Chapter 18.108
POWELL BUTTE RURAL RESIDENTIAL ZONE, PBR-20
Sections:
18.108.010 Uses permitted outright.
18.108.020 Conditional uses permitted.
18.108.040 Yard and setback requirements.
18.108.050 Water source requirements for Powell Butte study area.
18.108.060 Covenant of nonremonstrance.
18.108.070 Limitations on livestock.
18.108.090 Wildlife policy applicability.
18.108.005 Purpose.
The Powell Butte rural residential, PBR-20 zone is intended to provide for low-density rural residential development in the Powell Butte area of Crook County on lands that do not meet the definition of farm or forest resource lands and on certain exceptions areas identified as appropriate for development on 20-acre lots by the comprehensive plan. This zone is also intended to allow hobby farming. (Ord. 18 § 3.220, 2003)
18.108.010 Uses permitted outright.
In the PBR-20 zone, the following uses and their accessory buildings and uses are permitted subject to site plan review standards of this chapter:
(1) Single-family dwellings, including manufactured dwellings in compliance with CCC 18.132.010.
(2) Land partitioning or subdivision.
(3) Planned unit development for uses specifically permitted by this PBR-20 zoning district only.
(4) Residential homes.
(5) Farm use, subject to the limitations of this chapter.
(6) Noncommercial wind energy systems and meteorological towers that meet the requirements of CCC 18.162.010.
(7) Noncommercial photovoltaic energy systems that meet the requirements of CCC 18.162.020. (Ord. 321 § 5, 2020; Ord. 245 § 1, 2011; Ord. 229 § 1 (Exh. A), 2010; Ord. 18 § 3.220(1), 2003)
18.108.020 Conditional uses permitted.
In the PBR-20 zone, the following uses and their accessory buildings and uses may be permitted subject to Chapter 18.160 CCC:
(1) Home occupations subject to CCC 18.160.050(7).
(2) Public parks, playgrounds or recreation facilities.
(3) Noncommercial wind energy systems and meteorological towers that do not meet the requirements of CCC 18.162.010 are subject to any additional standards of the zone and Chapter 18.160 CCC.
(4) Noncommercial photovoltaic energy systems that do not meet the requirements of CCC 18.162.020 are subject to any additional standards of the zone and Chapter 18.160 CCC.
(5) Commercial power generating facilities subject to the standards of Chapters 18.160 and 18.161 CCC. (Ord. 245 § 1, 2011; Ord. 229 § 1 (Exh. A), 2010; Ord. 18 § 3.220(2), 2003)
18.108.030 Lot size.
The minimum property size for a new parcel shall be 20 gross acres in size, including street right-of-way adjacent to the property that would accrue to the property if vacated.
Notwithstanding the 20-acre minimum lot size, the county may approve a smaller minimum lot size for lots in cluster or planned unit developments under the following conditions:
(1) The land was designated for rural residential development by Powell Butte Ordinance No. 130 and Ordinance No. 132, Amend. No 1;
(2) The new lots must be a minimum of five gross acres in size;
(3) The average density of the development may not exceed one dwelling per 20 gross acres; and
(4) Open space areas shall be deeded to the subdivision’s homeowners’ association or to a public entity. (Ord. 18 § 3.220(3), 2003)
18.108.040 Yard and setback requirements.
In the PBR-20 zone, the following yards and setbacks shall be maintained:
(1) Front Yards. The front yard setback from the property line shall be 20 feet unless the lot adjoins a major collector or arterial street right-of-way. A front yard of 30 feet shall be provided from a property line that fronts a major collector and 80 feet from a property line that fronts an arterial street unless combined accesses are provided and approved by the county, in which case the front yard may be reduced to 20 feet.
(2) Side Yards. Each side yard shall be a minimum of 20 feet, except that on corner lots or parcels, the side yard on the street side shall be a minimum of 30 feet.
(3) Rear Yards. Rear yards shall be a minimum of 25 feet.
(4) Special Yard Requirements. A minimum yard of 250 feet from adjacent lands zoned for exclusive farm use shall be provided for any yard that adjoins lands zoned for exclusive farm use, except when the adjoining EFU land is owned by a government entity (e.g., Bureau of Land Management) or is approved for a nonfarm use. In the event this special yard requirement prevents a lot from being developed for a use allowed by this zoning district, a smaller yard may be provided. The smaller yard must, however, be a maximum achievable special yard. The 250-foot special yard depth requirement applies in lieu of the depth requirement that would otherwise apply to the yard. (Ord. 18 § 3.220(4), 2003)
18.108.050 Water source requirements for Powell Butte study area.
All new development shall be served by deep wells (a well that draws water from the regional aquifer) or by a water district or public utility. The county shall verify compliance with this requirement as a condition of issuing building permits for new development on these lands. Lots served by private exempt wells in existence prior to March 1, 2000, shall be exempt from this requirement. (Ord. 18 § 3.220(5), 2003)
18.108.060 Covenant of nonremonstrance.
The county shall require, as a condition of site plan or conditional use approval, the property owners whose lots adjoin land zoned for exclusive farm use to sign and record in the records of the Crook County clerk a covenant of nonremonstrance in favor of adjacent EFU zoned land. The covenant shall provide that the property owners will not remonstrate against farming practices, as the term is defined by ORS 30.930. The covenant shall be an equitable servitude and be binding on all heirs, devisees, vendees and successors in interest of the property owner. (Ord. 330 § 4 (Exh. C), 2022; Ord. 18 § 3.220(6), 2003)
18.108.070 Limitations on livestock.
The following limitations on livestock shall apply in the PBR-20 zone:
(1) Cows, horses, goats, and sheep cannot be kept on lots having an area of less than 20,000 square feet. The total number of all such animals (other than their young under the age of six months) allowed on a lot shall be limited to the square footage of the lot divided by the minimum area required for each animal as listed below:
Horses – 20,000 square feet of area for each adult animal.
Cows – 20,000 square feet of area for each adult animal.
Goats – 20,000 square feet of area for each adult animal.
Sheep – 20,000 square feet of area for each adult animal.
(2) The number of chickens, fowl, and/or rabbits (over the age of six months) shall not exceed one for each 500 square feet of property. The number of young under the age of six months allowed on the property at any time shall not exceed three times the allowable number of adult animals. (Ord. 18 § 3.220(7), 2003)
18.108.080 Site plan.
For all uses allowed by CCC 18.108.010, the uses are subject to this section. Before a new building or use may be constructed, a site development plan shall be submitted to the planning department for approval. The planning department shall review for compliance with the zoning standards of this chapter. (Ord. 18 § 3.220(8), 2003)
18.108.090 Wildlife policy applicability.
The residential density limitations and the lot and parcel size limitations found in Wildlife Policy 2 of the Crook County comprehensive plan do not apply to any nonresource zones. (Ord. 236 § 1 (Exh. A), 2010)