under this section if the property is physi-
cally capable of being subdivided, either separately or
in conjunction with adjacent properties, either now or
in the future. Any property proposed to be developed
under this section shall comply with all of the follow-
ing eligibility and development requirements.
H. Eligibility. Property must be less than 4 acres in
area. Property must be so situated that further sub-
division or segregation under terms of other applicable
County ordinances and regulations is not possible,
either individually or in conjunction with any other
adjacent property. Minimum Area: Twice that required
by the applicable zone. Minimum Depth: 200 feet.
Minimum Width: As required by applicable zones.
C. Development Standards. Provided the eligibility
requirements are met, a permit may be issued subject to
the following standards and criteria:
Front Parcel: Minimum Lot Width: Ten feet less than
required by applicable zones. Minimum Lot Depth: One
hundred feet. Yard Requirements: Same as required in
applicable zones.
Rear Parcel: Access Way Minimum: Twenty feet for
first 150 feet; 30 feet if access way is greater than
150 feet.. Maximum Access Way Width: Thirty feet.
Yard Requirements: No building shall be erected within
10 feet of any property line. Lot Area. Area of rear
lot shall be within 15 percent of the area of the front
lot and shall be an integral part of the rear lots.
Access way shall be paved. Development of property is
subject to approval by the Site Plan Committee. Appli-
cant shall submit a site plan for all buildings, struc-
tures and other improvements, such as roadways, walks
and parking facilities to the Site Plan Committee for
approval. All improvements made on the property shall
conform to the plans as approved by the Site Plan
Committee.
14. Home Occupation. An occupation carried on within a dwelling
by members of the family occupying the dwelling with no
servant, employee or other persons being engaged, provided
the occupation is conducted in such a manner as not to give
102 - ORDINANCE NO. PL -11
an outward appearance nor manifest any characteristics of a
business in the ordinary meaning of the term nor infringe
upon the right of neighboring residents to enjoy the peace-
ful occupancy of their homes. Such occupations shall be a
secondary use on the premises, shall not occupy more than 25
percent of the floor area of one floor of the dwelling and
there shall be no stock in trade stored or displayed or
goods sold upon the premises. Signs shall be permitted
according the provisions of the Sign Ordinance. For pur-
poses of this Ordinance, nursery schools and kindergartens
shall not be considered home occupations in residential
zones.
15. Landing Strips for Aircraft and Heliports. All landing
strips and heliports for aircraft shall be so designed and
facilities so oriented that the incidents of aircraft
passing directly over dwellings during their landing or
taking off pattern is minimized. They shall be located so
that traffic, both land and air, shall not constitute a
nuisance to neighboring uses. The proponents shall show
that adequate controls or measures will be taken to prevent
offensive noise, vibrations, dust or bright lights. New
landing strips and heliports shall not be construed to be a
permitted use in any zone established by this Ordinance
unless and until a conditional use permit shall first have
been secured therefor.
16. Day Care Facility. Day care facilities shall have a minimum
site size of 5,000 square feet and shall provide and there-
after maintain outdoor play areas with a minimum area of 100
square feet per child of total capacity. All outside play
shall be enclosed by a fence of at least four feet but not
more than six feet in height. Day care facilities and
nursery schools shall provide adequate off-street parking
and loading spaces and may be required to provide a driveway
designed for continuous forward flow of passenger vehicles
for the purposes of loading and unloading. (Amended by
Ordinance No. 88-042.)
17. Housing for the Elderly. The purpose of this section is to
establish standards for housing developments for the elderly
within the RH zone. Housing developments for the elderly
shall be exempted from applicable zone regulations only
insofar as the provisions in the section conflict with
appropriate regulations.
A. The minimum lot area for single and two-family dwell-
ings shall be 5,000 square feet. For each additional
dwelling unit, the original lot's area shall be in-
creased by 360 square feet provided that more than 50
percent of the dwelling units shall be studio apart-
ments. For the purpose of this section, a studio
103 - ORDINANCE NO. PL -11
apartment is defined as an apartment with one principal
room and having no bedrooms.
B. The combined lot coverage of all structures shall not
exceed 50 percent of the lot area.
C. Off-street parking shall be provided as follows® Total
Off -Street Parking Area - .75 space per dwelling unit.
Improved Off -Street Parking Area - .33 space per
dwelling unit. As long as the multiple -fa ily dwelling
serves as housing for the elderly in terms of the
original intent for the development, the smaller
parking requirement shall apply. Any applicant must
provide a site plan showing the total off-street
parking area including access and parking spaces in the
event the development ceases to serve as housing for
the elderly or requires additional parking. In the
event that the development ceases to serve as housing
for the elderly in terms of the original intent of the
development, the larger off-street parking area does
not meet the parking needs of the development, the
Planning Commission may require development of the
total or larger off-street parking area.
18. Plant Nursery. Plant nursery deals primarily in the raising
and selling of shrubs, trees, ornamental bedding plants and
the like. Such a use may be approved in a UAR, SR 2 1/2, RS
or RL zone upon compliance with the following standards®
A. Locate on an arterial street.
B. If the proposed location is on a major highway, such as
97 or 20, then access to the site shall be from a
frontage road or secondary street.
C. Since these operations are commercial in nature, they
shall be permanently and well landscaped, respecting
the character of a residential area or entrance into
the community.
D. Site plan review shall consider the need for a subdued
use of lights, the need for adequate parking, berms,
screens, etc., for separation of the parking and activ-
ities from existing and future residences.
19. Low -head hydroelectric generating facilities shall be
considered a conditional use in all zones subject to the
procedures of Section 29 and the following standards:
A. No new hydroelectric facilities shall be constructed,
and no existing hydroelectric facilities shall be M
enlarged or expanded in size of area or generating
104 - ORDINANCE NO. PL -11
capacity on the following rivers and streams within the
Bend Urban Growth Boundary:
a. Tumalo Creek.
B. Hydroelectric - are allowed
use on the Deschutes River within the Bend Urban Growth
Boundary (from River Mile 171 below Lava Island Falls
downstream to.River Mile 160). Such conditional use
within the Bend Urban Growth Boundary shall be governed
by the conditions set forth in Section 29 of this
ordinance.
II. - • -• i • -ff
•'- f
20. Destination Resorts.
A. Information to be supplied by the applicant:
a. Proposed land uses and densities.
b. Building types.
c. Circulation pattern.
d. Park, playground and open space.
e. Existing natural features.
f. Impacts on schools, roads, water and sewerage
systems and fire protection.
g. Proposed ownership pattern.
h. Waste disposal facilities.
i. Water supply system.
j. Lighting.
k. General timetable for development.
B. The conditional use permit may be granted upon the
following findings:
a. That any exceptions from the standards of the
underlying zone and subdivision ordinance are
warranted by the design and amenities incorporated
in the development plan.
b. That the proposal is in harmony with the surround-
ing area or its potential future use.
WINNON DO •
c. The system of ownership and the means of develop-
ing, preserving and maintaining open space is
adequate.
d. That sufficient financing exists
the proposed development will be substantially
completed in the timetable outlined by the appli-
e. That open space, which is land not in streets or
structures, shall comprise 65 percent of the land.
f. That adequate provision is made for the preserva-
tion of natural resources such as bodies of water,
natural vegetation and special terrain features.
g. That the areas of activities are contained in the
center of the development or that adequate buffer
yards are established to protect adjacent private
lands.
C. Dimensional Standards.
a. The minimum lot area, width, frontage and yard
requirements otherwise applying to individual
buildings of the zone in which the development is
located do not apply within a destination resort.
b. The Hearings Body or Planning Director shall
establish yards, height limitations, space between
buildings for the development or may delegate this
to the Site Plan Committee
D. Commercial uses designed and sized to meet the needs of
the development's population are allowed subject to the
following®
a. That such use shall be contained within the devel-
opment.
b. That adequate screening and site design shall
insure compatibility between these activities and
adjacent uses.
(Amended Ordinance No.
21. Solar Setbacks.
A. Purpose. The purpose of this section is to provide as
much solar access as practical during the winter solar
heating hours to existing or potential buildings by
C
E
requiring all new structures to be constructed as far
south on their lots as is necessary and feasible.
B. Standards. Every new structure or addition to an
existing structure shall meet the following standards
except as provided in (C) below:
a. South Wall Protection Standard. The south wall
protection standard is established in Appendix A,
and all new structures or 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 dimen-
sions as determined by the Planning Director, then
the structure or addition must be located as far
to the south on the lot as feasible and must meet
the standard set forth in (2) below.
b. South Roof Protection Standard. All new struc-
tures or additions to existing structures shall
meet the standard for south roof protection set
forth in Appendix B.
c. Exceptions. The south roof protection standard
40 shall not apply only if the applicant establishes:
1�1
1. That the structure cannot be located on the
lot without violating the requirements con-
tained 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.
a. The governing body may exempt from the provision
of this section any area which it determines that
solar uses are not feasible because the area is
already substantially shaded due to heavy vegeta-
tion, steep north facing slopes and any area or
zone in which taller buildings are planned.
107 - ORDINANCE NO. PL -11
b. The Planning Director shall exempt a structure
from the provisions of this section if the struc-
ture 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.
C. The Planning Directorexempt
from the provisions of Section 26, subsection
(18), of this Ordinance if the structure is in
conformance with a solar height restriction as
provided in Sections 4.300 and 6.030 of Ordinan
81-043, Deschutes County Subdivision/Partition
Ordinance, amended.
•-•
(Amended by Ordinance No. 83-041.)
22. Solar Access Permit.
A. Purpose. The purpose of this section is to provide
solar access to productive solar collectors by estab-
lishing limitations, on a case by case basis, for the
growth of vegetation on certain lots in the vicinity of
a productive solar collector.
B. Application for Solar Access Permit.
a. Any owner may submit an application for a solar
access permit to provide solar access for a
productive solar collector located on the owner's
real property.
b. The application for a solar access permit shall be
on forms prescribed by the County and shall con-
tain, 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.
LJ
4. A sunchart and a statement of the solar
heating hours for which solar access is
sought.
5. A statement that there is no reasonable
alternative location for the solar collector
that would result in a lesser burden on a
neighboring lot.
6. A statement that trimming the vegetation on
the applicant's lot will not permit an alter-
native 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 street, 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 vegeta-
tion likely to encroach on the protected
area.
S. A statement that none of the lots impacted
are located on a north -facing slope with a
grade that exceeds, on average, 15 percent.
9. A plot plan showing the location of and
delineating all exempt and non-exempt vegeta-
tion as shown on the sunchart photograph 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.
solarC. The access permit applicationbe
approved
1. The solar collector is or will be a produc-
tive solar collector.
109 - ORDINANCE NO. PL -11
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 location
that would be less burdensome upon a burdened
neighboring lot. A solar access permit shall
also be denied under this paragraph if there
is an alternate location that would impose a
lesser burden on a neighboring lot or lots.
3. The applicant requests solar heating hours no
greater than two hours before and after the
solar zenith from September 22 to March 21,
and three hours before and after the solar
zenith from March 22 to September 21.
4. The solar access provided by the permit does
not burden any lot with a north -facing slope
with a grade that exceeds, on average, 15
percent or which is more than 150 feet from
the solar collector.
5. The application is accurate and complete.
C. Solar Access Permit Issuance and Recordation.
a. Upon the approval of an application, the County
shall issue and acknowledge a solar access permit
creating the solar access requested in the appli-
cation.
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 application on
file in County Records.
C. The form of the solar accesspermit shall be as
prescribed by the County • shall contain
minimum:
1. A legal description of the applicant's lot
and each neighboring lot to be burdened by
the solar access created by the solar access
permit.
C]
2. A complete description of the solar access
restrictions applicable to each neighboring
lot, including the solar heating hours during
which solar access is provided and a sunchart
showing the plotted skyline, including vege-
tation and structures, and a scaled drawing
showing the size and location of the pro-
tected area and its orientation with respect
to true south.
reference - - the approved application
11...x: be
obtained.
..._-t'.
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.
TerminationE. Solar Access Permit.
a. The Planning Director shall terminate the solar
access permit with respect to all or part of the
neighboring lots burdened by the solar access
permit if a petition for termination is submitted
by the applicant or the applicant's successor in
interest or the collector is not productive for 12
consecutive months.
b. The County Clerk shall record the termination of
the solar access permit in the chain of title of
each lot affected by the termination.
(Amended by Ordinance No. 83-041.)
3. Time -Share Unit.
A. Purpose. The purpose of this section is to establish
standards for time-share uses within the applicable
zoning district in this Ordinance.
a. Any time-share unit shall have its primary access
on a collector street that does not pass through
111 - ORDINANCE NO. PL -11
an existing developed residential area or on an
arterial.
b. Time-share units in any residential zone and the
U -10 zone.*
1. New time-share units may - developed
. -_s in applicable zoning district
provided that suchdevelopment • I •
above .,,.. - following:
i. That the density of the development shall
not exceed that of the existing predominant
density pattern within 500 feet of the site.
ii. That such development is appropriately
buffered by the use of yards, landscaping,
etc., from adjoining properties as determined
during site plan review considering the need
for privacy and the effects of noise.
2. Development of time-share units in the RM or
RH zones may be allowed provided they comply
with (a) above and are buffered from adjacent
residentially zoned neighborhoods by yards,
landscaping, berms or other similar features. to
. The Hearings Body or Planning Director may
require bonds to assure installation and
maintenance of landscaping, parking and
facilities that are part of the buffering
scheme. It any also require that an adequate
mechanism will exist, such as an owners'
association that will assure maintenance of
such required facilities.
C. Each time-share unit shall be landscaped and
buffered. The landscaped and buffering plan shall
be determined by site plan review giving consider-
ation to the need for privacy and the effects of
noise.
f. No structure shall be utilized as a time-sharz
unit unless all _ units in h development
project are used as time-share units forthis
purpose.
(Amended by Ordinance No. 83-045.)
0
s.� �
0 24. 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 condi-
tional use in accordance with the following standards:
application _ _ . containing
with the following information.
detailed explanation of th- planned fill or
removal including the amount of material •,
be filled or removed.
2. An explanation of why the fill or removal is
necessary.
3. 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:
i. An inventory of existing vegetation.
ii. The proposed modifications, if any, to
the vegetation.
iii
. -
iii. Existing and proposed site contours.
iv. Location of property lines, easements
and high-water marks.
V. Other site elements or information which
will assist in the evaluation of the proposed
fill or removal.
4. A letter from the Oregon Department of Fish
and Wildlife stating that there will be no
adverse impacts upon fish or wildlife habi-
tats from the proposed fill or removal.
a. Public facility and service uses, such as con-
struction or maintenance of roads, bridges,
electric, gas, telephone, water, sewer transmis-
sion 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:
113 - ORDINANCE NO. PL -11
1. That all necessary state and federal permits
will be obtained as a condition of approval
of the conditional use.
2. That - roads, bridges,.
streamdistribution lines and related facilities
cannot, as a practical matter, be located
outside of the wetland or bed and bank of the
or river.
91constructionr maintenancerequirl
ing the fill or removal will be done in a
mannerdesigned i tominimize-adverse
impact upon the wetland, stream or river.
4. That erosion will be adequately controlled
during and after construction.
5. That the impacts on fish and wildlife habitat
from the fill or removal will be minimized to
the greatest extent practical.
C. Fill or removal required for public park and
recreation areas, natural and outdoor education
areas, historic and scientific areas, wildlife
refuges, public boat launching ramps, public docks
and public walkways shall not be allowed as a
conditional use unless the following findings are
made:
1. That all necessary state and federal permits
will be obtained as a condition of approval
of the conditional use permit.
2. That only the minimum removal of vegetation
or material and dredging or excavation neces-
sary for construction and maintenance will be
done.
3. That the specific location of the site will
require the minimum amount of disturbance to
the natural environment, considering alterna-
tive locations in the area and methods of
construction.
4. That such construction and maintenance is de-
signed and done in such a manner as to mini-
mize the adverse impact on the site.
5 That erosion will be adequately controlled
during and after construction.
6. That the impacts on fish and wildlife habitat
by the fill or removal will be minimized to
the greatest extent practical.
d. Except for uses identified in subsections (b) and
(c) 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:
,_ Shall be granted only after consideration
Directorthe Planning - following
i. The effects on public or private water
supplies and water quality.
ii. The effects on aquatic life and habitat.
iii. The effects on wildlife habitat.
iv. Recreational, aesthetic and economic
values of the affected water resources.
V. Effects on the hydrologic characteris-
tics of the water body, such as direction and
velocity of flow, elevation of water surface,
sediments transportation capacity, stabili-
zation of the bank and flood hazards.
vi. The character of the area, considering
existing streambank,
and fill or removal
previously occurred.
stabilization problems
projects which have
2. Shall not be granted unless all of the
following conditions are met:
i. That all necessary state and federal
permits will be obtained as a condition of
approval of the conditional use.
proposedii. That there is no practical alternative
to the - - _.
impact on - surrounding area, considering
the factors established in subsection (d)(1)
above.
iii. That there will be no significant im-
pacts on the surrounding area, considering
the factors established in subsection (d)(1)
above.
115 - ORDINANCE NO. PL -11
iv. That erosion will be adequately con-
trolled during and after the project®
V. That vegetation will maintain the essen-
tial character, quality and density of
existing growth. Additional vegetation shall
be required if necessary to protect aquatic
life habitats, functions of the ecosystem,
wildlife values, erosion and aesthetic
resources.
vi. That the proposed fill or removal
• consistent with all relevant
-
goals and policies of the Deschutes County
Comprehensive
vii. That a conservation easement, as defined
in Section 4(46) of this Ordinance shall be
conveyed to the County which provides, at a
minimum, that all elements of the project
will be carried out and maintained as ap-
proved, in perpetuity, for the regulated fill
or removal area, and all real property on the
same lot within 10 feet of any wetland, river
or stream®
(Amended by Ordinance No. 86-058.)
A. Purpose. This section is intended to make possible a
more desirable living environment than would be poss-
ible through a strict application of the provisions of
this Ordinance. It is intended to encourage reserva-
tion of a greater proportion of open space for visual
and recreational uses; to encourage efficient, aesthe-
tic and desirable uses of land; and to encourage
greater diversity and variety in the physical develop-
ment pattern of the County. A permit may not be issued
for the erection of a dwelling group unless such dwell-
ing group conforms to all of the following conditions
and requirements:
a. The area of the lot on which the dwelling group is
to be erected shall be at least 20 percent greater
than the aggregate of the minimum lot areas other-
wise required for the individual dwellings in the
group.
b® Each building containing a dwelling in the group
shall front either on a street or other public
open space at least 50 feet wide or on a common
LJ
yard or outer court, public or private, not less
than 50 feet wide.
c. The distances between two principal buildings
shall not be less than the average of their
heights and the distance between any principal
buildings and the nearest lot line other than a
front lot line shall not be less than the height
of the building.
d. Every building containing a dwelling in the group
shall be within 60 feet of an access roadway or
drive having a right-of-way of at least 20- feet
in width providing vehicular access from a public
street.
e. Such dwelling group shall conform to all of the
requirements of this Ordinance for the district in
which it is to be located, except as provided in
this section.
f. All dwelling groups shall be subject to site plan
approval as provided in section 24.
(Amended by Ordinance No. 88-042.)
26. Bed and Breakfast Inn. The inn shall be subject to an
annual review for at least the first three years after which
time, the Planning Director or Hearings Body, after public
hearings, may approve a permanent permit for the inn. The
following minimum standards shall also apply:
A. All inns shall be owner -occupied.
B. Each guest room shall have one off-street parking
space, in addition to the parking required for the
dwelling by the provisions of Section 25.
C. All inns shall be inspected and approved by the County
Building Official prior to the issuance of an occupancy
permit. Inspection is limited to egress and fire
protection. Dwellings must meet all requirements for
egress as defined.in the State of Oregon Uniform Build-
ing Code. A fee shall be paid for inspections.
D. Only rooms designed as sleeping rooms shall be used for
guest rooms. Guest rooms shall be protected by a smoke
detector as required by state code.
E. There shall be at least 400 feet of separation along
the same street between inns.
117 - ORDINANCE NO. PL -11
F. Signing shall be in accordance with the County Sign
Ordinance.
G. The bed and breakfast inn shall maintain an up-to-date
est register listing all guests.
H. If an approved inn is not established within one year
of the approval date, or if the use of the residence as
an inn lapses for over one year, the approval shall
automatically expire and a new application will be
required.
I. All inns shall comply with the provisions of the
County's Transient Room Tax Ordinance, where
applicable."
(Amended by Ordinance No. 88-042.)
27. Temporary Use. Temporary structures and uses are permitted
only after obtaining a temporary use permit from the Plan-
ning Director, and as follows:
A. In the CC, CL, CG, CH and CB zones:
a. Christmas tree sales from November 26 to December
31.
b. Fireworks sales from June 23 to July 5.
C. Non-profit organizations' fund-raising sales if
the non-profit status of said organization is
recognized by the Internal Revenue Service, not to
exceed 15 days in any 60 -day period.
B. In the CH zone, other temporary uses may be allowed for
a period not to exceed 15 days in any 60 -day period.
Use of a parcel for more than one temporary use in any
60 -day period shall be subject to site plan review in
accordance with all standards of this Ordinance.
C. All temporary uses allowed by Section (27) .(A) and (B)
above shall satisfy the following standards:
1. All necessary permits shall be obtained
County EnvironmentalHealth
b. All signs shall not exceed a combined total of 32
square feet or a sign permit shall be obtained in
accordance with the County Sign Ordinance.
C. All material employed in the temporary use, such
as produce, shelters and debris, shall be removed
by the applicant or property owner at the end of
the activity.
.. Access and parking shalladequate
(Amended by ordinance
28. Manufactured Homes.
A. General Provisions.
a. Manufactured home parks are permitted with site
plan review approval in the RM and RH zones in
accordance with the standards of this section and
the standards for site plan approval.
b. In addition, manufactured home parks and subdivi-
sions may be planned under the provisions for
planned developments, which may be used to provide
for individual ownership of manufactured homes and
sites and common ownership and maintenance of
other lands and facilities.
C. Manufactured home subdivisions for Class A manu-
factured homes are permitted with site plan
approval in the RS zone in accordance with the
standards in this section and all other provisions
of this Ordinance. Manufactured home subdivisions
for Class B manufactured homes are permitted as a
conditional use in the RS zone in accordance with
the standards of this Ordinance.
d. Nothing in these provisions shall be interpreted
as superseding deed covenants or restrictions.
e. Except as otherwise provided by this section, the
standards for subdividing and developing land
within manufactured home parks and subdivisions
shall be the same as for all other developments in
accordance with the provisions of this Ordinance.
f. State Requirements. Where standards for manufac-
tured home developments are established by state
law or Department of Commerce Administrative Rule,
such requirements shall be in addition to the
provisions of this section.
g. Manufactured Housing Construction and Safety Stan -
40 dards Code (also referred to as the HUD Code).
119 - ORDINANCE NO. PL -11
Title VI of the 1974 Housing and Community Devel-
opment Act (42 U.S.C. 5401 et seq), as amended
(previously known as the Federal Mobile Home Con-
struction and Safety Act), rules and regulations
adopted thereunder (including information supplied
by the home manufacturer, which has been stamped
and approved by a Design Approval Primary Inspec-
tion Agency, and agent of the U. S. Department of
Housing and Urban Development pursuant to HUD
les), and regulations and interpretations of
said code by the Oregon Department of Commerce,
all of which became effective for mobile/manufac-
tured home construction on June 15, 1976, shall be
utilized as the minimum construction standard of
the County to which all manufactured home place-
ments shall comply except as may be exempted by
this section.
h. Definitions. For purposes of this section only,
the definitions of terms used herein and not
defined in Section 4 of this Ordinance shall be as
defined in ORS Chapter 446 or Oregon Administra-
tive Rules Chapter 814, Division 23, as amended.
B. Manufactured Home Classes. For purposes of these regu-
lations, manufactured homes are divided into the
following types:
a. A Class A manufactured home shall:
1. Have more than one thousand (1,000) square
feet of occupied space in a double -section or
larger multi -section unit;
2. Be placed onto a permanent foundation as
specified in Section 26(28)(C)(b);
3. Have wheels, axles and hitch mechanisms
removed;
4. Have utilities connected in accordance with
Oregon Department of Commerce requirements
and manufacturer's specifications;
5. Bear an insignia of compliance with theManu-
factured Housing Construction and Safety
Standards Code and be either:
i. A new, not previously occupied unit; or
ii. A unit which is found, upon inspection,
to be in good condition and free of struc-
120 - ORDINANCE NO. PL -11
C
tural, electrical, mechanical and plumbing
defects, any of which must be corrected prior
to placement.
. Have shake, shingle, composition or tile
roofing materials similar in appearance to
the most predominant type in the area. The
roof pitch shall be a minim of 3/12;
7. Siding materials and trim shall be similar in
appearance or complementary to other homes in
the area including the type, color and hori-
zontal or vertical placement of materials;
8. If a garage or carport will be provided, it
shall be of like materials and color to the
dwelling;
9. The location and design of porches, patios,
driveways, walkways and landscaping shall be
reflective of and complementary to the
features of homes in the area;
10. If new and previously unoccupied, shall be
certified to meet energy efficiency perfor-
mance standards equivalent to energy effi-
ciency standards required of homes conforming
to the Uniform Building Code.
b. A Class B manufactured home shall:
1. Have more than seven hundred fifty (750)
square feet of occupied space in a single,
double, expando or multi -section unit (in-
cluding those with add -a -room units);
2. Be placed onto a permanent foundation as re-
quired in section 26(28)(C)(b) of this Ordi-
nance;
3. Have wheels, axles and hitch mechanisms
removed;
4. Have utilities connected in accordance with
manufacturer®s specifications and Oregon
Department of Commerce requirements;
5. Bear an insignia of compliance with the Manu-
factured Housing Construction and Safety
Standard Code as of June 15, 1976;
121 - ORDINANCE NO. PL -11
6. Have composition, shake, shingle or tile
roofing materials and a minimum pitch of
2/12;
7. Have non -reflective siding materials and tri
typical of new conventional built homes
within the community# -
8. Have a carport or
garage of likematerials
and color;
9. Be in good repair and free of structural,
electrical, mechanical and plumbing defects,
any of which must be corrected prior to
placement.
C* A Class C manufactured home shall:
1. Have more than three hundred and twenty (320)
square feet of occupied space in a single,
double, expando or multi -section unit (in-
cluding those with add -a -room units);
2. Be placed onto a support system in accordance
with approved installation standards as
specified in Section 26(28)(C)(b);
. Be enclosed with foundation siding/skirting
in accordance with approved installation
standards as specified in Section
26 (28) (C) (b) ;
4. Have utilities connected in accordance with
manufacturer's specifications and Oregon
Department of Commerce requirements;
5. Bear an insignia of compliance with the Manu-
factured Housing Construction and Safety
Standards Code as of June 15, 1976;
6. Be in good repair and free of structural,
electrical, mechanical and plumbing defects,
any of which must be corrected prior to
placement.
d. A Class D manufactured home is any manufactured
home built prior to June 15, 1976, and under ORS
Chapter 481 is not defined as a recreation
vehicle. For purposes of determining appropriate-
ness for placement, Class D manufactured homes
shall:
122 - ORDINANCE NO. PL -11
7�
1. have more than three hundred and twenty (320)
square feet of occupied space;
2. Be placed onto a support system in accordance
with approved installation standards as
specified in Section 26(28)(C)(b);
enclosed. ..
in accordance with approved
stan._ -. in Section
4. Have utilities connectedaccordance with
manufacturer's specifications and Oregon
-._ - - -requirements;
5. Be in good repair and free of structural,
electrical, mechanical and plumbing defects,
any of which must be corrected prior to
placement.
C. Manufactured Home Placement Standards. All manufac-
tured homes placed within the Bend Urban Area after the
effective date of this Ordinance shall comply with the
following:
a. As defined in Section (28)(), each manufactured
home shall be classified as Class A, B, C or D,
and shall be permitted within the following areas:
1. Class A - Permitted in manufactured home sub-
divisions in the RS zone and in manufactured
home parks, and as replacements to existing
nonconforming manufactured homes.
2. Class B - Permitted in manufactured home sub-
divisions approved as a conditional use in
the RS zone and manufactured home parks, also
permitted as replacements for existing non-
conforming manufactured homes which would be
classified as Class B, C or D.
. Class C - Permitted in all manufactured home
parks. Also allowed as replacements for
existing nonconforming manufactured homes in
a manufactured home subdivision or park for
units which would be classified as Class C or
D and as replacements to any other Class D
unit.
4. Class D - Permitted only in manufactured home
parks.
123 - ORDINANCE NO. PL -11
b. Foundations/Skirting Support Systems.
1. All load bearing foundations, supports and
enclosures shall be installed in conformance
with the Oregon Department of Commerce
regulations and with the manufacturer's
installation specifications (reference OAR
Chapter 814, Division 23). Where required,
all perimeter foundations shall be con-
structed in accordance with the "Oregon State
Structural Specialty Code."
. All Class A and Class B manufactured homes
outside of manufactured home parks shall be
set onto an excavated area with perimeter
foundation, and the excavated area shall be
backfilled.
3. Class A and B manufactured homes located in
manufactured home parks and Class C and D
manufactured homes must have perimeter found-
ations as specified above or be installed
with an approved foundation siding/skirting
enclosing the entire perimeter of the home.
Foundation siding/skirting and backup framing
shall be weather-resistent, non-combustible
or self -extinguishing materials which blend
with the exterior siding of the home. Mate-
rials below -grade level and for a minimum
distance of six (6) inches above finish grade
shall be resistant to decay or oxidation.
The siding shall be installed in accordance
with manufacturer's recommendation or approv-
ed equal standards.
C. Except for a structure which conforms to the state
definition of a mobile home accessory structure,
no other extension shall be attached to a manufac-
ture home, except a garage or carport constructed
to the Oregon State Structural Specialty Code.
d. All manufactured home lots and spaces shall be
provided with storm drainage, sanitary sewer,
electric, telephone and potable water utility
services with easements dedicated where necessary
to provide such services. All such utilities
shall be located underground unless waived by the
Planning Director where underground service would
require an.exception to local prevalent condi-
tions.
124 - ORDINANCE NO. PL -11
C
e. Manufactured homes shall not be used for living
purposes unless connected to local water, sewers
and electrical systems.
D. Manufactured Home Subdivisions.
a. Minimum Area Required. A manufactured home sub-
division shall consist of a minimum area of five
acres. Manufactured home subdivisions for Class B
manufactured homes or manufactured homes divi-
sions or expansions thereof less than five acres
in size may be considered by conditional use
permit application.
b. Lot Size and Dimension Requirements. The minimum
lot area and dimensions within a manufactured home
subdivision shall be the same as that allowed
within the zone.
C. Permitted Uses. Manufactured home subdivisions
may contain manufactured homes and related acces-
sory structures.
d. Setbacks. Setbacks for manufactured homes,
modular homes and accessory structures shall be
the same as provided in the zone, except that no
manufactured home shall be located within 15 feet
of another manufactured home.
E. Manufactured Home Parks.
a. Minimum Area Required. All manufactured home
parks shall consist of a minimum area of five
acres.
b. Density. The maximum number of manufactured homes
allowed within a manufactured home park shall not
exceed 10 units per acre. The average area of a
mobile home site shall not be less than 4,000
square feet, excluding roadway, recreation areas
and other accessory facilities. No manufactured
home site shall be less than 2,000 square feet in
area.
C. Access. Manufactured home park accesses shall be
located on public streets improved to a minimum
width of, 36 feet and which are improved to a point
intersecting a collector or arterial street.
d. Permitted Use. Manufactured home parks may
contain manufactured homes and accessory struc-
tures permitted in Section 28, community laundry
125 - ORDINANCE NO. PL -11
and recreation facilities and other common build-
ings for use by park residents only, and one resi-
dence which may be other than a manufactured home
for the use of a caretaker or a manager respon-
sible for maintaining or operating.the property.
e. Minimum Site Requirements.
1
. -m-
1. Park Streets. The minimum surfaced width of
the roadway within an accessway shall be 24
feet if there is no parking allowed and 30
feet if parking is allowed on both sides.
The first 50 feet of the accessway, measured
from the public street, shall be surfaced to
a minimum width of 30 feet and shall be con-
nected to the existing public street
according to plans approved by the County
Public Works Department.
2. Improvement Standards. The improvement of
driveways, walkways, streets, drainage and
other utilities shall conform to adopted
state standards for such or shall conform to
the County's standard specifications manual,
whichever is more restrictive."
(Amended by Ordinance •
Section 27. INTERPRETATIONS
1. General Exceptions to Lot Size Requirements. If at the time
of passage of this Ordinance, or annexation to the city, a
lot or the aggregate of continuous lots or land parcels held
in a single ownership has an area of dimension less than
required for the zone in which the property is located, the
lot or aggregate holdings may be occupied by any permitted
use in the zone subject to compliance with all other
requirements of the zone provided, however, that the use of
a lot in an R zone which has an area deficiency shall be
limited to a single-family dwelling.
2. Accessory Uses and Structures.
A. A greenhouse or hothouse may be maintained ccesso to
a dwelling provided there are no sales.
E_ -F
C.
A guest house may be maintained accessory to a dwelling
provided there are no cooking facilities.
An accessory building.shall not be located within 10
feet of a principal dwelling existing or under con-
struction on the same lot.
126 - ORDINANCE NO. PL -11
11
C
1-1
D. Site -obscuring fences may be located in a required
front yard or in a vision clearance area provided that
they shall not exceed 2 1/2 feet in height measured
from the top of the curb.
E. Solar panels, collectors or other similar solar devices
may be maintained as accessory structures.
.-. by Ordinance 0.
3. Exception to Height Regulations. Height limitations set
forth elsewhere in this Ordinance shall not apply to barns,
silos, water towers and tanks or other farm buildings and
structures, provided they are not less than 50 feet from
every lot line; chimneys, church spires, belfries, cupolas,
domes, smokestacks, flagpoles, grain elevators, cooling
towers, fire hose towers, masts, aerials, elevator shafts
and other similar projections and outdoor theater screens,
provided said screens contain no advertising matter other
than the name of the theater. This exception does not apply
to the solar access provisions of subsections (21) and (22)
of Section 26. (Amended by Ordinance No. 83-041.)
4. Vision Clearance and Vision Clearance Area. Vision clear-
ance areas shall be provided with the following distances
establishing the size of the vision clearance area:
A. In a residential zone the minimum distance shall be 30
feet, or at intersections, including an alley, 10 feet.
B. In all other zones where yards are required, the
minimum distance shall be 15 feet or at intersections,
including an alley, 10 feet, except that when the angle
of intersection between streets other than an alley is
less than 30 degrees, the distance shall be 25 feet.
C. Vision clearance areas shall contain no plantings,
fences, walls, structures or temporary or permanent
obstructions exceeding 2 1/2 feet in height measured
from the top of the curb, except that street trees
exceeding this height may be located in this area
provided all branches and foliage are removed to a
height of 8 feet above the grade.
5. Exceptions to Yard Reggirements.
A. Projections into required yards. Certain architectural
features may project into required yards or courts as
follows: Cornices, canopies, eaves, belt courses,
sills or other similar architectural features, or fire-
places, but these may not in any case extend more than
18 inches into any required yard area. Fire escapes,
127 - ORDINANCE NO. PL -11
open, uncovered porches, balconies, landing places or
outside stairways, may not in any case extend more than
18 inches into any required side or rear yards, and not
exceeding 6 feet into any required front yard. This is
not to be construed as prohibiting open porches or
stoops not exceeding 18 inches in height and not
approaching closer than 18 inches to any lot line.
B. Exceptions to front yard requirements. If there are
dwellings on both abutting lots with front yards less
than required depth for the zone, the front yard for
the lot need not exceed the average front yard of the
abutting dwellings. If there is a dwelling on one
abutting lot with a front yard of less than the re-
fired depth for the zone, the front yard need not
exceed a depth of one-half way between the depth of the
front yard on the abutting lot and the required front
yard depth. Residential Use in Commercial or Indus-
trial Zones. Structures in any C or I zone which
contain dwelling units not on the ground floor need not
comply with residential zone yard requirements provided
such structures comply with other applicable codes or
regulations as may exist concerning the health and
safety aspects of the dwelling units.
6. Authorization For Similar Uses. The Planning Commission may
rule that a use not specifically named in the permitted or
conditional uses of this Ordinance shall be included among
the permitted outright or conditional uses if the use is of
the same general type and is similar to the permitted or
conditional uses of that zone.
7. Existing Uses. Except as hereinafter specified, any use,
building or structure lawfully existing at the time of the
enactment of this Ordinance may be continued even though
such use, building or structure may not conform to the
provisions of this Ordinance for the zone in which it is
located provided, however, that this section does not apply
to any use, building or structure established in violation
of any zoning ordinance previously in effect.
8. Pending Building Permits. Nothing herein shall require any
change in the location, plans, construction, size or desig-
nated use of any development, building, structure or part
thereof for which the required official approval and build-
ing permit have been granted prior to the adoption of this
Ordinance. Unless construction on such building or struc-
ture begins within 120 days after the adoption of this Ordi-
nance, no such existing permit shall be deemed to allow any
building or use which would not conform to the requirements
of this Ordinance.
L`
9. River Setback. In all zones where a new building is to be
erected, an existing building enlarged or a new off-street
parking facility created on property abutting the Deschutes
River, the following setbacks from the river's edge shall
apply:
A. in the central existing built-up art of the urban
area:
a. In residential zones where a single-family dwell-
ing, duplex or triplex is being constructed, there
shall be a minimum setback of 20 feet from the
river's edge, the measurement of which shall
include both the horizontal and vertical dis-
tances. Where this setback reduces the building
area below 35 percent of the lot, the front yard
setback provided by this Ordinance may be reduced
to 10 feet and the side yard setback may be
reduced to a minimum of 5 feet on each side in
order to obtain a 35 percent buildable area.
b. In commercial or industrial zones or multi -family
housing projects subject to site plan review, the
minimum setback from the river's edge shall be
established during the site plan review process.
Appropriate setback adjustments may be made during
the review process using the standards in subsec-
tion (A) of this section as a guideline.
B. In the undeveloped section of the urban area, any new
development proposed within 100 feet of the river's
edge shall first be through a conditional use procedure
as set forth in Section 29.
11. All sections of this Ordinance which have any bearing on the
conditions which should apply to an application or an action
which is being reviewed or considered under this Ordinance
shall be applied to the conditions and approval process for
the application or action.
12. Solar Height Restrictions. No building, structure or non-
exempt vegetation may.exceed the solar height restriction
established on a burdened property by the solar access of a
benefitted property. (Amended by Ordinance No. 53-041.)
13. Conversation Easements on Property Adjacent to Rivers and
Stream; Prohibitions.
A. As a condition of approval of all land use actions
involving property adjacent to the Deschutes River and
Tumalo Creek, the property owner shall convey to the
40 County a conservation easement as defined in Section
129 - ORDINANCE NO. PL -11
4(46) of this Ordinance, affecting all property -on the 41
subject lot which is within 10 feet of the mean high-
water mark of the Deschutes River or Tumalo Creek..
pre-
scribed by the County and _ such conditions
deemsas the County - - purposes
described in Section 4(46) of this Ordinance.
C. Any public access required as part of a conservation
easement shall be subject to the following conditions
and 1 •
a. Public
• access shall • - limited to foot traffic• ....
recreational purposes and the putting in or taking
. of boats.
b. Unless otherwise permitted by the affected prop-
erty owner, public access does not allow public
passage through other private property to gain
access to the property subject to the conservation
easement.
C. Unless otherwise permitted by state law, county
ordinance or the property owner, no person on the
subject property as a result of a public access
requirement of a conservation easement shall
deposit solid waste, damage or remove any property
(including wildlife and vegetation) maintain or
ignite fires or fireworks, discharge firearms or
camp.
(Amended by Ordinance No. 86-055.)
14. Fill and Removal Exceptions.
A. The following fill and removal activities are permitted
outright if the material to be filled or removed will
not exceed 50 cubic yards in volume:
a. Removal of vegetation for the purpose of:
1. Removal of diseased or insect -infested trees
or shrubs, or rotten or damaged trees -that
resent safety hazards.
2. Normal maintenance and pruning of trees and
shrubs.
B. The following fill and removal activities may be
authorized by the Planning Director upon a finding that
no adverse impacts will occur to the water resources of
Deschutes County:
a. Minor fill or removal required for vegetative
enhancement, including excavation and preparation
of the ground for planting additional vegetation.
... Fill or removalmaintenance -._
bridges,ir of
existing _facilitiessimilar
• • -m�, facilities,
vided such fill and removal does not alter the
existing characteristics of - - •
wetland. •
C. Fill or removal for maintenance and repair of
nonconforming structures or boat docks.
(Amended by Ordinance No. 86-058.)
Section 28. NONCONFORMING USES. Except as otherwise pro-
vided in this Ordinance, the lawful use of a building, structure
or land existing on the effective date of this Ordinance, or any
amendment thereto, may be continued although such use does not
conform with this Ordinance. Such nonconforming use may be
altered, restored or replace in accordance with this section. No
nonconforming use may be resumed after a period of interruption
or abandonment unless the resumed use conforms with the provi-
sions of this Ordinance in effect at the time of the proposed
resumption.
1. Verification of Nonconforminq_Use. Verification of the
existence of a nonconforming use shall be required prior to
or concurrently with any application to alter or restore the
use. The burden shall be upon the applicant for alteration
or restoration of a nonconforming use to demonstrate its
lawful existence. The applicant shall demonstrate all of
the following:
A. The nonconforming use was lawful on the effective date
of the provisions of this Ordinance prohibiting the
use.
nonconformingB. The use was actually in existence
effective date of the provisions of this Ordinance
prohibiting its use, or had proceeded so far toward
completion that a right to complete and maintain the
use would be deemed to have vested.
C. The nonconforming use has existed continuously, or if
it has not existed continuously, has not been aban-
doned, or has not been interrupted for a period in
10 excess of one (1) year.
131 - ORDINANCE NO..PL-11
The decision verifying the nonconforming use shall be made'
by the Planning Director and shall be appealable pursuant to
the provisions of the county land use procedures ordinance.
2. Maintenance of Nonconforming Use. Normal maintenance of a
verified nonconforming use shall be permitted provided that
no alterations in the use or structure are made which change
the size or outward appearance of the nonconforming use.
3. Restoration or Replacement of Nonconforming Use. A verifie-9,
nonconforming use may be restored or replaced if all of the
following _ .:aremet:
A. The nonconforming use has been damaged or destroyed by
fire or other. . or disaster.
B. The nonconforming use is restored or replaced on the
same location as it existed prior to damage or destruc-
tion.
C. The restoration or replacement of the nonconforming use
is commenced within one (1) year of the damage or des-
truction.
Alteration4. .. a Nonconforming use.
permit-
ted when necessaryto comply with any lawful require-
m
B. In all cases other than that described in paragraph (a)
above, alteration of a nonconforming use or structure
or physical improvements shall be permitted when all of
the following criteria are met:
a. The alteration in is necessary to reasonably con-
tinue the nonconforming use.
b. The alteration will have no greater adverse impact
upon the neighborhood.
C. Any alteration to a nonconforming use permitted
under this section also shall be subject to all
applicable provisions of this Ordinance, including
site plan review under Section 24.
(Amended by Ordinance
Section 29. CONDITIONAL USE PERMITS.
1. Purpose. In certain zones, conditional uses may be permit-
ted subject to the granting of a conditional use permit. 40
132 - ORDINANCE NO. PL -11
Because of their unusual characteristics or the special
characteristics of the area in which they are to be located,
conditional uses require special consideration so that they
may be properly located with respect to the objectives of
this Ordinance and the effect of the conditional use on
surrounding properties.
2. The Planning Director or Hearings Body shall have the autho-
rity to approve, approve with conditions, disapprove or
revoke conditional use permits subject to the provisions o
this section.
3. General Conditional Use Criteria. A conditional use permit
may be granted only upon findings by the Planning Director
or Hearings Body that the proposal meets all of the criteria
in this section, as well as all other applicable criteria
contained in this Ordinance. The general criteria are:
A. That the location, size, design and operating charac-
teristics of the proposed use are such that it will
have minimal adverse impact on the property value,
livability and permissible development of the surround-
ing area. Consideration shall be given to compatibil-
ity in terms of scale, coverage and density with the
alteration of traffic patterns and the capacity of
surrounding streets and to any other relevant impact of
the proposed use.
B. That the site planning of the proposed use will, as far
as reasonably possible, provide an aesthetically
pleasing and functional environment to the highest
degree consistent with the nature of the use and the
given setting.
C. That if the use is permitted outright in another zone,
there is substantial reason for locating the use in an
area where it is only conditionally allowed, as opposed
to an area where it is permitted outright.
D. That the proposed use will be consistent with the
purposes of this Ordinance, the Comprehensive Plan,
Statewide Goals and any other applicable statutes,
ordinances or policies.
4. Application. A request for a conditional use may be initi-
ated by a property owner or his authorized agent by filing
an application with the Planning Director. The application
shall be accompanied by a site plan, drawn to scale, showing
the dimensions and arrangement of the proposed development.
The Planning Director or Hearings Body may request other
drawings or material essential to an understanding of the
133 - ORDINANCE NO. PL -11
proposed use and its relationship to the surrounding proper-
ties.
5. Review of Application. Before a conditional use is permit-
ted, the conditional use shall be reviewed as a land use
permit consistent with the procedures established by the
County land use procedures ordinance.
5. Action on an Application. The Planning Director or Hearings
Body may approve, approve with conditions or disapprove the
application for a conditional use permit sject to the land
use procedures ordinance. In permitting a conditional use,
the Planning Director or Hearings Body may impose, in addi-
tion to regulations and standards expressly specified in
this ordinance, other conditions found necessary to protect
the best interests of the surrounding property or neighbor-
hood or the urban area as a whole. Any future enlargement
or alteration of the use shall be reviewed by the County and
new conditions may be imposed.
A. In order to grant any conditional use, the Planning
Director or Hearings Body must find that the establish-
ment, maintenance or operation of the use applied for
will not, under the circumstances of the particular
case, be detrimental to the health, safety or general
welfare of persons residing or working in the neighbor-
hood of such proposed use, or be detrimental or injur-
ious to the property and improvements in the neighbor-
hood or to the general welfare of the urban area.
B. A conditional use permit shall become void one year
after approval, or after such greater or lesser time as
may specified as a condition of approval, unless
within that time the required building construction,
alteration or enlargement has been commenced and dili-
gently pursued or, if no such construction, alteration
or enlargement is required, unless the permitted activ-
ity is being regularly conducted in.the premises. Upon
request, the Planning Director or Hearings Body may
extend the permit for a period of one year.
7. Special Requirements. The request for a building to exceed
45 feet in height shall be considered in light of the Fire
Department®s fire fighting apparatus and the location of
that apparatus. The community should have adequate appara-
tus before taller structures are allowed.
0 Secion 30. PLANNED UNIT DEVELOPMENT APPROVAL.
1�1
1. • :••y - Approval Require• Where use is u.•- of
plannedunitdevelopment process ... provided
section, no building or other permit shall be issued for
such development or part thereof until the Hearings Body or
'• • Director said development.
2. ApiDlication.- owner orauthorized agent1 -
an
application for planned unit development approval with the
Hearings Body or Planning Director.. The application shall
be accompanied by a filing fee in an amount established by
the County Commission.
3. Minimum Size for Planned Unit Developments. No application
shall be accepted for an area of less than 10 acres in any R
zone, or for an area of less than 4 acres in any other zone.
4. Limitation on Application. No application shall be accepted
for a use which will require a change of zone unless accom-
panied by an application for a zoning amendment as set forth.
in Section 33.
5. Plan Required. All applications shall be accompanied by a
general development plan drawn to scale showing the use or
uses, dimensions and locations of proposed structures and of
areas to be reserved for vehicular and pedestrian circula-
tion, parking, public uses, landscaping and other open
spaces and drawings and sketches demonstrating the design
and character of the proposed uses and the physical rela-
tionships of the uses. Such other pertinent information
shall be included as may be considered necessary by the
Hearings Body or Planning Director to make a determination
that the contemplated arrangement or use makes it necessary
and desireable to apply regulations and requirements differ-
ing from those ordinarily applicable under this Ordinance
and the Subdivision Ordinance.
6. Standards for Approval. In granting approval for planned
unit development, the Hearings Body or Planning Director
shall be guided by the following:
A. Whether applicant has -F through investigation, planning
and programming, demonstrated the soundness of his
proposal and his ability to carry out the project as
proposed, and whether the construction shall begin
within six months of the conclusion of any necessary
action by the County, or within such longer period of
time as may be established by the Hearings Body or
Planning Director.
135 - ORDINANCE NO. PL -11
B. Whether the proposal conforms with the general plans of 40
the County in terms of location and general development
standards.
C. Whether the project will accrue benefits to the County
and the general public in terms of need, convenience,
service and appearance sufficient to justify any neces-
sary exceptions to the regulations of the Zoning and
Subdivision Ordinance.
D. Whether the project will satisfactorily take care of
the traffic it generates by means of adequate off-
street parking, access points and additional street
right-of-way and improvements and any other traffic
facilities required.
E. Whether the project will be compatible with adjacent
developments and will not adversely affect the
character of the area.
F. Whether the project will satisfactorily take care of
sewer and water needs consistent with the Bend Urban
Area General Plan.
G. A planned unit development shall not be approved in any
R zone if the housing density of the proposed develop-
ment will result in an intensity of land use greater
than permitted by the Comprehensive Plan.
7. Standards and Requirements. Approval of a request for a
planned unit development is dependent upon the submission of
an acceptable plan and satisfactory assurance that it will
be carried out. The following minimum standards and
requirements shall apply:
A. A dwelling use permitted in any zone may be permitted
in a planned unit development,.
B. A mobile home may be permitted in a planned unit devel-
opment. However, mobile home parks shall not be
allowed in any commercial or industrial zone.
C. Developments which either provide for or contemplate
private streets and ways and common areas which will be
or are proposed to be maintained by the owners of units
or lots within a development must organize and maintain
an owners' association. The owners' association shall
consist of all the owners of units or lots within the
development and membership in the association must be
required of all owners; adopt and record bylaws as
provided by ORS 91.555; adopt bylaws that contain the
provisions required by ORS 91.560; and have the power
136 - ORDINANCE NO. PL -11
to create a lien upon the unit or lot for services,
labor or material lawfully chargeable as common
expenses as provided in ORS 91.580. The association's
ower to create such a lien shall exist whether or not
the property is subject to the Oregon Unit Ownership
Law (ORS 91.505 - 91.675.)
D. If the property is not subject to the Unit Ownership
Law, the association shall also create, by contract,
the right to claim a lien upon any unit or lot for
services, labor or material chargeable as common
expenses. This lien may be created by covenants
between the association and the property owners an
shall supplement the lien created by (C) above and
require all owners of units or•lots within the develop-
ment to consent to and pay the reasonable value of
services, labor or material expended by the County for
common expenses where such County expenditures are made
because the owners or the owners' association does not
provide the necessary services, labor or material for
common expenses.
E. Streets and roads in planned unit development desig-
nated developments shall be public roads and ways
developed to County standards or be private roads of a
48 minimum 14 feet wide paved surface for one-way traffic,
minimum 20 feet wide paved surface for two-way traffic,
and parallel parking as permitted shall require minimum
additional 8 feet of width for each side of parking.
In addition to these requirements, the Planning
Director or Hearings Body may specify other require-
ments including, but not limited to, increased or
decreased pavement width.
F. Pedestrian walkways shall be provided for adequate
pedestrian and bicycle traffic and shall be constructed
with Portland cement or asphaltic concrete to County
standards, except as varied by the provisions of this
section or by the Planning Director or Hearings Body.
G. All utility facilities shall be installed underground
and in accordance with County"standards.
H. The design of all planned unit development projects
shall provide direct access for all units and lots to
open space areas and facilities.
I. A statement must be submitted relative to the solar
access to be provided by the planned unit development.
8. Hearinas Body Action. In taking action, the Planning
V Director or Hearings Body may approve, approve with condi-
137 - ORDINANCE NO. PL -11
tions or deny an application as submitted. Any planned unit
development as authorized shall be subject to all conditions
imposed and shall be excepted from other provisions of this
Ordinance only to the extent specified in said authoriza-
tion. Any approval of a planned unit development granted
hereunder shall lapse and become void unless within 12
months after the final granting of approval or within such
other period of time as may be stipulated by the Hearings
Body or Planning Director as a condition of such approval,
.construction of the buildings or structure involved in the
development has begun and been diligently pursued. The
Planning Director or Hearings Body may further impose other
conditions limiting the time within which the development of
portions thereof must be completed. The decision of the
Planning Director or Hearings Body shall be final unless
appealed in accordance with the procedures set forth in the
land use procedures ordinance.
Violation of Conditions. The Planning Director or Hearings
Body on its own motion may revoke any planned unit develop-
ment approval for non-compliance with the conditions set
forth in the order granting the said approval, after first
holding a public hearing and giving notice of such hearing
as provided in the land use procedures ordinance. The fore-
going shall not be the exclusive remedy, and it shall be
unlawful and an offense punishable hereunder for any person
to construct any improvement in violation of any condition
imposed by the order granting the planned unit development
approval.
(Amended by Ordinance No. 88-042.)
Section 31. VARIANCES.
1. Authorization to Grant or Deny Variances. Except as pro-
vided in subsection (3), the Planning Director or Hearings
Body may authorize variances from the standards of this
Ordinance where it can be shown that, owing to special and
unusual circumstances related to a specific piece of prop-
erty, the literal interpretation of this Ordinance would
cause an undue or unnecessary hardship; except that no
variance shall be granted to allow the use of the property
for purposes not authorized within the pertinent zone or to
alter any procedural requirements of this Ordinance. In
granting a variance, the Planning Director or Hearings Body
may attach conditions necessary to protect the best interest
of the surrounding property or neighborhood and to otherwise
achieve the purposes of this Ordinance.
2. Criteria. No variance shall be granted pursuant to the
provisions of subsection (1) unless the applicant can estab-
lish: 9
138 - ORDINANCE NO. PL -11
A. That special conditions exist which are peculiar to the
land, structure or building involved and which are not
applicable to other lands, buildings or structures in
the same zone; and
B. That strict interpretation of the provisions of this
Ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zone
under the terms of this Ordinance; and
C. That the special conditions and circumstances do not
result from the actions of the applicant and such
conditions and circumstances do not merely constitute
pecuniary hardship or inconvenience; and
D. That granting the variance will be in harmony with the
objectives of this Ordinance and not injurious to the
neighborhood or otherwise detrimental to the public
welfare.
3. Authorization to Grant or Deny Variances to On -Site Require-
ments. The Planning Director or Hearings Body may authorize
a variance from the standards of this Ordinance relating to
on-site requirements (e.g. yards, parking, etc.), provided
that no variance under this section shall be greater than
25% of the setback, parking or other similar area require-
ment from which the variance is sought.
4. Criteria for Variances Granted Under Subsection (3).
A. In the case of a yard variance, the applicant shall
show the approval will result in:
a. More efficient use of the site; and
b. Preservation of natural features, where appro-
priate; and
C. Adequate provisions of light and privacy to
adjoining properties; and
d. Preservation of natural features of the site
(topography, vegetation and drainage) which would
be adversely affected by application of required
parking standards, where appropriate.
5. Application for a Variance. A property owner may initiate a
request for a variance by filing an application with the
Planning Director. The application shall be accompanied by
a plan, drawn to a.suitable scale, showing the condition to
be varied and the dimensions and arrangement of the proposed
40 development. The application shall be reviewed in the
139 - ORDINANCE NO. PL -11
manner provided for in the County's land use procedures 46
ordinance.
(Amended by Ordinance No. 88-042.)
1. Revocation for Non -Compliance With Conditions. Any planned
unit development permit, conditional use permit or variance
granted in accordance with the terms of this Ordinance may
be revoked if any of the conditions or terms of such permit
or variance are violated, or if any law or ordinance is
violated in connection therewith. If, after notice and
hearing, a planned unit development permit is revoked for a
substantial violation of any of its conditions, the Board of
County Commissioners may reconsider any zone change granted
in connection with the planned unit development and restore
the zoning existing prior to the permit notwithstanding
improvements constructed prior to such revocations, but any
such proposed change of zone shall follow the procedures
otherwise specified for zone changes herein.
2. Public Hearing. The Planning Director or Hearings Body
shall hold a public hearing on any proposed revocation after
giving written notice to the permittee and to other owners
of property as set forth in the land use procedures ordi-
nance. The Planning Director or Hearings Body shall render
its decision within 45 days after the conclusion of the
hearing. If the permittee is not satisfied with the action
of the Commission, the permittee may appeal the Planning
Director's or Hearings Body's decision to the Board of
County Commissioners in the manner provided in this section
and the land use procedures ordinance.
(Amended by Ordinance No. 88-042.)
Section 33. AMENDMENTS. This Ordinance amy be amended by
changing the boundaries of zones or by changing any other provi-
sions thereof, whenever the public necessity and convenience and
the general welfare requires such amendment. Such a change may
be proposed by the County Commission on its own motion, or by
motion of the Planning Commission or by petition as set forth in
ORS 254.310. Any proposed quasi-judicial amendment or change
shall first be submitted to the Hearings Officer and the Hearings
Officer shall, within 40 days after a hearing, recommend to the
County Commissioners approval, disapproval or modifications of
the proposed amendment. All legislative.changes shall be made to
ORS 215.110 and 215.060.
1. Application. An application for amendment by a property
owner or his authorized agent shall be filed with the
s ; , %[a)A5-11 Ji i�
Planning Director. The application shall be made on the
forms provided by the County.
2. blit Hearing on an Amendment. Before taking final action
on a proposed amendment, the Hearings Officer shall hold a
public hearing thereon. The Hearings Officer shall follow
the procedures set forth in County Procedural Ordinance
No. 82.011 for map changes. For amendments to the text,
notice of the time and place of the proposed amendment shall
be given by three publications in a newspaper of general
circulation in the County not less than five days, nor more
than ten days, prior to the date of the hearing.
3. Standards for Zone Chanae. The burden of proof is upon the
one seeking change. The degree of that burden increases
proportionately with the degree of impact of the change
which is sought. The applicant shall in all cases estab-
lish:
A. That the change conforms with the Comprehensive Plan.
Specifically, the change is consistent with the plan's
intent to promote an orderly pattern and sequence of
growth.
B. That the change will not interfere with existing devel-
opment, development potential or value of other land in
the vicinity of the proposed action.
C. That the change in classification for the subject prop-
erty is consistent with the purpose and intent of the
proposed zone classification.
D. That the change will result in the orderly and effi-
cient extension or provision of public services. Also,
that the change is consistent with the County's policy
for provision of public facilities.
E. That there is proof of a change of circumstance or a
mistake in the original zoning. (Amended by Ordinance
No. 88-042.)
4. Action by - County Commissioners*The County Commiss-
ioners
- appropriate lower
body, enact an ordinance granting the zone change or amend
I
chan• - or - •
5. Record of Amendments. The signed copy of each amendment to
the text of this Ordinance, including the legal description
of all lands rezoned legislatively or quasi -judicially,
shall be maintained on file in the office of the County
40 Clerk. A record of such amendments shall be maintained in a
141 - ORDINANCE NO. PL -11
form convenient for the use of the public by the Planning
Director, including a map showing the area and date of all
amendments hereto. The County Clerk shall keep the map of
this Ordinance as originally enacted. Every five ,years
after the enactment hereof, a map showing the cumulative
amendments hereto for that period shall be filed with, the
County Clerk. In case of inconsistencies, the controlling
record shall be first the original map filed with the County
Clerk, and its five-year updates, if any. The Planning
Director's map shall control as to map amendments not shown
on the original for changes less than five years old.
6. Resolution of Intent to Rezone If, from the facts
presented and findings and the report and recommendations of
the Hearings Officer, as required by this section, the
County Commission determines that the public health, safety,
welfare and convenience will be best served by a proposed
change of zone, the County Commissioner may indicate its
general approval in principal of the proposed rezoning by
the adoption of a "resolution of intent to rezone". This
resolution shall include any conditions, stipulations or
limitations which the County Commission may feel necessary
to require in the public interest as a prerequisite to final
action, including those provisions which the County Commis-
sion may feel necessary to prevent speculative holding of
property after rezoning. The fulfillment of all conditions,
stipulations and limitation contained in said resolution, on
the part of the applicant, shall make such a resolution a
binding commitment on the County Commission. Such a resolu-
tion shall not be used to justify spot zoning to create
unauthorized zoning categories by excluding uses otherwise
permitted in the proposed zoning. (Upon completion of com-
pliance action by the applicant, the County Commission
shall, by ordinance, effect such rezoning.) The failure of
the applicant to substantially meet any or all conditions,
stipulations or limitations contained in a resolution of
intent, including the time limit placed in the resolution,
shall render said resolution null and void automatically and
without notice, unless an extension is granted by the County
Commission upon recommendation of the Hearings Officer.
A. Content of Site Plan. Where a site plan is required
pursuant to Section 27, it shall include location of
existing and.proposed buildings, structures, accesses,
off-street parking and loading spaces and landscaping;
existing and proposed topography; mechanical roof
facilities, if subject property is so oriented as to
become part of the view from adjacent properties;
architectural perspective, layout and all elevations
drawn without exaggerations, except -where noted,
including.locations, area and design of signs and all
landscaping. 40
142 ORDINANCE NO. PL -11
B. Resolution on Intent Binding. The fulfillment of all
conditions, stipulations and limitations contained in
the resolutions of intent on the part of the applicant
shall make the resolution binding on the County Commis-
sion. Upon compliance with the resolution by the
applicant, the County Commission shall, by ordinance,
effect such reclassification.
Section 34. APPEALS. Appeals shall follow the procedures
established by Deschutes County Ordinance No. 8-011.
Section 35. PROCEDURES. The County Commission shall
provide in Deschutes County Ordinance No. 82-011 a procedure for
the processing of land use actions, and shall, by order, estab-
lish fees for such land use actions in an amount sufficient to
defray the cost of staff report preparation and all other costs
incident to the land use application proceeding.
Section 36. ENFORCEMENT AND PENALTIES.
1. Enforcement. It shall be the duty of the Planning Director
and his designees to enforce this Ordinance. All depart-
ments, officials and employees of Deschutes County vested
with the duty or authority to issue permits shall conform to
the provisions of this Ordinance and shall issue no permit,
certificate or license for any use, building or purpose
which violates or fails to comply with conditions or stan-
dards imposed by this Ordinance. Any permit, certificate or
license issued in conflict with the provisions of this Ordi-
nance, intentionally or otherwise, shall be voidable by the
Board of Commissioners to the extent allowed by law.
(Amended by Ordinance No. 83-032.)
2. Penalties for Violations. Any person, firm or corporation,
whether as principal, agent, employee or otherwise,
violating or causing the violation of any of the provisions
of this Ordinance commits a Class A infraction, and upon
conviction thereof, shall be punishable by a fine of not
more than $500. Such person, firm or corporation shall be
deemed guilty of a separate offense for each and every day
during any portion of which any violation of this Ordinance
is committed or continued by such a person, firm or corpora-
tion and such offenses shall be punishable as a continuing
infraction as provided in Ordinance No. 82-012. (Amended by
Ordinance No. 86-034.)
3. Injunctive Relief. The foregoing sanctions shall not be
exclusive, and where the public health, safety, morals or
general welfare will be served thereby, the Planning
Director may, in addition to prosecution under subsection
(2) above, institute such proceedings for injunctive relief
against a continuing violation as may be authorized by the
143 - ORDINANCE NO. PL -11
statutes of the State
provisions prohibiting
vibration and the like,
injunction against the
causing the nuisance.
f Oregon. In the enforcement or
nuisances caused by odor, sound,
1 in Director may seek
the P ann g
specific device, activity or practice
4. Evidence. In any prosecution for causing or maintaining any
condition or use of, or activity On, or construction, moving
or maintaining any structure on, any premises in violation
of this Zoning Ordinance, a person in possession or control
of the premises as owner or lessee at the time of the viola®
tion, or continuance thereof, shall be presumed to be the
person who constructed, moved, caused or maintained the
unlawful activity, use, condition or structure. This re-
sumption shall be rebuttal by production or evidence to the
contrary, and either the County or the Defendant in such
prosecution shall have the right to show that the offense
was committed by some other person other than, or in addi-
tion to, and owner or lessee or other persons in possession
or control of the premises; but this shall not be construed
as relieving a person in possession and control of property
from any duty imposed upon him by this Ordinance. That a
person is taxed according to the records of Deschutes County
Assessor shall be prima facie proof that the person is in
possession or control of the premises. Where premises on
which the violation is committed are commercial or indus-
trial activity conducted thereon, the same shall constitute
prima facie evidence that the person whose name is thus
displayed is in possession or control of the premises as
owner or lessee, but this shall not be construed to relieve
from responsibility any agent, manager, employee or other
person who actually committed the violation.
5. Abatement. Where, because of the absence of the responsible
person or persons from the County or from the state, as the
case may be, the courts of Deschutes County or the State of
Oregon cannot secure effective jurisdiction over the person
or persons responsible for the cause or continuation of a
structure or condition erected or maintained in violation of
this Ordinance, or where the County Commission deems it
important to the public interest that the unlawful structure
or condition be removed or corrected without delay, the
County Commission may, after notice and hearing, order the
removal of the unlawful structure or condition, and if such
removal or correction is not effected within the time pre-
scribed in the order, the Planning Director shall cause such
abatement, going upon the premises with such men or equip-
ment as may be necessary, and the County Commission shall
thereafter, by ordinance, assess the cost of abatement
against the real property. The lien of the assessment shall
be enforced in the same manner as in the case of the street
improvement liens. Notice of hearing shall be sufficient if
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given 30 days in advance of the hearing, either by personal
delivery or by mailing the same by any form of mail
requiring a receipt, or by mailing the same by any form or
mail requiring a receipt to the last known address of the
owner of the property as shown by the County Assessor's
records. The order shall be served upon the owner or
responsible person in the manner prescribed for the notice
of hearing, and the owner or responsible person shall have
such period of time after service of the order, but not less
than 30 days, as the County commission may deem to be
reasonably necessary to accomplish the requirements of the
order. The notice of hearing and the abatement order shall
contain a notice to the property owner, or other person
served, that Deschutes County shall not be responsible for
the condition or storage of the component parts of, or
personal property situated within the structure following
abatement by the County. The remedy of abatement shall be
in addition to, and not in lieu of, the other remedies
prescribed in this section.
Section 37. LAND FOR PUBLIC PURPOSES.
1. If the County has an interest in acquiring a portion of a
proposed subdivision for a public purpose, or if the County
has been advised of such interest by a school district or
other public agency and there is reasonable assurance that
steps will be taken to acquire the land, then the Hearings
Officer may require that those portions of the subdivision
be reserved for public acquisition for a period not to
exceed one year, although such area may be platted and
approved as part of the subdivision.
2. In addition to (1) above, all subdivisions shall be required
to dedicate land to the pubic for recreational purposes.
The amount of land shall be sufficient to provide 2.5 acres
of usable park land for each 1,000 people. The park dedica-
tion standard shall be that established by mutual agreement
between Deschutes County and the appropriate city and park
district authorities. The County shall determine whether an
in -lieu fee for land dedication is appropriate on a case-by-
case basis. The land to be dedicated for park purposes must
actually be functional park land. In instances where less
than three acres are to be dedicated, the County shall
always require a fee be paid to the County in -lieu of the
land dedication. The amount of the in -lieu fee shall be
determined by multiplying the amount of land normally
required to be dedicated times the per -acre value of the
subdivision lots to be sold in the subdivision.
Section 38. SEVERABILITY AND VALIDITY. If any section,
subsection, sentence, clause or phrase of this Ordinance is for
any reason held by a court of competent jurisdiction to be
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invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The County Commission -of
Deschutes County hereby declares that it would have passed this
Ordinance, and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that any one or more
section, subsection, sentence, clause or phrase might be declared
invalid.
Section 39. EMERGENCY CLAUSE. In that the •
Conservation and Development Commission of the State of Oregon
has required Deschutes County to adopt a zoning ordinance for the
Bend area ,• 1979,
• order
;•_ ! be in compliance with
statewide planning goals affecting the health, safety and general
welfare of the public, an emergency is declared to exist and this
ordinance, pursuant to ORS 203.045(9), shall take effect upon
adoption.
Section 40. All references herein to other statutes and
ordinances shall include amendments or legislation superceding
the statutes and ordinances cited.
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