Chapter 18.124
SUPPLEMENTARY PROVISIONS

Sections:

18.124.010    Access – Minimum lot frontage.

18.124.020    Establishment of clear-vision areas.

18.124.030    Measurement of clear-vision area.

18.124.040    Sign limitations and regulations.

18.124.050    Authorization of similar uses.

18.124.060    General provisions regarding accessory uses.

18.124.070    Projections from buildings.

18.124.080    Maintenance of minimum ordinance requirements.

18.124.090    Riparian protection zone.

18.124.100    Rimrock setback requirements.

18.124.110    Approval process – Transmission tower.

18.124.120    Cargo containers.

18.124.130    Transportation facilities permitted outright.

18.124.140    Accessory dwelling units.

18.124.150    Temporary hardship dwelling.

18.124.010 Access – Minimum lot frontage.

Every lot shall abut a street, other than an alley, for at least 50 feet. (Ord. 280 § 15 (Exh. O), 2015; Ord. 18 § 4.010, 2003)

18.124.020 Establishment of clear-vision areas.

In all zones, a clear-vision area shall be maintained on the corners of all property at the intersection of two streets or a street and a railroad. A clear-vision area shall contain no planting, fence, wall, structure or temporary or permanent obstruction exceeding two and one-half feet in height, measured from the top of the curb, or where no curb exists, from the established street center line grade, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade. (Ord. 280 § 15 (Exh. O), 2015; Ord. 18 § 4.020, 2003)

18.124.030 Measurement of clear-vision area.

A clear-vision area shall consist of a triangular area two sides of which are lot lines measured from the corner intersection of the street lot lines for a distance specified in this regulation, or, where the lot lines have rounded corners, the lot lines extended in a straight line to a point of intersection and so measured, and the third side of which is a line across the corner of the lot joining the nonintersecting ends of the other two sides. The following measurements shall establish clear-vision areas within the county:

(1) In an agricultural, forestry or industrial zone, the minimum distance shall be 30 feet, or at intersections including an alley, 10 feet.

(2) In all other zones, the minimum distance shall be in relationship to street and road right-of-way widths as follows:

Row Width

Clear-Vision Measurement

80 feet and more

20 feet

60 feet

30 feet

50 feet

40 feet

(Ord. 280 § 15 (Exh. O), 2015; Ord. 18 § 4.030, 2003)

18.124.040 Sign limitations and regulations.

In addition to the standards and limitations set forth in this title, signs shall be installed in accordance with applicable regulations of state and federal agencies. No sign will hereafter be erected, moved or structurally altered without being in conformity with the provisions of this title. Official traffic control signs and instruments of the state, county or municipality are exempt from all provisions of this title.

(1) All outdoor signs shall be in compliance with the provisions of this title and the provisions of Chapter 377 ORS when applicable.

(2) No outdoor sign permitted by Chapter 377 ORS shall be erected within 300 feet of a residential dwelling without written consent of the owner and/or occupant of said dwelling.

(3) No sign shall be placed as to interfere with visibility or effectiveness of any official traffic sign or signal, or with driver vision at any access point or intersection.

(4) No sign shall cause glare, distraction or other driving hazards within a street or road right-of-way.

(5) No sign shall shine directly upon a residential dwelling or otherwise create a nuisance.

(6) In addition to the limitations on signs as provided by subsections (1) through (5) of this section, additional sign restrictions may be required as determined by the planning commission in approving conditional uses, as provided by Chapter 18.160 CCC. (Ord. 280 § 15 (Exh. O), 2015; Ord. 18 § 4.070, 2003)

18.124.050 Authorization of similar uses.

A use that is similar to a use provided for in a zone may be allowed in that zone with planning director approval pursuant to CCC 18.172.060(1) unless:

(1) The use is specifically provided for in another zone; or

(2) The use is more similar to uses provided for in another zone. (Ord. 280 § 15 (Exh. O), 2015; Ord. 216 § 2, 2009; Ord. 18 § 4.080, 2003)

18.124.060 General provisions regarding accessory uses.

An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:

(1) A side yard or rear yard may be reduced to three feet for an accessory structure erected more than 65 feet from a front lot line, provided the structure is detached from other buildings by five feet or more and does not exceed a height of one story nor an area of 450 square feet.

(2) Boats and trailers, travel trailers, pickup campers or coaches, motorized dwellings, and similar recreational equipment may be stored on a lot but not used as an accessory use in any zone; provided, that:

(a) In a residential zone, parking or storage in a front yard or in a side yard abutting a street other than an alley shall be permitted only on a driveway.

(b) Parking or storage shall be at least three feet from an interior side lot line. (Ord. 280 § 15 (Exh. O), 2015; Ord. 18 § 4.090, 2003)

18.124.070 Projections from buildings.

Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys and flues shall not project more than three feet into a required yard; provided, that the projection is not closer than three feet to a property line. (Ord. 280 § 15 (Exh. O), 2015; Ord. 18 § 4.170, 2003)

18.124.080 Maintenance of minimum ordinance requirements.

No lot area, yard, other open space or off-street parking or loading area existing on or after the effective date of the ordinance codified in this title shall be reduced below the minimum standards required for it by this title. (Ord. 280 § 15 (Exh. O), 2015; Ord. 18 § 4.180, 2003)

18.124.090 Riparian protection zone.

(1) The following area of riparian vegetation is defined: One hundred feet from lakes and reservoirs of one acre or more and from Class I and II streams. Setbacks are measured horizontal and perpendicular from the ordinary high-water line.

(2) All development shall be located outside of areas listed in subsection (1) of this section, unless:

(a) For a bridge crossing;

(b) Direct water access is required in conjunction with a water-dependent use;

(c) Because of natural feature such as topography, a narrower riparian area protects equivalent habitat values; or

(d) A minimal amount of riparian vegetation is present and existing dense development in the general vicinity significantly degrades riparian and fish and wildlife habitat values.

Setbacks may be reduced under the provisions of subsections (2)(c) and (d) of this section only if the threat of erosion will not increase and a minimum 50-foot setback is maintained. Determinations of riparian and habitat values will be made by the Oregon Department of Fish and Wildlife.

(3) All trees and at least 75 percent of the under story vegetation shall be retained within areas listed in subsection (1) of this section, with the following exceptions:

(a) Removal of trees that pose an erosion or safety hazard to existing uses allowed by the underlying zone.

(b) The mowing, planting, or maintenance of existing lawn and pasture, including the control of noxious weeds.

(c) Vegetation removal necessary in conjunction with an approved in-water project or to provide direct access for a water-dependent use.

(d) Structural shore land stabilization subject to an approved shoreline stabilization plan or project.

(e) Vegetation removal for new bridge construction or routine repair, operation, or maintenance of bridges and highways.

(f) Vegetation removal necessary for maintenance of clear vision areas and the removal of roadside hazards.

(g) Vegetation removal necessary for construction of a minor highway improvement within an existing right-of-way. Forest operations for which notification is required by ORS 527.670(2) shall be governed by the Oregon Forest Practices Act. (Ord. 280 § 15 (Exh. O), 2015; Ord. 18 § 4.190, 2003)

18.124.100 Rimrock setback requirements.

A proposed structure locating on the rimrock shall be set back 200 feet from the edge of said rimrock. (Ord. 280 § 15 (Exh. O), 2015; Ord. 18 § 4.210, 2003)

18.124.110 Approval process – Transmission tower.

(1) Applicability. Height Restrictions for Transmission Towers/Site Plan Review and Conditional Use.

(a) In EFU and Forest Zones. Transmission towers less than 200 feet in height or siting on a colocation facility shall be by site plan review based upon the standards contained within this section. New towers proposed to be greater than 200 feet in height shall be by conditional use, pursuant to this section. Nothing herein shall preclude any uses permitted outright under ORS 215.213(1)(d) or 215.283(1)(d).

(b) In Zones Described in Chapters 18.48, 18.52, 18.56, 18.68, 18.88, 18.92, 18.108 and 18.112 CCC. A new transmission tower less than 30 feet in height either from the existing grade or, if located on an existing building, from the base monopole, shall be by site plan review based on the standards contained within this section. Lattice towers shall not be permitted to be constructed on existing buildings. New towers proposed to be greater than 30 feet in height shall be by conditional use pursuant to this section. Colocation facilities shall be approved pursuant to CCC 18.160.050(17)(b).

(2) Conditional Use Approval. An application for a conditional use permit for a transmission tower or its equivalent in the EFU and forest zones shall comply with the applicable standards, setbacks and criteria of the base zone, any combining zone and the following requirements:

(a) Preapplication Conference. Applicant shall attend a scheduled preapplication conference prior to the submission of a land use application. An application for a transmission tower will not be deemed complete until the applicant has had a preapplication conference with the planning department staff. The planning staff shall require payment by the prospective applicant of a fee commensurate with the estimated duration of this conference.

(b) Neighborhood Meeting. Prior to submitting an application for a transmission tower, the applicant shall provide notice of and hold a meeting with interested owners of the property nearby to a potential facility location. Notice shall be in writing and shall be mailed no less than 10 days prior to the date set for the meeting to owners of record of property within a notice area of 2,000 feet of the boundary of the property on which the applicant proposes to establish a tower or monopole greater than 30 feet in height. For the purpose of this section, the property on which an applicant proposes to establish a transmission tower includes the lot of record on which the applicant will locate the facility and all contiguous lots of record held in common ownership. The applicant shall notify the owners of record of a minimum of 20 properties located within 660 feet of the affected property. If the number of owners of property notified in the notice area does not equal at least 20, the applicant shall notify the owners of record of property within the next increment of 660 feet from the initial notice area until the number of owners of property notified reaches at least 20. The applicant shall also provide a copy of this notice to the planning department.

(c) Balloon or Crane Test. After the neighborhood meeting, the applicant shall conduct a test with a balloon or a crane to provide an estimate of the ultimate height of a support structure proposed as part of the transmission tower. The applicant shall notify all persons attending the neighborhood meeting of the date, the time, and the location of the test. The applicant shall schedule the balloon test so that it can be conducted no later than two business days following the date of the neighborhood meeting or such time as is agreeable to the neighbors at the meeting, but in no event shall the balloon test occur more than 30 days following the date of the neighborhood meeting. Notice of this test shall be provided to the planning staff.

(d) The preapplication conference shall be completed prior to scheduling the neighborhood meeting or conducting the balloon/crane test.

(e) Submittal Requirements. An application for a transmission tower in either an EFU zone or a forest zone shall include:

(i) A copy of the executed lease from the owner of the site of the property where the tower will be located;

(ii) A copy of the applicant’s Federal Communications Commission license. A copy of this document will not be required to be submitted if applicant is not a personal wireless service provider, and is seeking approval only for a support structure for a wireless telecommunications facility;

(iii) For a new tower, a map that shows the applicant’s search area for the proposed site and the properties within the search ring, including locations of existing telecommunications towers or monopoles;

(iv) For a new tower, a copy of the written notice of the required neighborhood meeting and a certificate of mailing showing that the notice was mailed to the list of property owners falling within the notice area designated under CCC 18.124.110(2);

(v) For a new tower, a transcript of the neighborhood meeting or copies of the audiotape recordings of the meeting. The applicant shall also submit a list of attendees, including the date, time, and location of the meeting;

(vi) A site plan showing the location of the proposed facility and its components. The site plan shall also identify the location of the existing and proposed landscaping, any equipment shelters, utility connections, and fencing proposed to enclose the facility, and lighting if any is proposed. Describe primary and emergency energy sources proposed for the cell tower;

(vii) A copy of the design specifications, including photographs or manufacturer’s graphic representations of proposed colors, and an elevation of an antenna array proposed with the facility, and lighting, if any, for the facility;

(viii) An elevation drawing of the facility and a photographic simulation of the facility showing how it would fit into the landscape. The elevation drawing shall be drawn to scale and show the existing trees adjacent to the proposed facility and show the height of such trees from existing grade to the highest portion of each tree. This documentation shall include any support structure, transmission equipment including antennas and microwave dishes, and any ground-based equipment cabinets or shelters;

(ix) A copy of a letter of determination from the Federal Aviation Administration or the Oregon Department of Transportation – Aeronautics Division as to whether any requirements, including but not limited to aviation lighting, would be required for the proposed facility. Such letter of determination shall be submitted prior to issuance of a decision by the county planning authority;

(x) An agreement and security in accordance with CCC 17.40.080 and 17.40.090 for removal of any support structure and any ground-based equipment or accessory structures, such as equipment buildings and security fences;

(xi) Proof that the applicant is not able to colocate similar telecommunication structures on existing transmission facilities or locate on existing structures;

(xii) In the event that the applicant plans to develop more than one tower in Crook County, the applicant shall simultaneously submit a tentative plan for future tower site development in the county. (Ord. 296 § 9 (Exh. G), 2016; Ord. 280 § 15 (Exh. O), 2015; Ord. 18 Amd. 61 §§ 2, 3, 2003; Ord. 18 § 4.250, 2003)

18.124.120 Cargo containers.

(1) Cargo Containers as Accessory Storage Structures. Cargo containers, as defined in Chapter 18.08 CCC, may be used as accessory storage structures in Crook County if they are 200 square feet or less. Semi-trailers are not considered cargo containers for purposes of this section.

(a) Containers are not to be used for storage of motorized passenger vehicles.

(b) Containers are not to be stacked on top of each other.

(c) Containers used exclusively for storage are not to be equipped with plumbing or electrical power or lighting.

(d) Be placed on a firm, level surface.

(e) Be painted in earth tone colors or sided with earth tone colored materials.

(f) Cargo containers of more than 200 square feet will require a building permit.

(2) Cargo containers as defined in Chapter 18.08 CCC may be used as a building component of any structure, including as an office, shop, studio, dwelling or similar use, subject to review and approval by the county planning director and county building official. (Ord. 280 § 15 (Exh. O), 2015)

18.124.130 Transportation facilities permitted outright.

Except where otherwise specifically regulated by this title, the following improvements are permitted outright:

(1) Normal operation, maintenance, repair, and preservation activities of existing transportation facilities.

(2) Installation of culverts, pathways, medians, fencing, guardrails, lighting, and similar types of improvements within the existing right-of-way.

(3) Projects that are consistent with projects identified and planned for in the transportation system plan.

(4) Landscaping as part of a transportation facility.

(5) Emergency measure necessary for the safety and protection of property.

(6) Acquisition of right-of-way for public roads, highways, and other transportation improvements designated in the transportation system plan.

(7) Construction of a street or road as part of an approved subdivision or land partition consistent with the Crook County subdivision ordinance. (Ord. 303 § 1 (Exh. C), 2017)

18.124.140 Accessory dwelling units.

Accessory dwelling units, as defined in CCC 18.08.010, where permitted by zoning within the city of Prineville’s urban growth boundary, are subject to site plan review and the following standards:

(1) A maximum of one accessory dwelling unit is allowed per legal single-family dwelling.

(2) Floor Area. A detached accessory dwelling unit shall not exceed more than 900 square feet of habitable space.

(3) Building Codes. The structure shall meet all requirements of the Crook County building official. A manufactured dwelling may be utilized if all other standards can be met.

(4) Wastewater. The dwelling unit shall be serviced by either:

(a) An existing septic system that meets all applicable requirements of the Crook County sanitarian and the Oregon Department of Environmental Quality. The applicant shall submit evidence that the appropriate septic system permit has been issued; or

(b) A community/municipal sewer system, in which case, the applicant shall submit evidence that the service agency is mutually bound and able to serve the accessory dwelling unit.

(5) Domestic Water. The applicant must demonstrate that the property can be served by an approved drinking water source.

(6) The accessory dwelling unit shall share the same road approach as the primary dwelling on the property.

(7) The accessory dwelling unit shall meet all setback requirements of the zone in which the property is located.

(8) There shall be one additional off-street parking space for use by occupants of the accessory dwelling unit. (Ord. 313 § 5, 2019)

18.124.150 Temporary hardship dwelling.

A temporary hardship dwelling is subject to the following:

(1) One manufactured dwelling, or recreational vehicle, or the temporary residential use of an existing building may be allowed in conjunction with an existing dwelling as a temporary use for the term of the hardship suffered by the existing resident or relative, subject to the following:

(a) The manufactured dwelling shall use the same subsurface sewage disposal system used by the existing dwelling, if that disposal system is adequate to accommodate the additional dwelling. If the manufactured home will use a public sanitary sewer system, such condition will not be required;

(b) The county shall review the permit authorizing such manufactured homes every two years; and

(c) Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished, or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use.

(2) A temporary residence approved under this section is not eligible for replacement under Use 2.7 in Table 1. Department of Environmental Quality review and removal requirements also apply.

(3) As used in this section “hardship” means a medical hardship or hardship for the care of an aged or infirm person or persons. (Ord. 314 § 2, 2019)