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HomeMy WebLinkAboutPL5.. w.x 29 QacE904 .� 4e' 0q,pp�� 1 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF 0 Ol�,p 2 FOR DESCHUTES COUNTY c®o v 3 In the Matter of ) Ct�Qf- 4 DESCHUTES COUNTY ) ORDER ZONING ORDINANCE PL-5 ) 5 ) 6 This matter coming before the Board of County Commissioners on the 7 day of March, 1979, on the application of LOUIS B. DVORAK, Deschutes County Counsel, 8 pursuant to ORS 7.150; a hearing having been held upon ten (10) days` notice 9 pursuant to ORS 203.045 and 215.223; the Applicant's Affidavit and Memorandum 10 of Points and Authorities, as well as the Affidavits of ROSEMARY PATTERSON, 11 Deschutes County Clerk, JANICE L. CANGIE, a secretary to the Board of Commissioners, 12 and LUCIA VENATOR, Administrative Assistant to the Board of Commissioners, having 13 been considered; and public testimony, argument and comment having been invited at 14 a public hearing; 15 The Board finds that: 16 1. Exhibit "A" to the application of LOUIS B. DVORAK, Deschutes County 17 Counsel, is a true photographic copy of each and every part and the whole of X W 18the original County Zoning Ordinance PL-5, as adopted in December, 1971, by the a W J00019then Board of County Commissioners, JOE PEDEN, WALTER SCHINKEL and G. W. McCANN, 0 aWT^a O¢z, Sr°'N 20 and attested by ROSEMARY PATTERSON, Deschutes County Clerk. zm 0OpWZ jzzo° 21 2. No certified copy of the original County Zoning Ordinance PL-5 is 000zw JOwm� 22 in the possession of Deschutes County. 23 3. It may be to correct the record of this Court and for 0 Y necessary N W ° 24such certified copies to be available to applicant and other counsel in order 25to obtain judicial enforcement of the rights created in the public and the County 26 in said ordinance. Page -1- ORDER r 29 +935 1 4. In order for the Journal of this Court accurately to reflect actions 2 taken by it, the original of Deschutes County Zoning Ordinance PL -5 should have 3 been entered therein on or about December 2, 1971. 4 NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 5 1. Exhibit "A" to the application of LOUIS B. DVORAK, Deschutes County 6 Counsel, incorporated herein by reference and attached hereto, SHALL BE ENTERED 7 into the Journal of the County Court by the County Clerk pursuant to ORS 7.150, 8 with like effect as the original of County Zoning Ordinance PL -5. 9 2. The effect of said entry SHALL BE NUNC PRO TUNC, effective 10 December 2, 1971. G /Llyr �� 7 7 11 DATED this 4(( day of 19n. 12 BOARD OF COUNTY COMMISSIONERS 13 14 15 16 17 X W z 18 a w 19 Yw=`S mzcr 20 °0ooc" �OVWZ �ZZCo 21 Z 0C)Oow LU Lu 22 CnmH w F C 23 n M ° 24 25 26 Page -2- ORDER 1 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON 2 FOR DESCHUTES COUNTY 2 "a W6 3 In the Matter of ) 4 Deschutes County Zoning ) APPLICATION FOR ORDER OF RESTORATION Ordinance PL -5 ) OF LOST RECORD (ORS 7.150) 5 ) 11 7 COMES NOW LOUIS B. DVORAK, Counsel for Deschutes County, Oregon, and applies 8 to the Board of County Commissioners pursuant to ORS 7.150 for an order restoring J the original of Zoning Ordinance Number PL -5, County of Deschutes, State of 10 Oregon, nunc pro tunc, with like effect as if recorded December 2, 1971. 11 This application is supported by the Affidavits of LOUIS B. DVORAK, 12 JANICE L. CANGIE, LUCIA VENATOR, and ROSEMARY PATTERSON, Deschutes County Clerk, 13together with Exhibit "A" and the Memorandum of Points and Authorities, all of 14 which are attached hereto and incorporated herein by reference. 15 Applicant respectfully requests that the Board of County Commissioners set 16a hearing noticed by publication pursuant to ORS 203.045(5)(b), such notice 17stating that copies of the original ordinance are available for each person who X z18 requests it from the Board of County Commissioners, Deschutes County Courthouse a W 1g Annex, Bend, Oregon 97701, for the cost of duplication, which is 200 per page. moo$ Q co ky—�eAL o>>zm 20 DATED this 9� day of March, 1979. 00 °00wz ��Zoo 21 Z oo0ow Je°WW run C-0 22 � W r 23 U y W 24 25 26 Page -1- APPLICATION P 4 0, Q9AWj lee LOUIS B. DVORAK Deschutes County Counsel 1 2 VOL IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON FOR DESCHUTES COUNTY 3 In the Matter of ) 4 Deschutes County Zoning ) MEMORANDUM OF POINTS Ordinance PL -5 ) AND AUTHORITIES 5 > 6 7 1. ORS 7.150 provides that when the record of a court is lost or destroyed, 8 and a certified copy thereof cannot be obtained to be substituted for the original 9 pursuant to ORS 7.140, the court may enter an order following due notice and 10 hearing, reciting what was the substance and effect of the lost or destroyed record 11 on the application of an interested person, verified by affidavit showing the loss 12 and destruction and the substance of the lost record. Here, the application of 13 County Counsel incorporates Exhibit "A," shown by the Affidavits of County Counsel, 14 a secretary to the Board of Commissioners, the Administrative Assistant to the 15 Board of Commissioners, and the County Clerk to be a photocopy of the original 16 to the best of their knowledge and belief. 17 2. Said Section also provides that the order shall be entered of record in X LU 18 the court, and have the same effect which the original record would have had so 0 19 far as concerns the applicant and the persons who shall have been notified. When Y_jono ¢V) �e o>>zo 20 the proceeding was in rem, and no personal service was had in the original pro- on 0VOWZ °ZZo= 21 ceeding, notice may be supplied upon like notice as nearly as may be as in the 5:=ow °poU)m-' 22 original proceeding. W 23 3. The original proceeding, the adoption of Ordinance PL -5 in December, 1971, Uj W 0 24 was noticed as provided for ordinances. ORS 203.045 (1973) sets forth the current 25 notice requirements for ordinances. It requires posting of the notice in the 26 courthouse and two public places in the County, and at least one publication Page -1- MEMORANDUM 1 at least ten (10) days prior to the hearing, of a notice of availability of the 2 ordinance at the headquarters of the governing body. This is the most extensive 3 notice required by ORS 203.045. It is more extensive than that required in 1971 4 by ORS 215.223(1). Accordingly, notice required meets the requirement of ORS 7.150 5 that the notice of proceedings thereunder be at least as extensive as the notice 6 of the original proceeding. Therefore, by ORS 7.150, recordation of Exhibit "A" 7 should have the same effect between the County and the people thereof, as did the 8 original of County Zoning Ordinance PL-5. 9 DATED this day of March, 1979. Respectfull SUb 'tted, 10 Oyu &, SCJ' 11 LOUIS B. DVORAK Deschutes County Counsel 12 13 14 15 16 17 X W z 18 Q W 0 19 -jOo§ QU11�v ooDz% 20 °00 a LU >�¢o 21 cnwz zzox A OOOZ� �VOWW a)m, 22 W r 0 23 U) W ° 24 25 26 Page -2- MEMORANDUM 29 raM9 1 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON 2 FOR DESCHUTES COUNTY 3 In the Matter of ) 4 Deschutes County Zoning ) AFFIDAVIT Ordinance PL -5 ) 5 6 STATE OF OREGON ) ) SS. 7 County of Deschutes) 8 I, LOUIS B. DVORAK, being first duly sworn, depose and say as follows: 9 I make this Affidavit in support of the application of the Deschutes County 10 Counsel for an order of restoration of lost record pursuant to ORS 7.150 in the 11 matter of Deschutes County Zoning Ordinance PL -5. 12 On or about January 3, 1979, I requested a certified copy of County Zoning i3 Ordinance PL -5 from ROSEMARY PATTERSON, Clerk of Deschutes County. To date, said 14 County Clerk has refused to supply such certified copy on the ground that the 15 original of said Ordinance was lost, and accordingly, the copy could not be 16 compared with any original as provided in the certification. 17 Since January 3, 1979, I have made requests of LUCIA VENATOR, Administrative X W a 18 Assistant to the Board of County Commissioners, and WILLIAM G. MONROE, Planning W 0 19 Director for Deschutes County, and have been told by each of them that neither 0 Y W QyF-�v o:) , 20 an original nor a certified copy of said Ordinance can be found. a 00 a LU �Zzg= 21 I am further informed and -believe, and thereon declare, that Exhibit "A" >>>OW Q. OpoZL Jo(,m, 22 attached hereto and incorporated herein by reference in a true copy of County W 23 Zoning Ordinance PL -5, as was adopted December 2, 1971, by the Board of County LU W a 24 Commissioners of Deschutes County, Oregon, then consisting of JOE PEDEN, WALTER 25 SCHINKEL and G. W. McCANN, and attest@d by ROSEMARY PATTERSON, who is still 26 County Clerk of Deschutes County, Oregon. Said Exhibit "A" was found by me in Page -1 AFFIDAVIT Vic 1 the files of the Board of County Commissioners in a place where copies of 2 ordinances are likely to be found. 3 JANICE L. CANGIE, a secretary to the Board of Commissioners, and I have 4U Pay . 4 carefully compared Exhibit "A" with the amendments to County Zoning Ordinance 5 PL -5 made ever since, and I have found that such amendments make sense in the 6 context of Exhibit "A," and that the version of County Ordinance PL -5 presently 7 published by Deschutes County is the same as Exhibit "A," except for the later 8 amendments on file with the Deschutes County Clerk. 9 I have never seen the original of County Zoning Ordinance PL -5, nor have I 10 ever had it in my possession, and accordingly, its loss is not due to my fault 11 or neglect. 12 AA 13 Gni LOUIS B. DVORAK 14 15SUB5CRI$ED AND SWORN to before me this day of March, 1979. 16 17 X W 18 Z Z Q LU 19 LU000 ¢yF1,a �ZOoN 20 000 00L 0°r'�o 21 3zzox o0UwZw U 22 ujF w H ' 23 U U) LU a 24 25 26 Page -2- AFFIDAVIT No y Public for Oregon My ommission expires: 6-9-81 1 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON 2 FOR DESCHUTES COUNTY 3 In the Matter of ) 4 DESCHUTES COUNTY ) AFFIDAVIT ZONING ORDINANCE PL -5 ) 5 ) 6 STATE OF OREGON ) SS. 7 County of Deschutes) 8 I. LUCIA VENATOR, being first duly sworn, depose and say: 29 X911 9 T make this Affidavit in support of the application of LOUIS B. DVORAK, 10 Deschutes County Counsel, for an order of the Board of County Commissioners for 11 restoration of a lost record pursuant to ORS 7.150 in the matter of Deschutes 12 County Zoning Ordinance PL -5. 13 I am the Administrative Assistant to the Board of Commissioners of 14 Deschutes County, Oregon, and am personally familiar with the files of the said 15 Board. Exhibit "A" to said application is a document found in the files of the 16 Board where copies of ordinances are usually found, and appears to be a record 17 kept in the ordinary course of the business of the Board of County Commissioners. X W z 18 a W 0 19 0 0 O a LU Z 0 C A VENATOR o>'oo ° 20 0000LU G U)Zzo= 21 SUBSCRIBED AND SWORN to before me this /J day of March, 1979. a o°oZW 22 �VUww LU 0 _ .... " r LA UvD' r (A -No c23 o %J co Notary Public for Oregon ..............:............. 24 MIS B. DVORAK My commission expires: �!6 0413 ) NOTARY PUBLIC — OREGON 25 My commission Expires 26 Page -1- AFFIDAVIT 1 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON 2 FOR DESCHUTES COUNTY 3 In the Matter of ) 4 DESCHUTES COUNTY ) AFFIDAVIT ZONING ORDINANCE PL -5 ) 5 ) 6 STATE OF OREGON ) ) SS. 7 County of Deschutes) 8 I, JANICE L. CANGIE, being first duly sworn, depose and say: 2 9 I make this Affidavit in support of the application of LOUIS B. DVORAK, 10 Deschutes County Counsel, for an order of the Board of County Commissioners for 11 restoration of a lost record pursuant to ORS 7.150 in the matter of Deschutes 12 County Zoning Ordinance PL -5. 13 I am the secretary for the Board of Commissioners of Deschutes County, 14 Oregon, and am personally familiar with the files of the said Board. Exhibit"A" 15 to said application is a document found in the files of the Board where copies 16 of ordinances are usually found, and said Exhibit "A" appears to be a record 17 kept in the ordinary course of the business of the Board of County Commissioners. X W z 18 I have diligently compared Exhibit "A" with the version of County Zoning a W 0 19 Ordinance PL -5 that is currently published by the Deschutes County Planning Depart - _'o ¢(,��,a o>>z20 meet, and have found that it is the same as said publication except for subsequent >0000 0UUwz MZZ000 21 amendments on file with the Deschutes County Clerk. a OOOZw 22 U w to [O F LU H 23 M J L. CANGIE ° 24 25 SUBSCRIBED AND SWORN to before me thi ry 26 $.....itS 6. DYORAK Page -1- AFFIDAVIT PUBW OREGON 1 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON 2 FOR DESCHUTES COUNTY 3 In the Matter of ) 4 DESCHUTES COUNTY ) AFFIDAVIT ZONING ORDINANCE PL -5 ) 5 ) 6 STATE OF OREGON ) ) SS. 7 County of Deschutes) 8 I, ROSEMARY PATTERSON, being first duly sworn, depose and say that: 9 I make this Affidavit in support of the application of LOUIS B. DVORAK, 29 na 913 10 Deschutes County Counsel, for an order of the Board of County Commissioners for 11 restoration of a lost record pursuant to ORS 7.150 in the matter of Deschutes 12 County Zoning Ordinance PL -5. I am the County Clerk of Deschutes County, and 13 have been at all times relevant herein. As such, I am the custodian of all the 14 originals of Deschutes County Ordinances. 15 On or about January 3, 1979, LOUIS B. DVORAK, County Counsel for Deschutes 16 County, requested a certified copy of County Zoning Ordinance PL -5. To date, I 17 have been unable to find the original with which to compare it, nor any existing X z18 certified copy thereof. My staff and I have spent a considerable amount of time LUa ) -j0 19 searching for the original or a certified copy of County Zoning Ordinance PL -5 0 avWX'^'a o>>z, 20 and have concluded that it is not in my office. >000co 0UVWLUz �F�o oz 21 I do not recall attesting to the original, as I attest to many documents zz :)>>ow 000z� Jo.m, 22 that the Commissioners have signed, but I affirm that my signature appears on the W X 23 copy of County Zoning Ordinance PL -5 attached as Exhibit "A." W 24 Many amendments to County Zoning Ordinance PL -5 have been filed and recorded 25 in my office as they have been given to us, but the Commissioners' Journal does 26 not indicate that the original of the Ordinance itself was ever given to us to Page -1- AFFIDAVIT VOL 1 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON 2 FOR DESCHUTES COUNTY 3 In the Matter of ) 4 DESCHUTES COUNTY ) AFFIDAVIT ZONING ORDINANCE PL -5 ) 5 ) 6 STATE OF OREGON ) ) SS. 7 County of Deschutes) 8 I, ROSEMARY PATTERSON, being first duly sworn, depose and say that: 9 I make this Affidavit in support of the application of LOUIS B. DVORAK, 29 na 913 10 Deschutes County Counsel, for an order of the Board of County Commissioners for 11 restoration of a lost record pursuant to ORS 7.150 in the matter of Deschutes 12 County Zoning Ordinance PL -5. I am the County Clerk of Deschutes County, and 13 have been at all times relevant herein. As such, I am the custodian of all the 14 originals of Deschutes County Ordinances. 15 On or about January 3, 1979, LOUIS B. DVORAK, County Counsel for Deschutes 16 County, requested a certified copy of County Zoning Ordinance PL -5. To date, I 17 have been unable to find the original with which to compare it, nor any existing X z18 certified copy thereof. My staff and I have spent a considerable amount of time LUa ) -j0 19 searching for the original or a certified copy of County Zoning Ordinance PL -5 0 avWX'^'a o>>z, 20 and have concluded that it is not in my office. >000co 0UVWLUz �F�o oz 21 I do not recall attesting to the original, as I attest to many documents zz :)>>ow 000z� Jo.m, 22 that the Commissioners have signed, but I affirm that my signature appears on the W X 23 copy of County Zoning Ordinance PL -5 attached as Exhibit "A." W 24 Many amendments to County Zoning Ordinance PL -5 have been filed and recorded 25 in my office as they have been given to us, but the Commissioners' Journal does 26 not indicate that the original of the Ordinance itself was ever given to us to Page -1- AFFIDAVIT a ` 914 1 be filed and recorded. 2 I cannot say that I recognize Exhibit "A" as a photocopy of the original 3 County Zoning Ordinance PL -5, as I do not read the instruments that come to me 4 from the Board of Commissioners when I attest to them, as I am only concerned 5 with their signatures and not with the contents of the instrument. Most instruments 6 that I attest to are taken back to the Annex where they are kept until a complete 7 set of court minutes are sent over for filing and recording. It is evident from 8 Exhibit "A" that this instrument was never recorded here, as it fails to have any 9 paging on it such as we would have done had we had it. 10 I do not quarrel with Exhibit "A," as I have been told that many people were 11 given copies of the Ordinance PL -5, but no one seems to be able to come up with 12 the original. I feel certain that it is the same as the original, but I cannot 13 swear that it is. At the same time, I see nothing that would indicate or suggest 14 that it is not a true copy of the original of County Zoning Ordinance PL -5. 15 16 ROS RY PATTE 17 � Z 18 SUBSCRIBED AND SWORN to before me this %, day of March, 1979. LU Z) 19 ¢UwiF�a o)Sz20 Q 0000iz Notary ublic for regon U)ZZoo 21 My commission expires: a OpoZ-1 JU22 Uww U) m F' W F T 23 U u1 w 24 ►�l 26 Page -2- AFFIDAVIT ra 29 na915 deschutes county ADOPTED PRICE= $ 200 DECEMBER 1971 .. �1CNiE3iT` VOL 29 PACE 916 TABLE OF CONTENTS Page ARTICLE 1. INTRODUCTORY PROVISIONS .... ...... 1 Title, Purpose, Definition ARTICLE 2. BASIC PROVISIONS ........................................ 6 Compl i,ance Classification of Zones Official Zoning Maps, Zone Boundaries Authorization of Similar Uses Interpretation, Severability Zones in Relation to the Comprehensive Plan Use Zone Parcel Size Designation ARTICLE 3. USE ZONES R-1 URBAN RESIDENTIAL SINGLE-FAMILY ZONE ................ 8 R-2 URBAN RESIDENTIAL MULTI -FAMILY ZONE ................. 10 SR -1 SUBURBAN RESIDENTIAL ZONE ........................... 13 RR -1 RURAL RECREATION RESIDENTIAL ZONE ................... 15 A-1 EXCLUSIVE AGRICULTURAL ZONE ......................... 17 A-2 GENERAL AGRICULTURAL ZONE ........................... 18 A -S RURAL SERVICE CENTER ZONE ........................... 19 C-1 TOURIST COMMERCIAL ZONE ............................ 20 C-2 GENERAL COMMERCIAL ZONE ............................ 22 M-1 LIGHT INDUSTRIAL ZONE .............................. 24 M-2 HEAVY INDUSTRIAL ZONE ........... 27 M -R INDUSTRIAL RESERVE ZONE ............................. 29 ARTICLE 4. SPECIAL USE ZONES PD PLANNED DEVELOPMENT ZONE ........................... 31 SC SCENIC CORRIDOR ZONE ............................... 33 FP FLOOD PLAIN ZONE ...................................34 AA AIRPORT APPROACH ZONE.... ........................... 35 ARTICLE 5. SUPPLEMENTARY REGULATIONS .................................. 36 Home Occupations Minimum Lot Frontage Clear -Vision Area Requirements Off -Street Parking Design and Improvement Standards for Parking Lots. ARTICLE 6. EXCEPTIONS......... ................. 40 Projections from Bui Buildings ngs Lot Size and Yard Requirements Building Height Limitations. VOL 29 ra 917 Page ARTICLE 7. CONDITIONAL USES ........................................ 41 Authorization, Application Public Hearing, Notification of Action Standards Governing Conditional Uses ARTICLE 8. NONCONFORMING USES ............ ............. ........ 44 Continuation of a Nonconforming Use Discontinuance of a Nonconforming Use Change, Destruction, Completion ARTICLE 9. VARIANCES ............................................... 45 Authorization Circumstances for Granting a Variance Application, Public Hearing, Notification ARTICLE 10. AMENDMENTS.. .... .. .................. 46 Authorization to Initiate Amendments Public Hearing on an Amendment Record of Amendments ARTICLE 11. ADMINISTRATIVE PROVISIONS ............................... 47 Administration Appeal from Ruling of the Planning Commission Notice of Public Hearing - Time Limit on Conditional Use, Variance, Zone Change ARTICLE 12. REMEDIES ............................................... 49 Penalty, Enforcement _ Va 8 ZONING ORDINANCE ORDINANCE NO. PL -5 County of Deschutes, Oregon AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF ZONING REGULATIONS FOR PORTIONS OF THE UNINCORPORATED AREA OF DESCHUTES COUNTY, OREGON. THE COUNTY OF DESCHUTES, OREGON, ORDAINS AS FOLLOWS: ARTICLE 1. INTRODUCTORY PROVISIONS SECTION 1.010 Title. This ordinance shall be known as the Zoning Ordinance of the County of Deschutes, Oregon, SECTION 1.020 Purpose. The purposes of this ordinance include the following: 1. To promote the orderly growth of Deschutes County. 2. To protect and enhance the environment. 3. To conserve and stabilize the value of property. 4. To reduce excessive traffic congestion. 5. To prevent overcrowding of land by establishing standards for population density. 6. To provide adequate open space for light and air. 7. To conserve natural resources. 8. To encourage the most appropriate use of land. 9. To prevent water and air pollution. 10. To facilitate fire and police protection. 11. To provide for community facilities. 12. To promote and protect the public health, safety, convenience, and general welfare and to carry out the Comprehensive General Plan of Deschutes County. SECTION 1.030 Definitions. As used in this ordinance the following words and phrases shall mean as follows: 1. ACCESSORY USE OR ACCESSORY STRUCTURE: A use or structure incidental and subordinate to the main use of the property and located on the same lot as the main use. 2. ALLEY: A street which affords only a secondary means of access to property. 3. AUTOMOBILE WRECKING YARD: A premises used for the storage or sale of used autombile or truck parts or for the storage, dismantling, or abandonment of junk, obsolete automobiles, trailers, trucks, machinery, or parts thereof. - 1 - 4. BUILDING: A structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. 5. DWELLING, MULTI -FAMILY: A building or portion thereof, designed for occupancy by three or more families living independently of each other. 6. DWELLING, SINGLE-FAMILY: A detached building containing one dwelling unit and designed for occupancy by one family only. 7. DWELLING, TWO-FAMILY: A detached building containing two dwelling units and designed for occupancy by two families. 8. DWELLING UNIT: One or more rooms in a building designed for occupancy by one family and having not more than one cooking facility. 9. FAMILY: An individual or two or more persons related by blood, marriage, legal adoption, or legal guardianship, living together as one housekeeping unit using one kitchen, and providing meals or lodging to not more than two additional persons, excluding servants; or a group of not more than five unrelated persons living together as one housekeeping unit using one kitchen. 10. FARMING: The use of .land for raising and harvesting crops or for feeding, breeding, and managing livestock or for dairying or for any other agricultural or horticultural use, or for any combination thereof, excluding feedlots. It includes the disposal, by market- ing or otherwise, of products raised on the premises. It further includes the construction and use of dwellings and other buildings customarily provided in conjunction with a farm use. 11. 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. 12. HOME OCCUPATION: A lawful occupation carried on by a resident of a dwelling as an accessory use within the same dwelling. 13. JUNK YARD: Primary or accessory use of a parcel of land for the storage, dismantling or selling of cast -.off or salvage material of any sort in other than the original form in which i.t was manu- factured and/or assembled and not including reconditioned second- hand furniture or fixtures sold from within a walled building. 14. KENNEL: A lot or building in which four or more dogs, or cats, at least four months of age are kept commercially for board, propagation, training, or sale. 15. LIVESTOCK: Domestic animals of types customarily raised or kept on farms for profit or other purposes. - 2 - - a 29 Ppm 920 16. LIVESTOCK -FEEDING YARD -(feedlot): An enclosure designed or used for the purpose of the concentrated feeding or fattening of live- stock for marketing. 17. 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. 18. LOT: A parcel or tract of land. 19. LOT AREA: The total horizontal area within the lot lines of a lot exclusive of streets, and easements of access to other property. 20. LOT, CORNER: A lot abutting on two or more streets other than an alley, at their intersection. 21. LOT LINE: The property line bounding a lot. 22. LOT LINE, FRONT: The lot line separating the lot from the street other than an alley, and in the case of a corner lot, the shortest lot line along a street other than an alley. 23. LOT LINE, REAR: The lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular, or other shaped lot, a line 10 feet in length within the lot parallel to and at a maximum distance from the front lot line. 24. LOT LINE, SIDE: Any lot line not a front or rear lot line. 25. LOT WIDTH: The average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line. 26. NONCONFORMING STRUCTURE OR USE. A lawful existing structure or use at the time this ordinance or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located. 27. OWNER: An owner of property or the authorized agent of an owner. 28. PERSON: Every natural person, firm, partnership, association, social or fraternal organization, corporation, trust, estate, receiver, syndicate, branch of government, or any group or combina- tion acting as a unit. 29. PUBLIC USE: A structure or use intended or used for a public purpose by a city, a school district, the county, the state, or by any other public agency or by a public utility. 30. SEMI-PUBLIC USE: A structure or use intended or used for a semi- public purpose by a church, lodge, club, or any other non-profit organization. - 3 - VOL 29na 921 31. SIGN: An identification, description, illustration, or device which is affixed to or represented, directly or indirectly, upon a building, structure, or land, and which directs attention to a product, place, activity, person, institution, or business. 32. STREET: A public right-of-way for vehicular and pedestrian traffic.- 33. raffic. 33. STRUCTURE: Something constructed or built and having a fixed base on, or fixed connection to, the ground or another structure. 34. 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 purposes, and is equipped with plumbing, sink or toilet. 35. MOBILE HOME: "Mobile Home" means a vehicle or structure constructed for movement on the public highways, that has sleeping, cooking and plumbing facilities, is intended for human occupancy and is being used for residential purposes. 36. MOBILE HOME PARK: "Mobile Home Park" means any place where two or more mobile homes are parked 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 person. 37. USE: The purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained, 38. YARD: An open space on a lot which is unobstructed from the ground upward except as otherwise provided in this ordinance. 39. YARD, FRONT: A yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of a building. Any yard meeting this definition and abutting on a street other than an alley, shall be considered a front yard. 40. YARD, REAR: A yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a building. 41. YARD, SIDE: A yard between the front and rear yard measured horizontally at right angles from the side lot line to the nearest point of a building. 42. YARD, STREET SIDE: A yard adjacent to a street between the front yard and, rear lot line measured horizontally and at right angles from the side lot line to the nearest point of a building. - 4 - VOL 2U PACE 922 SECTION 1.040 A ministratiye Terminology and Construction 1. Terminology: The word -"County" shall mean the County of Deschutes, Oregon. The words County Commission shall mean the Board -of County Commissioners of the County of Deschutes. The words "Planning Commission" and "Commission" shall mean the Planning Commission duly appointed by the Board of County Commissioners. The words "Planning Director", "County Roadmaster "County Sanitarian", County Surveyor", Tax Collector", and Assessor shall mean the Planning Director, County Roadmaster, County Sanitarian, County Surveyor, Tax Collector and Assessor of the County of Deschutes. 2. Construction: Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular; the word "shall" is mandatory; the word "may" is permissive; the masculine shall include the feminine and neuter. - 5 - VOL 29 PUE 923 ARTICLE 2 BASIC PROVISIONS SECTION 2.010 Compliance. A lot may be used and a structure or part of a structure constructed, reconstructed, altered, occupied, or used only as this ordinance permits. SECTION 2.020 Classification of Zones. For the purposes of this ordinance the following zone classifications are hereby established: Zone Abbreviated Designation URBAN RESIDENTIAL SINGLE-FAMILY ZONE:. . . . . . . . . . . . R-1 URBAN RESIDENTIAL MULTI -FAMILY ZONE . . . . . . . . . . . R-2 SUBURBAN RESIDENTIAL ZONE . . . . . . . . . . . . . .SR -1 RURAL RECREATION RESIDENTIAL ZONE . . . . . . . . . . . . . .RR -1 EXCLUSIVE AGRICULTURAL ZONE . . . . . . . . . . . . . . . . . A-1 GENERAL AGRICULTURAL ZONE . . . . . . . . . . . . . . . . . . A-2 RURAL SERVICE CENTER ZONE . . . . . . . . . . . . . . . . A -S TOURIST COMMERCIAL ZONE . . . . . . . . . . . . . . . . . . C-1 GENERAL COMMERCIAL ZONE . . . . . . . . . . . . . . . . . . . C-2 LIGHT INDUSTRIAL ZONE . . . . . . . . . . . . . . . . . . . M-1 HEAVY INDUSTRIAL ZONE . . . . . . . . . . . . . . . . . . . M-2 INDUSTRIAL RESERVE ZONE . . . . . . . . . . . . . o o M -R Special Use Zones PLANNED DEVELOPMENT ZONE . . . . . . . . . . . . . . PD SCENIC CORRIDOR ZONE . . . . . . . . . . . . . . . e . . SC FLOOD PLAIN ZONE . . . . . . . . . . . . . . . . . . FP AIRPORT APPROACH ZONE . . . . . . . . . . . . . . . . . AA A special use zone classification may be applied as the specific use of property (i.e. FP) or may be applied supplemental to a regular zone (i.e. R-1 PD; A-2FP; A-1SC; M-1 AA: etc.). SECTION 2.030 "Official Zoning Maps". The locations and boundaries of zones listed in this ordinance shall apply to areas for which an "Official Zoning Map" has been prepared and adopted after public hearing as required by this ordinance and 0, R. S. Ch. 215. At the time an Official Zoning Map may be adopted, the provisions of this ordinance is thereby incorporated by reference. Any changes in zone boundaries shall be made by amendment to the Official Zoning Map. The Official Zoning Map or its subsequent amendments shall be dated with the effective date of the ordinance that adopts the map or map amendments. An Official Zoning Map or its amendment may be prepared by authority of the Deschutes County Planning Commission pursuant to O.R.S. Ch. 215 and recommended, after public hearing, to the Board of County Commissioners for adoption and filing with the office of the County Clerk. SECTION 2.040 Zone Boundaries. Unless otherwise indicated on the Official Zoning Map, zone boundaries are section lines, subdivision lines, lot lines, or the center lines of streets. WE a 29 fAcF 924 SECTION 2:050 "Authorization of Siniflar Uses. The Planning Commission may rule that a use not specifically permitted in a zone shall be permitted in a zone if it is similar to the permitted uses in the zone, if its effect on adjacent properties is substantially the same as the permitted uses. SECTION 2.060 Interpretation. If the conditions imposed by a provision of this ordinance are less restrictive than comparable conditions imposed by another provision of this ordinance or of any other County or State regulation, the provision which is more restrictive shall govern. SECTION 2.070 Severabilit The provisions of this ordinance are severable. If any section, sentence, c ause, or phrase of this ordinance is judged by a court to be invalid, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 2.080 Zones in Relation to the Comprehensive Plan. The zones as listed in this ordinance conform generally to the land use objectives as generally designated on the Comprehensive Plan. The locations of zones shall conform to the Comprehensive Plan where practical and where conditions warrant under the provisions of this ordinance. SECTION 2.090 Use Zone Parcel Size Designation. Where an area is required to have greater lot sizes than the minimum area specified by a zone because of such reasons as sanitation or topographical conditions, or as may be - requested by property owners of an area, the zone designation symbol shall be followed by a number designating the lot size which shall be the minimum parcel size permitted. Numbers less than (100) indicate acres. Numbers more than (100) indicate square feet. For example, R-1 (12,000) indicates minimum square feet in an R-1 zone; A-1 (20) indicates minimum acres in an A-1 zone. Such symbols when applied shall be shown on the Official Zoning Map when adopted. - 7 - VU 29 fAcE 925 ARTICLE 3. USE ZONES URBAN RESIDENTIAL SINGLE-FAMILY ZONE R-1 SECTION 3.010 Uses Permitted Outright. In an R-1 Zone the following uses and their accessory uses are permitted outright: 1. Farming not including the keeping of livestock. 2. Single-family dwelling. SECTION 3.015 Conditional Uses Permitted. In an R-1 Zone the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Article 7: 1. Keeping of livestock. 2. Public Use. 3. Semi-public use. 4. Two-family dwellings. 5. Planned Development as provided in Section 4.010 of this ordinance. 6. Mobilehome Subdivision pursuant to Section 3.025. SECTION 3.020 Accessory Uses. In an R-1 Zone, there shall be the following limitations on accessory uses: 1. There shall be not more than one private garage for each dwelling unit and the garage shall not exceed 720 square feet in floor area. 2. There may be home occupations as provided in Section 5.010. SECTION 3.025 Lot Size. In an R-1 Zone the minimum lot size shall be as follows: 1. Lot area shall be a minimum of 7000 square feet where both a community water and sewer system exist. Such lots shall have a minimum average width of 70 feet and minimum depth of 100 feet. 2. Where a community water system exists but there is no public sewer system, lot area and soil conditions shall be adequate to provide a septic tank and drain field in accordance with County Health Standards or as may be otherwise determined by the County Health Department. 3. Where neither a community water system nor public sewer system is available or is being provided, the minimum lot area shall be one acre (43,560 sq. ft.); provided, however, that there is adequate soil and area on the lot for the installation of a septic tank and drain field. a 29 FACE 926 SECTION 3.030 Yards. Except as provided in Article 6, in an R-1 Zone, the minimum yard requirements shall be as follows: 1. A front yard shall be a minimum of 25 feet between a building or structure and the ultimate street right-of-way as adopted on the Comprehensive Plan or Official Map. 2. A side yard shall be a minimum of 5 feet, except that on corner lots the side yard on the street side shall be a minimum of 15 feet. 3. A rear yard shall be a minimum of 25 feet. SECTION 3.035 Lot Coverage. In an R-1 Zone buildings shall not cover more than 35 percent of the lot area. SECTION 3.040 Height of Buildings. In an R-1 Zone no buildings shall exceed a height of 35 feet or two and one-half stories, whichever is lower. SECTION 3.045 Signs. In an R-1 Zone the following signs are permitted: 1. One name plate or.home occupation sign for each dwelling unit. The sign shall not be more than one,and one-half square feet in area, and shall not be illuminated. 2. One temporary sign advertising the sale, lease, or rental of the property on which it is located. The sign shall not be more than six square feet in area, and shall not be illuminated. 3. One temporary sign within a subdivision advertising the sale of lots within that subdivision. The sign shall not be more than 64 square feet in area, shall not be illuminated, and shall be at least 10 feet from a front or side property line. 4. One sign identifying a conditional use. The sign shall not be more than 25 square feet in area, shall not be illuminated, and shall be at least 10 feet from a property line. SECTION 3.050 Off -Street Parking and Loading. In an R-1 Zone, off-street parking and loading shall be provided in accordance with the provisions of Article 5. vot 29 fw927 URBAN RESIDENTIAL MULTI -FAMILY ZONE R-2 SECTION 3.060 Uses Permitted Outright. In an R-2 Zone the following uses and their accessory uses are permitted outright: 1. Single-family dwelling. 2. Two-family dwelling. 3. Multi -family dwelling. SECTION 3.065 Conditional Uses Permitted. In an R-2 Zone the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Article 7: 1. Boarding or rooming house. 2. Day nursery. 3. Hospital, nursing home, home for the aged. 4. Medical or dental clinic. 5. Mobile home park. 6. Mobilehome Subdivision pursuant to Section 3.025. 7. Public use. 8. Semi-public use. 9. Planned Development as prowl ded in Section 4.010 of this ordinance. SECTION 3.070 Accessory Uses. In en R-2 Zone, there shall be the following limitations on accessory uses; 1. There shall be not more than one private garage for each dwelling unit and the garage shall not exceed 720 square feet in floor area. 2. There may be home occupations as provided in Section 5.010. SECTION 3.075 Lot Size. In an R-2 Zone the minimum lot size shall be as follows where there is both a community water and sewer system provided: 1. For a single-family dwelling the lot area shall be a minimum of 7,000 square feet. The lot width shall be a minimum of 70 feet. The lot depth shall be a minimum of 100 feet. 2. For a two-family dwelling the lot area shall be a minimum of 7,500 square feet. The lot width shall be a minimum of 75 feet. The lot depth shall be a minimum of 100 feet. 3. For a multi -family dwelling having only one story the lot area shall be a minimum of 7,500 square feet plus 2,000 square feet for each dwelling unit over two. The lot width shall be a minimum of 75 feet. The lot depth shall be a minimum of 100 feet. 4. For a multi -family dwelling having more than one story the lot shall be a minimum of 7,500 square feet plus 1,500 square feet for each dwelling unit over two. The lot width shall be a minimum of 75 feet. The lot depth shall be a minimum of 100 feet. - 10 - va 29 w92,8 SECTION 3.080_.Density and Lot Area Limitations. In an R-2 Zone, where a community water system and/or sewer system is not available, the following standards shall apply: 1. Where a community water system exists but there is no public sewer system, lot area and soil conditions shall be adequate to provide a septic tank and drain field in accordance with County Health Standards or as may be otherwise determined by the County Health Department. 2. Where neither a community water system nor public sewer system is available or is being provided, the minimum lot area shall be one acre (43,560 sq. ft.); provided, however, that there is adequate soil and area on the lot for the installation of a septic tank and drain field. 3. Sewage disposal systems of other types acceptable to the County Health Department and Oregon State Board of Health may determine lot density and area provided that such standards are not less than those prescribed in Section 3.075. SECTION 3.085 Yards. Except as provided in Article 6, in an R-2 Zone the minimum yard requirements shall be as follows: I. A front yard shall be a minimum of 25 feet between a building or structure and the ultimate street right-of-way as adopted in the Comprehensive Plan or Official Map. 2. A side yard shall be a minimum of 5 feet, except that on corner lots the side yard on the street side shall be a minimum of 15 feet. 3. A rear yard shall be a minimum of 25 feet. 4. Side and rear yards shall be increased by one foot for each foot by which a building exceeds a height of 35 feet. SECTION 3.090 Lot Coverage. In an R-2 Zone buildings shall not cover more than 40 percent of the lot area. SECTION 3.091 Height of Buildin s. In an R-2 Zone no building shall exceed a height of 45 feet orthree stories, whichever is lower. SECTION 3.092 Signs. In an R-2 Zone the following signs are permitted: 1. One name plate or home occupation sign for each dwelling unit. The sign shall not be more than one and one-half square feet in area, and shall not be illuminated. 2. One temporary sign advertising the sale, lease, or rental of the property on which it is located. The sign shall not be more than six square feet in area, and shall not be illuminated. va 29 %v929 3. One temporary sign advertising the sale of a tract.of land or subdivision or of lots in a subdivision. The sign shall not ,be more than 64 square feet in area, shall not be illuminated, and shall be back at least 10 feet from a front or side property line. 4. One sign identifying a conditional use. The sign shall not be more than 25 square feet in area, shall not be illuminated, and shall not be set back at least 10 feet from a property line. SECTION 3.095 Off -Street Parking and Loading. In an R-2 Zone off-street parking and loading shall be provided in accordance with the provisions of Article 5. - 12 - 29 ?a 930 SUBURBAN RESIDENTIAL ZONE SR -1 SECTION 3.110 Uses Permitted Outright. In an SR -1 Zone the following uses and their accessory uses are permitted outright: 1. Single-family dwelling. 2. Farming including the keeping of livestock in accordance with standards prescribed in Section 7.050, 6. of this ordinance. SECTION 3.115 Conditional Uses Permitted. In an SR -1 Zone the follwoing uses and their accessory'uses are permitted when authorized in accordance with the provisions of Article 7: 1. Two-family dwelling. 2. Public Use. 3. Semi-public use. 4. Mobilehome Subdivision pursuant to Section 3.125. 5. One mobilehome used as the principle residence on a lot having a minimum area of,20,000 square feet or one mobilehome used as a second residence on a lot having a minimum area of 40,000 square feet. SECTION 3.120 Accessory Uses. In an SR -1 Zone, there shall be the following limitations on accessory uses: 1. There shall be not more than one private garage for each dwelling unit and the garage shall not exceed 720 square feet in floor area. 2. There may be home occupations as provided in Section 5.010. SECTION 3,125 Lot Size. In an SR -1 Zone the minimum lot size shall be as follows: 1. Lot area shall be a minimum of 20,000 square feet where both a community water and sewer system exists. Such lots shall have a minimum average width of 80 feet and minimum depth of 100 feet. 2. Where a community water system exists but there is no public sewer system, lot area and soil conditions shall be adequate to provide a septic tank and drain field in accordance with County Health Standards or as may be otherwise determined by the County Health Department. 3. Where neither a community water system nor public sewer system is available or is being provided, the minimum lot area shall be one acre (43,560 sq. ft.); provided, however, that there is adequate soil and area on the lot for the installation of a septic tank and drain field. SECTION 3.130 Yards. Except as provided in Article 6,in an SR -1 Zone the minimum yard requirements shall be as follows: 1. A front yard shall be a minimum of 25 feet between a building or structure and the ultimate street right-of-way as adopted on the Comprehensive Plan or Official Map. MXIE a 29 fax 931 2. A side yard shall be a minimum of 5 feet, except that on corner lots .the side yard on the street side shall be a minimum of 15 ft. 3. A rear yard shall be a minimum of 25 feet. SECTION 3.135 Lot Coverage. In an SR -1 Zone buildings shall not cover more than 35 percent of the lot area. SECTION 3.136 Height of Buildings. In an SR -1 Zone no building shall exceed a height of 35 feet or two and one-half stories, whichever is lower. SECTION 3.140 Signs. In an SR -1 Zone the following signs are .permitted: 1. One name plate or home occupation sign for each dwelling unit. The sign shall not be more than one and one-half square feet in area, and shall not be illuminated. 2. One temporary sign advertising the sale, lease, or rental of the property on which it is located. The sign shall not be more than six square feet in area, and shall not be illuminated. 3. One temporary sign within a subdivision advertising the sale of lots within that subdivision. The sign shall not be more than 64 square feet in area, shall not be illuminated, and shall be at least 10 feet from a front or side property line. 4. One sign identifying a conditional use. The sign shall not be more than 25 square feet in area, shall not be illuminated, and shall be at least 10 feet from a property line. SECTION 3.145 Off -Street Parking and Loading.In an SR -1 Zone, off- street parking and loading shall be provided in accordance with the provisions of Article 5. ML= RURAL RECREATION RESIDENTIAL ZONE RR -1 SECTION 3.150 Uses Permitted Outright. In an RR -1 Zone the following uses and their accessory uses are permitted outright: 1. Single-family dwelling. 2. Farming including the keeping of livestock i.n accordance with the standards prescribed in Section 7.050, 6. of this ordinance. SECTION 3.155 Conditional Uses Permitted. In an RR -1 Zone the following uses and their accessory uses are permitted when authorized in accordance with.the provisions of Article 7: 1. Two-family dwelling. 2. Public use. 3. Semi-public use. 4. Mobilehome used as the principle residence unless otherwise restricted by deed restrictions. 5. Planned Development as prescribed in Section 4.010 of this ordinance. SECTION 3.160 Accessory Uses.In an RR -1 Zone there shall be the following limitations on accessory uses: 1. There shall be not more than one private garage for each dwelling unit and the garage shall not exceed 720 square feet in floor area. 2. There may be home occupations as provided in Section 5.010. SECTION 3.165 Lot Size. In an RR -1 Zone the minimum lot size shall be as follows: 1. Lot area shall be a minimum of one acre except as may be provided in a planned development where a community water system is provided and approved by the State Board of Health. 2. Where inadequate soil conditions or a high water table exists or where areas are subject to innundation, no individual sewage disposal systems may be installed. Lot size shall be predicated on adequate soil conditions and locations for the installation of sewage disposal facilities as determined by the County Health Department; however, no lot may be less than one acre in area. 3. No sewage disposal facility shall be installed and no residence may be constructed or mobilehome occupied unless and until approval has first been obtained from the County Health Department. SECTION 3.170 Yards. Except as provided in Article 6, in an RR -1 Zone the minimum yard requirements shall be as follows: 1. A front yard shall be a minimum of 50 feet between a building or structure and the ultimate street right-of-way as adopted on the Comprehensive Plan or Official Map. 2. A side yard shall be a minimum of 10 feet, except that on corner lots the side yard on the street side shall be a minimum of 25 ft. 3. A rear yard shall be a minimum of 50 feet. - 15 29 rAcE933 SECTION 3.175 Height of Buildings. In an RR -1 Zone no buildings shall exceed a height of 35 feet or two and one-half stories whichever is lower. SECTION 3.180 Signs. In an RR -1 Zone the following signs are permitted: 1. One name plate or home occupation sign for each dwelling unit. The sign shall not be more than one and one-half square feet in area, and shall not be illuminated. 2. One temporary sign advertising the sale, lease, or rental of the property on which it is located.. The sign -shall not be more than six square feet in area, and -shall not be,illuminated. 3. One temporary sign within a subdivision advertising the sale of lots within that subdivision. The sign shall not be more than 64 square feet in area, shall not be illuminated, and shall be at least 10 feet from a front or side property line. SECTION 3.185 Off -Street Parking and Loading. -In an RR -1 Zone, off-street parking and loading shall be provided in accordance with the provisions of Article 5. - 16 - vot 29 ma 934 EXCLUSIVE AGRICULTURAL ZONE A-1 SECTION 3.210 Uses Permitted Outright. In an A-1 Zone the following uses and their accessory uses are permitted outright: I. Farming as defined in this ordinance. 2. Uses permitted in the R-1 Zone. 3. Buildings and uses customarily provided in conjunction with farming. SECTION 3.215 Conditional Uses Permitted. In an A-1 Zone the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Article 7: 1. Public use. 2. Semi-public use. 3. Dude or guest ranch. 4. Commercial riding stable. 5. Kennel or animal hospital. 6. Guest house or mobile home. SECTION 3.220 Lot Size. In an A-1 Zone the lot size shall be as follows: 1. The minimum lot area shall be five (5) acres. 2. The minimum lot width shall be 300 feet with a minimum street frontage of 150 feet. 3. The minimum lot depth shall be 400 feet. SECTION 3.225 Yards. Except as provided in Article 6, in an A-1 Zone the minimum yard requirements shall be as follows: 1. A front yard shall be a minimum of 50 feet between a building or structure and the ultimate street right-of-way as adopted on the Comprehensive Plan or Official Map. 2. A side yard shall be a minimum of 10 feet, except that on corner lots the side yard on the street side shall be a minimum of 50 ft. 3. A rear yard shall be a minimum of 50 feet. SECTION 3.230 Signs. In an A-1 Zone the following signs are permitted: 1. One name plate for each dwelling unit. The sign shall not be more than one and one-half square feet in area, and shall not be illuminated. 2. One temporary sign advertising the sale, lease, or rental of the property on which it is located. The sign shall not be more than six square feet in area, and shall not be illuminated. 3. One temporary sign within a subdivision advertising the sale of lots within that subdivision. The sign shall not be more than 64 square feet in area, shall not be illuminated, and shall be at least. 10 feet from a front or side property line. 4. One sign identifying the name of a farm or ranch of 20 acres or more, a conditional use. The sign shall not be more than 25 square feet in area, shall not be illuminated, and shall be at least 10 feet from a property line. - 17 - 29 GENERAL AGRICULTURAL ZONE A-2 SECTION 3.250 Uses Permitted Outright. In an A-2 Zone the following uses and their accessory uses are permitted outright: 1. Farming as defined in this ordinance. 2. Uses permitted in the R-1 and A-1 zones. 3. Dude or guest ranch. 4. Commercial riding stable. 5. Livestock sales yard. 6. Kennel or animal hospital. SECTION 3.255 Conditional Uses Permitted. In an A-2 Zone the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Article 7: 1. Public use. 2. Semi-public use. 3. Commercial livestock feeding yard. 4. Mining, quarrying, or other extraction, processing or refining of ore or other natural resource material. SECTION 3.260 Lot Size. An an A-2 Zone the lot size shall be as follows: 1. The minimum lot area shall be ten (10) acres. 2. The minimum lot width shall be 300 feet with a minimum street frontage of 150 feet. 3. The minimum lot depth shall be 600 feet. SECTION 3.265 Yards. Except as provided in Article 6, in an A-2 Zone the minimum yard requirements shall be as follows: 1. A front yard shall be a minimum of 50 feet between a building or structure and the ultimate street right-of-way as adopted on the Comprehensive Plan or Official Map. 2. A side yard shall be a minimum of 10 feet, except that on corner lots the side yard on the street side shall be a minimum of 50 ft. 3. A rear yard shall be a minimum of 50 feet. SECTION 3.270 Signs. In an A-2 Zone signs shall be permitted as used in an A-1 zone under Section 3.230. RURAL SERVICE CENTER ZONE A -S SECTION 3.275 Uses Permitted Outright. In an A -S Zone the following uses and their accessory uses are permitted: 1. Uses permitted outright in the A-2 zone. 2. Agribusiness - agriculturally oriented commercial or industrial use designed to serve the agricultural community, including non- farm residents living within the A -S zone. 3. Public and semi-public uses. 4. Non-farm and commercial residential use. 5. Retail store, restaurant, office or service establishment, including commercial amusement or recreation facilities. 6. One mobilehome used as the main residence on a lot. 7. Two-family dwelling. SECTION 3.280 Conditional Uses Permitted. In an A -S Zone the following uses and their accessory uses are permitted when authorized in accordance with Article 7: 1. Livestock feeding yard. 2. Mobilehome or travel trailer park. SECTION 3.285 Lot Size and Yards. In an A -S Zone, the minimum lot sizes and yard requirements shall conform to the standards specified in the various applicable zones of this ordinance subject to approval of the County Health Department necessary for the protection of the public health. Approval shall be first obtained from the County Health Department prior to constructing any building and installing a sewage disposal system, including that for a mobile - home. SECTION 3.290 Signs. Signs for the various uses permitted in the A -S Zone shall conform to the standards specified under the comparable zones of this ordinance. - 19 - vot 29 PAGE 937 TOURIST COMMERCIAL ZONE C-1 SECTION 3.310 Uses Permitted Outright. In a C-1 Zone the following uses and their accessory uses are permitted subject to the provisions of Section 3.320. 1. Car wash. 2. Drug store. 3. Eating or drinking establishment, including drive-in restaurant. 4. Food store. 5. Gift shop or similar tourist -oriented specialty store. 6. Motel. 7. Self -servicing laundry. 8. Sporting goods store. 9. Service Station . 10. Business or professional office. 11. Medical or dental clinic. 12. Commercial recreation facility. SECTION 3.315 Conditional Uses Permitted. In a C-1 Zone the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Article 7: 1. Public use. 2. Semi-public use. 3. Veterinary clinic or kennel. 4. Repair garage provided there is no outside repair or storage. 5. Travel -trailer park or mobilehome park. 6. The resumption of a residential use for single, two or multi -family dwellings as the use has been previously conducted where such use has been discontinued. SECTION 3.320 Site Plan Review. In a C-1 Zone a use permitted shall be subject to the provisions of this section. Before a new building may be constructed or an existing building enlarged or substantially altered, a site development plan shall be submitted to the Planning Commission for approval. Construction and development of the site shall be in substantial conformance with plans approved by the Planning Commission. In considering a site plan for a proposed use in a C-1 zone, the Planning Commission shall take into account the impact of the proposed use on nearby residential and commercial property, on the capacity of the street to carry traffic, and on the appearance of the street. The Planning Commission may require as a condition of approval: 1. An increase in the required yards. 2. Additional off-street parking. 3. Screening of the proposed use by a fence or landscaping. 4. Limitations on signs or lighting. 5. Limitations on the number and location of curb cuts. 6. Any other conditions which it considers necessary to achieve the purposes of this ordinance. - 20 - vot 29 PACE 938 SECTION 3.325 Yards. Except as provided in Article 6, in a C-1 Zone the minimum yard requirements shall be as follows: 1. A front yard shall be a minimum of 10 feet between a building or structure and the ultimate street right-of-way as adopted on the Comprehensive Plan or Official Map. 2. A side or rear yard abutting a residential zone shall be a minimum of 25 feet. 3. A side or rear yard abutting a street shall be a minimum of 10 feet. 4. A rear yard abutting an alley shall be 25 feet when it is to be used for servicing the commercial establishment. SECTION 3.330 Height of Buildings. In a C-1 Zone no buildings shall exceed a height of 35 feet or two and one-half stories, whichever is lower. SECTION 3.335 Signs. In a C-1 Zone signs are subject to the following general requirements: 1. Signs shall be set back at least 10 feet from a lot in a residential zone. 2. Signs shall not be placed (post or overhang) or projected into an ultimate street right-of-way as adopted on the Comprehensive Plan or Official Map. 3. In the event a person, desiring to erect or place a sign, does not know or is uncertain where the ultimate street right-of-way is located, he shall contact the County Planning Department for assistance. 4. Signs shall be oriented in a manner not to cast direct light on adjacent or nearby residential property. 5. The specific types, sizes, design and number of permitted commercial and industrial signs shall conform to the County Sign Code as may be adopted in addition to this ordinance. SECTION 3.340 Off -Street Parking and Loading. In a C-1 Zone off-street parking and loading shall be provided in accordance with the provisions of Article 5. - 21 - vai 29 Qa 939 GENERAL COMMERCIAL ZONE C-2 SECTION 3.350 Uses Permitted Outright. In a C-2 Zone the following uses and their accessory uses areermitted subject to Section 3.330(includes uses permitted in the C-1 zone . 1. Automotive sales and service. 2. Bank or other financial institution. 3. Bakery. 4. Boat or trailer sales and service. 5. Building supply outlet. 6. Day nursery. 7. Farm and heavy equipment sales and service. 8. Frozen food locker. 9. Laundry or dry-cleaning establishment. 10. Printing plant. 11. Retail store. 12. Veterinary clinic or kennel. 13. Car wash. 14. Drug store. 15. Eating or drinking establishment, including drive-in restaurant. 16. Food store. 17. Gift shop or similar tourist -oriented specialty store. 18. Motel. 19. Self-service laundry. 20. Sporting goods store. 21. Service station. 22. Business or professional office, including personal service. 23. Medical or dental clinic. 24. Commercial recreation facility. SECTION 3.355 Conditional Uses Permitted. In a C-2 Zone the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Article 7: 1. Public use. 2. Semi-public use. 3. Multi -family dwelling. 4. Mobilehome park. 5. Drive-in theatre. 6. Mortuary. 7. The resumption of a residential use for single, two or multi -family dwellings as the use has been previously conducted where such use has been discontinued. SECTION 3.360 Site Plan Review. In a C-2 Zone a use permitted shall be subject to the provisions of this section. Before a new building may be constructed or an existing building enlarged or substantially altered, a site development plan shall be submitted to the Planning Commission for approval. Construction and development of the site shall be in substantial conformance with plans approved by the Planning Commission. In considering wlkm vot 29 eAcE 940 a site plan for a proposed use in a C-2 zone the Planning Commission shall take into account the impact of the proposed use on nearby residential and commercial property, on the capacity of the street to carry traffic, and on the appearance of the street. The Planning Commission may require as a condition of approval: 1. An increase in the required yards. 2. Additional off-street parking. 3. Screening of the proposed use by a fence or landscaping. 4. Limitations on signs or lighting. 5. Limitations on the number and location of curb cuts. 6. Any other conditions which it considers necessary to achieve the purposes of this ordinance. SECTION 3.365 Yards. Except as provided in Article 7, in a C-2 zone the minimum yard requirements shall be as follows: 1. A front yard shall be a minimum of 10 feet between a building or structure and the ultimate street right-of-way as adopted on the Comprehensive Plan or Official Map. 2. A side or rear yard abutting a residential zone shall be a minimum of 25 feet. 3. A side or rear yard abutting a street shall be a minimum of 10 feet. 4. A rear yard abutting an alley shall be 25 feet when it is to be used for servicing the commercial establishment. SECTION 3.370 Height of Buildings. In a C-2 Zone no building shall exceed a height of 35 feet or two and one-half stories, whichever is lower. SECTION 3.375 Signs. In a C-2 Zone signs are subject to the following general requirements: 1. Signs shall be set back at least 10 feet from a lot in a residential zone. 2. Signs shall not be placed (post or overhang) or projected into an ultimate street right-of-way as adopted on the Comprehensive Plan or Official Map. 3. In the event a person, desiring to erect or place a sign, does not know or is uncertain where the ultimate street right-of-way is located, he shall contact the County Planning Department for assistance. 4. Signs shall be oriented in a manner not to cast direct light on adjacent or nearby residential property. 5. The specific types, sizes, design and number of permitted commercial and industrial signs shall conform to the County Sign Code as may be adopted in addition to this ordinance. SECTION 3.380 Off -Street Parking and Loading. In a C-2 Zone Off-street parking and loading shall be provided in accordance with the provisions of Article 5. - 23 - va 29 r 941 LIGHT INDUSTRIAL ZONE M-1 SECTION 3.410 Uses Permitted Outright. In an M-1 Zone, the following uses and their accessory uses are permitted outright: 1. Business office or commercial service business. 2. Eating or drinking establishment. 3. Manufacturing, fabricating, processing, repairing, packing or storage, except a use specifically listed as a conditional use in an M-1 zone or a use specifically listed as permitted outright or as a conditional use in an M-2 zone. 4. Service station. 5. Veterinary clinic or kennel. 6. Wholesale distribution and sales. 7. Trucking freight terminal. 8. Any industry related to research activities and its products thereof, subject to Section 3.420. SECTION 3.415 Conditional Uses Permitted. In an M-1 Zone the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Article 7: 1. Public use. 2. Semi-public use. 3. Concrete or ready -mix plant. 4. The resumption of a residential use for single, two or multi -family dwellings as the use has been previously conducted where such use has been discontinued. SECTION 3.420 Limitations on Use. In an M-1 Zone the following limitations on use shall apply: 1. Any use which creates a nuisance because of excessive noise, smoke, odor, dust, or gas is prohibited. 2. Materials shall be sorted and grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard. 3. All service, processing, and storage on property abutting or facing a residential zone shall be wholly within an enclosed building or screened from view from the residential zone or a street or highway by a permanently -maintained, sight -obscuring fence at least six feet high or sight obscuring landscaping. 4. Access from a public street to properties in an M-1 zone shall be so located as to minimize traffic congestion and avoid directing industrial traffic onto residential or other streets. 5. Building entrances or other openings adjacent to a residential or commercial zone shall be prohibited if they cause glare, excessive noise, or otherwise adversely affect the use or value of the adjacent property. - 24 - von 29 Facc 942 6. Water used in conjunction with an industrial use shall not be used or discharged except as approved by the State Department of Environmental Quality. Also sewage disposal systems shall be approved by the County Health Department prior to installation. SECTION 3.425 Site Plan Review. In an M-1 Zone a use permitted shall be subject to the provisions of this section. Before a new building may be constructed or an existing building enlarged or substantially altered, a site development plan shall be submitted to the Planning Commission for approval. Construction and development of the site shall be in substantial conformance with plans approved by the Planning Commission. In considering a site plan for a proposed use in an M-1 zone the Planning Commission shall take into account the impact of the proposed use on nearby residential and commercial property, on the capacity of the street to carry traffic, and on the appearance of the street. The Planning Commission may require as a condition of approval: 1. An increase in the required yards. 2. Additional off-street parking. 3. Screening of the proposed use by a fence or landscaping. 4. Limitations on signs or lighting. 5. Limitations on the number and location of curb cuts. 6. Any other conditions which it considers necessary to achieve the purposes of this ordinance. SECTION 3.430 Yards. Except as provided in Article 6, in an M-1 Zone the side, front and rear yard shall be a minimum of 50 feet. SECTION 3.435 Lot Coverage. In an M-1 Zone buildings shall not cover more than 75 percent of the lot. SECTION 3.440 Height of Buildings. In an M-1 Zone no building shall exceed a height of 45 feet or three stories. SECTION 3.445 Signs. In an M-1 Zone signs are subject to the following general requirements : 1. Signs shall be set back at least 25 feet from a lot in a residential zone. 2. Signs shall not be placed (post or overhang) or projected into an ultimate street right-of-way as adopted on the Comprehensive Plan or Official Map. 3. In the event a person, desiring to erect or place a sign, does not know or is uncertain where the ultimate street right-of-way is located, he shall contact the County Planning Department for assistance. 4. Signs shall be oriented in a manner not to cast direct light on adjacent or nearby residential property. - 25 - U1 5. The specific types, sizes, design and number of permitted commercial and industrial signs shall conform to the County Sign Code as may be adopted in addition to this ordinance. SECTION 3.450 Off -Street Parking and Loading. In an parking and loading shall be provided in accordance with of Article 5. - 26 - 29 PAGE 943 M-1 Zone off-street the provisions va 29 Fsm944 HEAVY INDUSTRIAL ZONE M=2 SECTION 3.455 Uses Permitted Outright. In an M-2 Zone the following uses and their accessory uses are permitted outright: 1. A use permitted outright in an M-1 zone. 2. Concrete or concrete products manufacturing. 3. Lumber manufacturing or wood processing. 4. Petroleum products storage or distribution. SECTION 3.460 Conditional Uses Permitted. In an M-2 Zone the following uses and their accessory uses are permitted, when authorized in accordance with the provisions of Article 7: 1. Asphalt plant. 2. Chemical manufacturing or storage, including farm chemicals. 3. Livestock feeding yard or stock yard. 4. Glue manufacturing. 5. Ore smelter. 6. Public use. 7. Semi-public use. 8. Rendering plant. 9. Slaughter house 10. Tannery. 11. Wrecking yard or junk yard. 12. The resumption of a residential use for single, two or multi -family dwellings as the use has been previously conducted where such use has been discontinued. SECTION 3.465 Limitations on Use. In an M-2 Zone the following limitations on use shall apply: 1. Any use which creates a nuisance because of excessive noise, smoke, odor, dust, or gas is prohibited. 2. Materials shall be stored and grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard. 3. All service, processing, and storage on property abutting or facing a residential zone shall be wholly within an enclosed building or screened from view from the residential zone or a street or highway by a permanently -maintained, sight -obscuring fence at least six feet high or sight obscuring landscaping. 4. Access from a public street to properties in an M-2 zone shall be so located as to minimize traffic congestion and avoid directing industrial traffic onto residential or other streets. 5. Building entrances or other openings adjacent to a residential or commercial zone shall be prohibited if they cause glare, excessive noise, or otherwise adversely affect the use or value of the adjacent property. - 27 - va 29 ra,945 6, Water used in conjunction with an industrial use shall not be used or discharged except as approved by the State Department of Environmental Quality. Also sewage disposal systems shall be approved by the County Health Department prior to installation. SECTION 3.470 Site Plan Review• In an M-2 Zone a use permitted shall be subject to the provisions of this section. Before a new building may be constructed or an existing building enlarged or substantially altered, a site development plan shall be submitted to the Planning Commission for approval. Construction and development of the site shall be in substantial conformance with plans approved by the Planning Commission. In considering a site plan for a proposed use in an M-2 zone the Planning Commission shall take into account the impact of the proposed use on nearby residential and commercial property, on the capacity of the street to carry traffic, and on the appearance of the street. The Planning Commission may require as a condition of approval: 1. An increase in the required yards. 2. Additional off-street parking. 3. Screening of the proposed use by a fence or landscaping. 4. Limitations on signs or lighting. 5. Limitations on the number and location of curb cuts. 6. Any other conditions which it considers necessary to achieve the purposes of this ordinance. SECTION 3.475 Yards. Except as provided in Article 6, in an M-2 Zone the side, front and rear yard shall be a minimum of 50 feet. SECTION 3.480 Lot Coverage. In an M-2 Zone buildings shall not cover more than 75 percent of the lot. SECTION 3.485 Height of Buildings. In an M-2 Zone no building shall exceed a height of 45 feet or three stories. SECTION 3.490 Signs. In an M-2 Zone signs are subject to the same requirements as provided in the M-1 Zone, Section 3.445. SECTION 3.495 Off -Street Parking and Loading. In an M-2 Zone off-street parking and loading shall be provided in accordance with the provisions of Article 5. MMM VOL 29 rAcE946 INDUSTRIAL RESERVE ZONE M -R SECTION 3.510 Uses Permitted Outright. In an M -R Zone, certain uses and their accessory uses are permitted where a site development plan as required in Section 3.520 has been approved by the Planning Commission. In considering the site development plan, the Commission shall determine that the proposed development is significantly related to and dependent on a transportation facility such as an airport or railroad as identified in and as recommended by the policies of the Comprehensive Plan for Deschutes County. In addition, the M -R zone includes certain incidental and commercial service uses to accomodate such M -R industries. The M -R zone is established to ensure the protection and enhancement of the economic values of special use industries which could otherwise be hampered by uses permitted in other industrial zones. M -R zone uses include the following: 1. Manufacturing and incidental uses pursuant to the purpose of this Section. 2. Truck freight terminal. 3. Any industrial use engaged in research activities and products thereof, subject to Section 3.515. 4. Public use and Semi-public use when appropriate to an M -R area. 5. Business office incidental to a permitted industrial use.. 6. Commercial service business. 7. Eating or drinking establishment. 8. Wholesale distribution of goods incidental to M -R industries. 9. Service station. 10. Similar uses incidental or related to M -R industries, as authorized in accordance with Section 2.050 of this ordinance. SECTION 3.515 Limitations on Use. In an M -R Zone the following limitations on use shall apply: 1. Any use which creates a nuisance because of excessive noise, smoke, odor, dust, or gas is prohibited. 2. Materials shall be stored and grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard. 3. All service, processing, and storage on property abutting or facing a residential zone shall be wholly within an enclosed building or screened from view from the residential zone or a street or highway by a permanently -maintained, sight -obscuring fence at least six feet high or sight obscuring landscaping. 4. Access from a public street to properties in an M -R zone shall be so located as to minimize traffic congestion and avoid directing industrial traffic onto residential or other streets. 5. Building entrances or other openings adjacent to a residential or commercial zone shall be prohibited if they cause glare, excessive noise, or otherwise adversely affect the use or value of the adjacent property. - 29 - va 29 rox 947 6. Water used in conjunction with an industrial use shall not be used or discharged except as approved by the State Department of Environmental Quality. Also sewage disposal systems shall be approved by the County Health Department prior to installation. SECTION 3.520 Site Plan Review. In an M -R Zone a use permitted shall be subject to the provisions of this section. Before a new building may be constructed or an existing building enlarged or substantially altered, a site development plan shall be submitted to the Planning Commission for approval. Construction and development of the site shall be in substantial conformance with plans approved by the Planning Commission. In considering a site plan for a proposed use in an M -R zone the Planning Commission shall take into account the impact of the proposed use on nearby residential and commercial property, on the capacity of the street to carry traffic, and on the appearance of the street. The Planning Commission may require as a condition of approval: 1. An increase in the required yards. 2. Additional off-street parking. 3. Screening of the proposed use by a fence or landscaping. 4. Limitations on signs or lighting. 5. Limitations on the number and location of curb cuts. 6. Any other conditions which it considers necessary to achieve the purposes of this ordinance. SECTION 3.525 Yards. Except as provided in Article 6, in an M -R Zone the side, front and rear yard shall be a minimum of 25 feet. SECTION 3.530 Lot Coverage. In an M -R Zone buildings shall not cover more than 75 percent of the lot. SECTION 3.535 Height of Buildings. In an M -R Zone no building shall exceed a height of 45 feet or three stories. SECTION 3.540 Signs. In an M -R Zone signs are subject to the same requirements as provided in the M-1 zone, Section 3.445. SECTION 3.545 Off -Street Parking and Loading. In an M -R Zone off-street parking and loading shall be provided in accordance with the provisions of Article 5. - 30 - ARTICLE 4. SPECIAL USE ZONES PLANNED DEVELOPMENT ZONE PD VOL 29 PAGE 948 SECTION 4.010 Purpose and Utilization. The purpose of the PD Zone is to permit flexibility in the design and development of larger tracts of land. Planned developments, involving the careful application of design, are encouraged to achieve a more functional, esthetically pleasing and harmonious living environment within the County than might be achieved otherwise through strict adherence to the regulations of this ordinance or the Subdivision Ordinance No. PL -2. In certain instances, the objectives of these ordinances may be achieved by the development of planned units which do not conform with the more conventional standards of design and improvement. A planned unit development may include lots, streets and other improvements in an arrangement which will accommodate a variety of dwelling types and a variety of land uses which are made to complement each other and harmonize with existing or planned uses in the vicinity, by innovation in design. SECTION -4.020 Standards and Requirements. Approval of a request for a PD Zone is dependent upon the submission of an acceptable plan and satisfactory assurance that it will be carried out. The following standards and requirements shall apply: 1. A planned development approach may be utilized in the design and develop- ment of an urban, suburban or recreation residential area as generally shown on the Comprehensive Plan for Deschutes County. 2. A planned unit development includes, without exception, an open space or recreational area designed for the use and benefit of all the dwelling units or lots in the development. Lots or units shall be designed to have direct access to the open space provided. 3. A use permitted in an R-1, R-2 or C-1 zone is permitted in a PD zone. 4. The minimum area shall be 10 acres where a subdivision(including condominium) is proposed pursuant to the Subdivision Ordinance No. PL -2. 5. The minimum area shall be 5 acres where a subdivision is not proposed. 6. Where a planned development subdivision is proposed, the standards of the Subdivision Ordinance No. PL -2 shall apply. 7. The Planning Commission may require a performance bond to assure that the proposed development will be completed as approved and within the time limits agreed to. SECTION 4.030 Procedure. The following procedure shall be followed in requesting a PD Zone: 1. An applicant shall submit to the Planning Commission ten copies of a plan for development of the property. The plan shall be submitted - 31 - a 29 ?AGE 949 to the Planning Director at least 21 days prior to the Planning Commission meeting at which it will be considered. The plan shall show at a suitable scale the following information: a. The relationship of the property to the surrounding area. b. The preliminary plan of subdivision or re -subdivision, if any, which shall include the information requi red by the Subdivision Ordinance. c. Land uses, building locations, and number of dwelling units. d. The arrangement of streets and pedestrian ways. e. The location of off-street parking spaces. f. The location of public or communal open space. g. Plans for site grading and drainage. h. Plans for water supply and sewage disposal. i. Plans for transfer of ownership of the property, if any, and arrangements for maintenance of common areas and facilities. 2. In considering the plan, the Planning Commission shall determine that: a. There are special development objectives or physical conditions which justify a request for a PD Zone. b. The planned development will be in harmony with the surrounding area. c. The planned development can be completed within a reasonable period of time. d. The planned development will not overload adjacent streets or utilities. e. The planned development will be consistent with the objectives of the Comprehensive Plan. 3. The Planning Commission shall notify the applicant whether in its judgment the foregoing provisions have been satisfied and, if not, whether they can be satisfied with other alternatives or revision of the plan. 4. When the foregoing provisions have been satisfied for a development plan or preliminary subdivision plan, the Planning Commission may, after the public hearing, grant preliminary approval of the plans and recommend adoption of the PD Zone to the Board of Commissioners. Final approval of the plan of a planned development or final sub- division plat (pursuant to Ordinance PL -2) shall be withheld until the zone change to PD has been adopted by the Board of Commissioners and has become effective. 5. In the event the planned development is proposed in a permitted zone as a Conditional Use, plans may receive approval (with conditions) when the Conditional Use Permit is approved by the Planning Commission. In such case, when the conditions have been satisfied and the final plan or final subdivision plat has been approved, the planned development zone classification symbol (PD) will be automatically incorporated as part of the permitted zone; i. e. R-1 (PD). - 32 - SCENIC CORRIDOR ZONE SC VOL 29 PACE 950 SECTION 4.110 (Reserved for expansion) - 33- i OL 29 rAcE 951 FLOOD PLAIN ZONE FP SECTION 3.210 (Reserved for expansion) - 34 - AIRPORT APPROACH ZONE AA vot 29 mcE952 SECTION 4.310 (Reserved for expansion) - 35 - VOL 29 rxE9M ARTICLE 5. SUPPLEMENTARY REGULATIONS SECTION 5.010 Home occupations. A home occupation, when conducted as an accessory use to a dwelling in a residential zone, shall be subject to the following limitations: 1. No person shall be employed other than a member of the family residing on the premises. 2. No exterior storage or display shall be permitted. 3. Exterior signs shall be limited to those permitted in the zone in which the home occupation is located. There shall be no other exterior indication of the home occupation. 4. There shall be no retail sales from the premises. 5. A home occupation which creates a nuisance because of noise, smoke, dust, gas, or the generation of excessive vehicle traffic is prohibited. SECTION 5.020 Minimum Lot Frontage. Every lot shall abut a street, other than an alley, for at least 60 feet or as specified in the County Subdivision Ordinance No. PL -2 (as applied to curved streets and other conditions). SECTION 5.030 Clear -Vision Area Requirements. A clear -vision area of 15 ft. shall be maintained on the corners of all property adjacent to the intersection of two streets or of a street and a railroad. A clear -vision area shall contain no planting, fence, or other temporary or permanent obstruction exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the established center line grade of the street, except that trees exceeding two and one-half feet may be permitted if foliage is removed to a height of 8 feet above the top of the curb. SECTION 5.040 Off -Street Parking. At the time a building is constructed or enlarged, off-street parking spaces shall be provided as set forth in this section. When square feet are specified, the area measured shall be the gross floor area of the building but shall exclude any space within a building devoted to off-street parking or loading. When the number of employees is specified, persons counted shall be those working on the premises, including proprietors, during the largest shift at peak season. USE 1. Residential uses. One or two-family dwelling or mobile home. Multi -family dwelling containing three or more dwelling units. - 36 - STANDARD One space per dwelling unit. Spaces equal to 1.5 times the number of dwelling units. 2. Commercial residential uses. Motel or hotel Club or lodge 3. Institutions Convalescent hospital, nursing home, sanitarium, rest home. Hospital 4. Places of public assembly. Church Elementary or junior high school High School Other auditorium or meeting room 5. Commercial amusements. Stadium, arena, etc. Bowling establishment without restaurant. Bowling establishment with restaurant. Dance hall or skating rink. WYM vat 29 PAGE 954 One space per guest or suite plus one space for the owner or manager. Spaces to meet the combined requirements of the uses being conducted such as hotel, restau- rant, etc. One space per two beds for patients or residents. Spaces equal to 1.5 times the number of beds. One space per four seats in the main auditorium. One space per classroom plus one space per administrative employee or one space per four seats in the auditorium or assembly room. One space per classroom plus one space per administrative employee plus one space for each six students or one space per four seats in the main auditorium. One space per 60 square feet of floor area. One space per four seats. Six spaces per alley. Eight spaces per alley. One space per 100 square feet. of floor area. 6. Commercial Retail store Service or repair shop, retail business handling bulky merchan- dise such as automobiles and furniture. Bank or business office Medical or dental clinic Eating or drinking establishment Mortuary 7. Industrial Storage warehouse, manufacturing freight terminal or wholesale establishment. a 29 rAcE955 One space per 400 square feet of floor area. One space per 600 square feet of floor area. One space per 600 square feet of floor area plus one space per two employees One space per 300 square feet of floor area plus one space per two employees. One space per 200 square feet of floor area. One space per four seats in the chapel. One space per employee. SECTION 5.050 Off -Street Parking and Loading. Buildings or structures to be built or substantially altered which receive and distribute materials and merchandise by trucks shall provide and maintain off-street loading berths in sufficient number and size to handle adequately the needs of the particular use. Off-street parking areas used to fulfill the requirements of this ordinance shall not be used for loading and unloading operations except during periods of the day when not required to care for parking needs. General provisions are as follows: 1. The provision and maintenance of off-street parking and loading spaces is a continuing obligation of the property owner. Should the owner or occupant of any lot or building change the use to which the lot or building is put, thereby increasing off-street parking or loading requirements, it shall be a violation of this ordinance to begin or maintain such altered use until such time as the increased off-street parking or loading requirements are complied with. 2. Requirements for types of buildings and uses not specifically listed in this ordinance shall be determined by the Planning Commission based upon the requirements for comparable uses listed. 3. In the event several uses occupy a single structure or parcel of land, • the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately. - 38 - VOL 29 PAGE 956 4. Owners of two or more Uses, structures, or parcels of land may agree to utilize jointly the sante parking and loading spaces when the hours of operation do not overlap, provided that satisfactory legal evidence is presented to the county in the form of deeds, leases, or contracts to establish the joint use. 5. Off-street parking spaces for dwellings shall be located on the same parcel with the dwelling. Other required parking spaces shall be located not farther than 500 feet from the building or use they are required to serve, measured in a straight line from the building. 6. Required parking spaces shall be available for the parking of passenger automobiles of residents, customers, patrons, and employees only, and shall not be used for storage of vehicles or materials or for the park- ing of trucks used in conducting the business or use. SECTION 5.060 Design and Improvement Standards for Parking Lots. 1. Areas used for parking for more than two vehicles shall have durable and dustless surfaces adequately maintained. 2. Except for parking in connection with dwellings, parking and loading areas adjacent to or within a residential zone or adjacent to a dwelling shall be designed to minimize disturbance to residents by the erection between the uses of a sight -obscuring fence or planted screen of not less than five feet in height except where vision clear- ance is required. 3. Parking spaces along the outer boundaries of a parking lot shall be contained by a bumper rail or by a curb which is at least four inches high and which is set back a minimum of one and one-half feet from the property line. 4. Artificial lighting which may be provided shall not shine or create glare in any residential zone or on any adjacent dwelling. 5. Access aisles shall be of sufficient width to permit easy turning and maneuvering. 6. 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 right-of-way other than an alley. 7. Service -drives to off-street parking areas shall be designed and constructed both to facilitate the flow of traffic and to provide maximum safety for vehicles and pedestrians. The number of service drives shall be limited to the minimum that will accommodate anticipated traffic. 71 8. Driveways 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. - 39 - vii 29 tAGE 957 .10 ARTICLE 6. EXCEPTIONS SECTION 6.010 Projections from Building. Cornices, eaves, canopies, sun- shades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, and other similar architectural features shall not project move than 24 inches into a required yard. SECTION 6.020 Exception to Lot Size Requirements. If a lot or the aggregate of contiguous lots or parcels platted prior to the time this ordinance was adopted has an area or dimension which does not meet the requirements of this ordinance, the lot or aggregate holdings may be put to a use permitted subject to the other requirements of the zone in which the property is located. SECTION 6.030 Exception to Yard Requirements, The Planning Commission may increase the yard requirement when a yard abuts a street which the County has designated for future widening. The Planning Commission may permit a lesser front yard requirement if structures on abutting lots do not meet the front yard requirement of the zone in which it is located. SECTION 6.031 Exception to Yard Requirements For Detached Access or Buil din s. Detached accessory buildings shall be located not less 50 50 feet from the front lot line and shall not project into the required side yard on the street side of a corner lot. Where no alley exists, accessory buildings shall be located not less than 6 feet from the rear lot line, but in no event may a structure encroach on a public utility easement. Where an alley does exist, accessory buildings shall be located not less than five feet from the rear lot line or alley. SECTION 6.040 Exception to Building Height Limitations. The following types of structures or structural parts are not subject to the building height limitations of this ordinance: chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, transmission towers, smokestacks, flagpoles, radio and television towers, masts, aerials, cooling towers, elevator shafts, and other similar projections. - 40 - vot 29 FACE 958 ARTICLE 7. CONDITIONAL USES SECTION 7.010 Authorization to Grant or Deny Conditional Uses. Uses designated in this ordinance as conditional uses may be permitted upon authorization by the Planning Commission in accordance with the standards and procedures established in this article. In permitting a conditional use the Planning Commission may impose, in addition to those standards and requirements expressly specified by this ordinance, any additional condi ti ons which it considers necessary to protect the best interests of the surrounding property or community. These conditions may include increasing the required lot size or yard size, limiting the height of buildings, controlling the location and number of driveways, increasing the street width, increasing the number of off-street parking and loading spaces, limiting the number, size, and location of signs, and requiring diking, fencing, screening, or landscaping to protect nearby property values. In the case of a use existing prior to the effective date of this ordinance and which is classified in this ordinance as a conditional use, any change in use or in lot area or any substantial alteration of the structure shall conform with the requirements dealing with conditional uses. SECTION 7.020 Application for a Conditional Use. A property owner may initiate a request for a conditional use by filing an application with the Planning Commission using forms precribed in Article -ll,. Application forms shall be provided by the County Planning Department. An application to the Planning Commission shall be filed with the Planning Director at least 21 days prior to the Planning Commission meeting. y SECTION 7.030 Public Hearing on a Conditional Use. Before the Planning Com- mission may act on a request for a conditional use it shall hold a public hearing following the procedure described in Article 11. SECTION 7.040 Notification of Action. Within five days after a decision has been rendered on a request for a conditional use, the Planning Director shall provide the applicant with written notice of the Commissions action. SECTION 7.050 Standards Governing Conditional Uses. A conditional use shall comply with the standards of the zone in which it is located except as these standards may have been modified in authorizing the conditional use or as otherwise provided as follows: 1. Yards: In a residential zone a required yard shall be at least two-thirds the height of the principal structure. In any zone additional yard requirements may be imposed pursuant to Section 7.010. 2. Church: The Planning Commission may authorize a church as a conditional use if in its judgment the size of the site is adequate for the intended use, access to the site is adequate, and the surrounding property will not otherwise be adversely affected. 3. Planned Development: Authorization of a planned development as a conditional use is dependent upon the submission and approval of a plan for such develop- ment, or subdivision plan, in accordance with the standards and procedures prescribed in Article 4. Section 4.010. In approving a conditional use for a planned development, the principle use must be as permitted in the zone in which it is located. - 41 - vot 29 fw 959 4. Mobile Home Park. Authorization of a mobi lehonie park as a conditional use is subject to the submission and approval of a development plan ' by the Planning Commission. The primary purpose is to determine -its relationship to and effects on surrounding property. The development plan shall be drawn at a scale of 1 inch = 50 feet or larger in legible form and shall include the following information: a. Name, scale, north point and general property description (location). b. Method of water supply and sewage disposal. c. Location of trailer spaces and parking spaces. d. Location of streets, septic and drainfield facilities, recreation and other facilities. e. Location of any natural features that might affect the design. Four copies of the development plan shall be submitted to the Planning Director for review and distribution to the County and State Health Departments for their review. The plan shall be submitted at least 21 days prior to the Planning Commission meeting. Basic development standards are as follows: a. The minimum area for a mobile home park shall be three acres. b. The average area of mobile home sites within the trailer park shall not be less than 4,000 square feet, excluding roadways, recreation areas, and other accessory facilities. c. A sight -obscuring fence or hedge row not less than 6 feet high shall enclose the trailer park except at points of entry and exit. d. A parking space shall be provided for each trailer site. In addition, guest parking spaces shall be provided in every trailer park within 200 feet of the trailer sites served, at a ratio of one parking space for each two trailer sites. Parking spaces and drives shall have durable and dustless surfaces and shall be properly drained and maintained. 5. Medical or Dental Clinic. The Planning Commission may authorize a medical or dental clinic as a conditional use in an R-2 zone if access to the site is from a major or secondary street, if off-street parking space is adequate, and if the design of the clinic is compatible with the character of the immediate neighborhood. 6. Keeping of Livestock. The Planning Commission may authorize the keeping of livestock as a conditional use in a residential zone subject to the following standards: a. One horse shall have a fenced corral or pasture with a useable area of at least 7,500 square feet; two horses, at least 10,000 square feet; and for each additional horse at least 5,000 square feet(but in no event shall the lot area be less than 20,000 square feet). b. Cows, goats, sheep, swine, fowl, or other livestock shall not be kept on any parcel of land with an area less than one acre. - 42 - VOL 29tl C. No enclosure for horses, cows, goats, sheep, swine, or other livestock shall be located closer than 25 feet to a dwelling. d. Fences erected in connection with the keeping of livestock shall be of lumber or other solid material, shall be kept in good repair, and shall be at least four feet in height. Fences shall not be made of barbed wire. A fence shall meet the (front yard) setback requirements of the zone. 7. Wrecking Yard or Junk Yard. A wrecking yard shall be enclosed by a sight -obscuring fence not less than six feet high and shall not be located along a designated scenic highway or within a scenic corridor as designated by the Comprehensive Plan of Deschutes County. In considering a proposed wrecking yard or junk yard, the Planning Commission shall determine that adequate provisions are made for the permanent maintenance and disposal of materials over time as conditions may warrant. - 43 - VOL 29 PACE %I ARTICLE 8. NONCONFORMING USES SECTION 8.010 Continuation of a Nonconforming Use or Structure. Subject to the provisions of this article, a nonconforming use or structure existing prior to the adoption of this ordinance may be continued and maintained in reasonable repair. A structure conforming with respect to use but noncon- forming with respect to height, setback, or coverage may be altered or extended if the alteration or extension does not further deviate from the standards of this ordinance. SECTION 8.020 Discontinuance of a Nonconforming Use. 1. If a nonconforming use involving a structure is discontinued from use for a period of one year, further use of the property shall conform to this ordinance; except that previous residential use may be resumed as a conditional use pursuant to Article 7. 2. If a nonconforming use not involving a structure is discontinued for a period of one year, further use of the property shall conform to this ordinance. SECTION 8.030 Change of a Nonconforming Use. If a nonconforming use is replaced by another use, the new use shall conform to this ordinance. SECTION 8.040 Destruction of a Nonconforming Use. If a nonconforming •` structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding 60 percent of fair market value as in- dicated by the records of the County Assessor, a future structure or use on the site shall conform to this ordinance. SECTION 8.050 Completion of Structure. Nothing contained in this ordinance shall require any change in the plans, construction, alteration, or designated use of a structure for which construction work has commenced prior to the adoption of this ordinance. - 44 - r va 29 ?AGE 962 ARTICLE 9. VARIANCES SECTION 9.010 Authorization to Grant or Deny Variances. The Planning Commission may authorize variances from the standards of this ordinance where it can be_shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this ordinance would cause an undue or unnecessary hardship, except that no variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance the Planning Commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this ordinance. SECTION 9.020 Circumstances for Granting a Variance. No variance shall be granted unless it can be shown that all of the following circumstances exist: 1. Conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control. 2. The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity. 3. The authorization of the variance will not be injurious to other property in the zone or vicinity in which the property is located and will not otherwise conflict with the purposes of this ordinance. 4. The variance requested is the minimum variance which will alleviate the hardship. SECTION 9.030 Application for a Variance. A property owner may initiate a request for a variance by filing an app ication with the Planning Director, using forms prescribed in Article 11. 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 development. SECTION 9.040 Public Hearing on a Variance. Before the Planning Commission may act on a request for a variance, it shall hold a public hearing in accordance with the provisions of Article 11. SECTION 9.050 Notification of Action. Within five days after a decision has been rendered on a request for a variance, the Planning Director shall provide the applicant with written notice of the Commission's action. - 45 - " - VOL 29 FACE %3 10 ARTICLE 10. AMENDMENTS SECTION 10.010 Authorization to Initiate Amendments. An amendment to the text of this ordinance or to a zoning map may be initiated by the Board of County Commissioners, by the Planning Commission, or by a property owner. A property owner may initiate a request for an amendment by filing an appli- cation with the Planning Director using forms prescribed by Article 11. SECTION 10.020 Public Hearingon an Amendment. The Planning Commission shall hold a public hearing on a proposed amendment in accordance with the provisions of Article 11. Within 40 days after the hearing the Planning Commission shall recommend to the Board of Commissioners approval, disapproval, or modification of the proposed amendment. SECTION 10.030 Record of Amendments. The County Clerk shall maintain records of amendments to this ordinance in a form convenient for use by the public. - 46 - vot 29 fAcE964 ARTICLE 11. ADMINISTRATIVE PROVISIONS SECTION 11.010 Administration. It shall be the duty and responsibility of the Planning Director to administer this ordinance by authority of the County Planning Commission and the Board of County Commissioners. SECTION 11.020 Appeal from Ruling of the Planning Commission. An action or ruling of the Planning Commission pursuant to this ordinance may be appealed to the Board of County Commissioners within 15 days after Planning Commission action. Written notice of the appeal shall be filed within the 15 -day period, the Planning Commission shall make a written report and recommendation to the Board of Commissioners. The Board of Commissioners shall hold a public hearing on the appeal. SECTION 11.030 Form of Petitions, Applications, and Appeals. All petitions, applications, and appeals provided for in this ordinance shall be made on forms prescribed by the County. SECTION 11.040 Filing Fees. Upon filing an application for an amendment, a conditional use permit, or a variance, the applicant shall pay a fee as may be established by the Board of Commissioners. SECTION 11.050 Notice of Public Hearing. When the Planning Commission is required to hold a public hearing, notice of the hearing shall be given in the following manner: 1. Each notice of a hearing on an amendment to change the zoning map, on s a conditional use, or on a variance shall be published in a newspaper • of general circulation in the County not more than ten days nor less than 5 days prior to the date of the hearing. In addition, at least 5 days prior to the date of the hearing, notices shall be mailed to all owners of property within 250 feet of the exterior boundary of the property for which the application is made. For this purpose the names and addresses of the owners as shown on the records of the County Assessor may be used. 2. Each notice of a hearing on an amendment to the text of this ordinance shall be published at least three times in a newspaper of general circulation in the county not more than 10 days or less than 5 days prior to the date of the hearing. 3. Each notice of a hearing on an appeal authorized by this ordinance shall be published in a newspaper of general circulation in the county not more than 10 days or less than 5 days prior to the date of the hearing. 4. Failure of a person to receive the notice prescribed in this section shall not impair the validity of the hearing. - 47 - Vfl 'Z FACE 965 5. The Planning Commission may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposal being considered. Upon recessing, the Planning Commission shall announce the time and date when the hearing is to be resumed. SECTION 11.060. Time Limit on a Permit for a Conditional Use, Variance,or a Zone Change. Authorization of a conditional use, a variance, or a zone change shall be void after eighteen months unless substantial construction has taken place. VOL 29 PAGE 966 _0 . ARTICLE 12. RPILED I ES SECTION 12.010 Penalty. A person violating a provision of this ordinance shall, upon conviction, be punished by imprisonment for not more than 30 days or by a fine of not more than $100, or both. A violation of this ordinance shall constitute a separate offense each day that the violation continues pursuant to O.R.S. 215.990. SECTION 12.020 Enforcement - Alternative Remedy. In case a building or other structure is, or is proposed to be located, constructed, maintained, repaired, altered, or used, or land is or is proposed to be used in violation of this ordinance, the building or land thus in violation shall constitute a nuisance, and the county may, as an alternative to other remedies that are legally available for enforcing this ordinance, institute injunction, abatement, or other appropriate proceedings to prevent, enjoin temporarily or permanently, abate, or remove the unlawful location, construction, maintenance, repair alteration, or use. Approved by the Board of County Commissioners on the to become effective on January I, 1972. A EST: chutes C y ierk 3 2nd day of December, 1971, BOARD OF COMMISSIONERS COUNTY OF DESCHUTES r -49-