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Page 1: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

ORDINANCE NO _____ AN ORDINANCE AMENDING SISTERS MUNICIPAL CODE CHAPTER 315 WHICH CHAPTER CONCERNS CITYrsquoS TRANSIENT ROOM TAX TO PROVIDE PROCEDURES FOR CITY TO COLLECT THE TAX FROM TRANSIENT LODGING LISTINGS ON HOSTING PLATFORMS WHEREAS City of Sisters (ldquoCityrdquo) has all powers that the constitutions statutes and common law of the United States and Oregon expressly or impliedly grant or allow city and WHEREAS City imposes a transient room (lodging) tax on the sale service andor furnishing of transient lodging and WHEREAS Cityrsquos transient room tax code is codified in Sisters Municipal Code (the ldquoCoderdquo or ldquoSMCrdquo) Chapter 315 and WHEREAS City desires to amend SMC Chapter 315 to require online travel companies and short-term rental hosting platforms that accept receive andor facilitate the payment of rent directly from occupants (transients) to collect and remit the tax to City NOW THEREFORE the City of Sisters ordains as follows 1 Findings The above-stated findings are hereby adopted 2 Purpose The purpose of this Ordinance No ______ (this ldquoOrdinancerdquo) is to require online travel companies and short-term rental hosting platforms that accept receive andor facilitate the payment of rent directly from occupants to collect and remit the tax to City 3 Amendment No 1 Section 315020 of the Code is amended to read in its entirety as follows

ldquo315020 Definitions Except where the context requires otherwise the following terms and phrases have the meanings assigned to them below

(1) ldquoAccrual accountingrdquo means the operator enters the rent due from a transient on the operatorrsquos records when the rent is earned whether or not it is paid

(2) ldquoBooking service(s)rdquo means any reservation andor payment service provided by a person or entity that facilitates a short-term rental transaction between a host (operator) and a prospective transient and for which the person or entity collects or receives directly or indirectly through an agent or intermediary a fee in connection with the reservation andor payment services provided for the short-term rental transaction For purposes of this chapter ldquobooking service(s)rdquo include without limitation directly or indirectly accepting receiving andor facilitating payment whether or not the person or entity is the ultimate recipient of the payment including through Application Programming Interfaces (APIs) or other computerized devices where third-party providers receive information about a transaction and collect funds for the transient lodging or hotel occupancy from a transient

1 ndash ORDINANCE NO _______ 16564050-010795821

(3) ldquoCash accountingrdquo means the operator does not enter the rent due from a transient on the operatorrsquos records until rent is paid

(4) ldquoCouncilrdquo means the city council of City of Sisters Oregon

(5) ldquoHosting platform(s)rdquo means a person or entity that participates in the short-term rental business by collecting or receiving a fee for booking services through which a host may offer a short-term rental For purposes of this definition a ldquohosting platformrdquo may provide booking services through an online platform that (a) allows a host to advertise the short-term rental through a website provided by the hosting platform and (b) provides a means for the hosting platform to conduct a transaction by which prospective occupants arrange transient lodging and payment of rent directly to the host or to the hosting platform

(6) ldquoHotel(s)rdquo means transient lodging transient lodging facilities short-term rentals andor any structure or any portion of any structure which is occupied used intended andor designed for transient occupancy for 30 days or less for dwelling lodging or sleeping purposes including without limitation any hotel inn tourist home motel studio lodging house rooming house apartment house public or private dormitory fraternity sorority andor public or private club for purposes of this chapter the term ldquohotel(s)rdquo includes space(s) for overnight parking of recreational vehicles andor placement of tents during periods of human occupancy provided such occupancy is for less than a 30-day period

(7) ldquoLocal tax trusteerdquo or ldquotrusteerdquo means the operator hosting platform andor a designee thereof that accepts receives andor facilitates the payment of rent from the transient regardless if the operator or hosting platform is the ultimate recipient of the payment

(8) ldquoOccupancyrdquo means the use andor possession of or the right to the use andor possess any room or rooms in a hotel or space(s) in a mobile home or trailer park or portion thereof for lodging or sleeping purposes

(9) ldquoOperatorrdquo means any of the following (a) Any person (or his or her designee) who provides andor furnishes transient lodging (ie space in a hotel) for occupancy to the general public for compensation Where a principal performs his or her functions through a managing agent of any type or character other than an employee the managing agent will also be deemed an operator for the purposes of this chapter and will have the same duties and liabilities as his principal

(b) Any person who facilitates the reservations of hotel occupancy and collects the payment for the hotel reservation from a transient (c) Any transient lodging provider transient lodging intermediary andor transient lodging tax collector as defined in ORS 320300 (10) ldquoPersonrdquo means any individual firm partnership joint venture association social

2 ndash ORDINANCE NO _______ 16564050-010795821

club fraternal organization fraternity sorority public or private dormitory joint stock company corporation estate trust business trust receiver trustee syndicate or other group or combination acting as a unit

(11) ldquoRentrdquo means the consideration charged whether or not received by the operator for occupancy of space in a hotel valued in money goods labor credits property or other consideration valued without any deduction

(12) ldquoRent package planrdquo means the consideration charged for both food and rent such as a ldquobed and breakfastrdquo where a single charge is made for the total of both

(13) ldquoShort-term rentalrdquo means a house duplex multi-plex apartment cabin condominium houseboat trailer or other residential dwelling unit where a person rents guest bedroom(s) or the entire residential dwelling unit for transient lodging occupancy regardless if the short-term rental is zoned residential or has a building occupancy that only allows for residential use

(14) ldquoTaxrdquo means either the tax payable by the transient or the aggregate amount of taxes due from an operator during the period for which the operator is required to report the operatorrsquos collections

(15) ldquoTax administratorrdquo means the city manager of City of Sisters Oregon

(16) ldquoTransientrdquo means any individual who exercises occupancy andor is entitled to occupancy in a hotel for a period of 30 consecutive calendar days or less counting portions of calendar days as full days The day a transient checks out of the hotel will not be included in determining the 30-day period if the transient is not charged rent for that day by the operator Any such individual so occupying space in a hotel is deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancyrdquo

4 Amendment No 2 Section 315030 of the Code is amended to read in its entirety as follows ldquo315030 Tax imposed

(1) For the privilege of occupancy in any hotel each transient will pay a tax in the amount of 899 of the rent charged by the operator The tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the local tax trustee or the city Each transient will pay the tax contemporaneously with the rent to the local tax trustee Tax amounts will be rounded down to the nearest cent Notwithstanding anything contained in this chapter to the contrary the local tax trustee will maintain records of all rent charged and tax payment received If rent is paid in installments a proportionate share of the tax will be paid by the transient to the local tax trustee with each installment unless the transient pays the entire rent amount with a single installment (2) The local tax trustee will enter the tax on the trusteersquos records when rent is collected if the trustee maintains records on the cash accounting basis and when earned if the trustee maintains records on the accrual accounting basis If rent is paid in installments

3 ndash ORDINANCE NO _______ 16564050-010795821

a proportionate share of the tax will be paid by the transient to the trustee with each installment If for any reason the tax due is not paid to the operator of the hotel the tax administrator may require that such tax must be paid directly to the city In all cases the rent paid or charged for occupancy will exclude the sale of any goods services and commodities other than the furnishing of rooms accommodations and parking space in mobile home parks or trailer parksrdquo

5 Amendment No 3 Section 315040 of the Code is amended to read in its entirety as follows ldquo315040 Collection of Tax ndash Rules for Collection

(1) Every local tax trustee will collect the tax at the time rent is paid unless an exemption applies under SMC 315060 The local tax trustee will be entitled to a deduction from the total tax owed in the amount of five percent This deduction shall reimburse the local tax trustee for the administrative cost of collection of the tax For purposes of this section if payment is by credit card payment is made at the time credit card information is provided to local tax trustee not when the local tax trustee ultimately receives credit for the transaction While holding the payment in trust for the city a local tax trustee may commingle the tax proceeds with the local tax trusteersquos funds but the local tax trustee is not the owner of tax proceeds except that when a return is filed the local tax trustee becomes the owner of the administrative fee authorized to be retained Local tax trustees may choose to file returns and remit payment based on amounts accrued but not yet collected The local tax trustee is liable for any tax that should have been collected from the occupant except in cases of nonpayment of rent by the transient

(2) The tax administrator will enforce provisions of this chapter and will have the power to adopt rules and regulations not inconsistent with this chapter as may be necessary to aid in the enforcement

(3) A hosting platform for short-term rentals may collect a fee for booking services in connection with short-term rentals only when those short-term rentals are lawfully registered as operators with the city and possess a certificate of authority at the time the short-term rental is occupied Operators who receive any portion of the rent and hosting platform that provide booking service are jointly and severally liable for the tax (4) For rent collection on portions of a dollar the first $001 of tax shall be collected on $010 through $029 inclusive and the second $001 of tax on $030 through $049 the third $001 of tax on $050 through $069 the fourth $001 of tax on $070 through $089 and the fifth $001 of tax on $090 through the next $109 of rentrdquo

6 Amendment No 4 Section 315060 of the Code is amended to read in its entirety as follows

ldquo315050 Operatorrsquos duties (1) Each operator will collect the tax imposed by this chapter at the same time as the rent is collected from every transient The amount of tax shall be separately stated upon the operatorrsquos records and any receipt rendered by the operator No operator of a

4 ndash ORDINANCE NO _______ 16564050-010795821

hotel shall advertise that the tax or any part of the tax will be assumed or absorbed by the operator or that it will not be added to the rent or that when added any part will be refunded except in the manner provided by this chapter (2) Each local tax trustee will be considered an operator for purposes of the operator obligations contained in this SMC Chapter 315 Without otherwise limiting the generality of the immediately preceding sentence each local tax trustee will be subject to and comply with the provisions contained in SMC 315050(1) and 315070 to 315180 applicable to operators including without limitation all registration requirements return and payment provisions and record keeping obligations contained thereinrdquo

7 Amendment No 5 Section 315060 of the Code is amended to read in its entirety as follows

ldquo315060 Exemptions No tax will be imposed upon any of the following

(1) Any occupant of a dwelling unit in a hospital health care facility long-term care facility andor any other residential facility that is licensed registered or certified by the Oregon Department of Human Services or the Oregon Health Authority (2) Any occupant of a dwelling unit in a facility providing treatment for drug andor alcohol abuse andor providing mental health treatment (3) Any occupant of a dwelling unit if the consideration for occupancy in the dwelling unit is funded through a contract with a government agency and the purpose of which is to provide emergency or temporary shelter (4) An employee of the federal government while on federal business whose room is procured and paid for directly by the federal government through a purchase order or other form of procurement and with a government check provided however if the federal employee pays for a room personally the employee is not exempt and the tax must be paid even if the employee is in City on federal business (5) Any occupant of a dwelling unit that is leased or otherwise occupied by the occupant for a consecutive period of 30 days or more during the year The requirements of this SMC 315060(5) are satisfied even if the physical dwelling unit changes during the consecutive period if (a) all dwelling units occupied are within the same facility and (b) the person paying consideration for the transient lodging is the same person throughout the consecutive period (6) Any occupant of a dwelling unit at a nonprofit youth or church camp nonprofit conference center or other nonprofit facilityrdquo

8 Miscellaneous This Ordinance is hereby made part of SMC Chapter 315 The provisions of SMC Chapter 315 that are not amended or modified by this Ordinance remain unchanged and in full force and effect This Ordinance does not relieve any person of any obligations that may have

5 ndash ORDINANCE NO _______ 16564050-010795821

accrued under SMC Chapter 315 prior to the effective date of this Ordinance City may continue the enforcement prosecution conviction andor punishment of any person who has or will violate SMC Chapter 315 prior to the effective date of this Ordinance All pronouns contained in this Ordinance and any variations thereof will be deemed to refer to the masculine feminine or neutral singular or plural as the identity of the parties may require The singular includes the plural and the plural includes the singular The word ldquoorrdquo is not exclusive The words ldquoincluderdquo ldquoincludesrdquo and ldquoincludingrdquo are not limiting Any reference to a particular law statute rule regulation code or ordinance includes the law statute rule regulation code or ordinance as now in force and hereafter amended If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the council to cure editorial andor clerical errors City staff andor its designee may renumber and format this Ordinance into the Sisters Municipal Code

This Ordinance was PASSED and ADOPTED by the Sisters City Council by a vote of ___ for and __

against and APPROVED by the mayor on this ___ day of _____________ 2019 _______________________________ Chuck Ryan Mayor

ATTEST ____________________________________ Kerry Prosser City Recorder

6 ndash ORDINANCE NO _______ 16564050-010795821

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Meeting Date July 24 2019 Staff BreAnne McConkie

Type Regular MeetingPublic Hearing Dept CDD

Subject Text Amendment (TA 19-01)ORD No 497 ndash An Ordinance amending Cityrsquos Development Code to update certain review procedures allow for service stations in the Downtown Commercial District with special provision modify lots standards and uses in certain zones increase the allowance for administrative variances and make other changes

Action Requested Adopt Ordinance No 497 An Ordinance Amending the City of Sisters Development Code as detailed in City file TA 19-01

Summary Points This is a public hearing to review and adopt several Development Code text amendments Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing amendments to the following sections of the Development Code bull Section 13300 Definitions (modify the definition of a dwelling unit) bull Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions (modify use table to

allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

bull Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) bull Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review (clarify shared residential

amenities as permitted and clarify when a Site Plan is required for amenities) bull Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions) bull Section 215300 ADUs (remove owner occupancy requirement for ADUs) bull Section 2152200 Public Art (Remove PC approval of Public Art) bull Section 2141000 North Sisters Business Park District (update number of lots and number of units allowed

in the NSBP zone) bull Section 51300 Variances (increase administrativeminor variances up to 20) bull Chapter 45 Master Plan (clarify when required) and bull Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal procedures)

Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (TA 19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments and directed staff to proceed with a land use application

On June 20th the Planning Commission held a public hearing and made a unanimous recommendation to City Council to approve TA 19-01 without modification as described in the staff report The recommendation from the Planning Commission is now being forwarded to the City Council for a public hearing and adoption

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

At the City Council workshop held on 042419 Councilors provided informal direction to explore further changes to Cargo Container regulations Staff has reached out the Chamber of Commerce for input on this issue and is considering further refinements For this reason modifications to regulations for Cargo Containers have been omitted from this application and will be included in a future application

Discussion A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling) Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table

241) bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600)

o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1)) This would effectively limit any new service stations in the downtown Cascade corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2)) o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC)

zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit

The definitions are as follows bull Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care

home bull Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to

for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292) SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities) Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Staff Recommendation amp Summary of Amended Text bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC

Table 221 and Table 231) bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was reviewed and approved

through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements) Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases) Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for

each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement) Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B)) SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200) SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

SDC SECTION 51300 VARIANCES Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20 SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code SDC CHAPTER 41 APPLICATIONS AND REVIEWS Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

Fiscal Impact No direct fiscal impacts related to TA 19-01 are anticipated

Recommendation The text amendments are ldquobundledrdquo into File No TA 19-01 The City Council may consider approving the text amendment package ldquoas-isrdquo modify what is being proposed or continue the public hearing to a future date

Staff recommends adopting the proposed text amendments as recommended by the Planning Commission during the June 20th public hearing

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Attachment

DRAFT ORDINANCE NO 497 AN ORDINANCE AMENDING CITYrsquoS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISION MODIFY LOTS STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES

Exhibit A - Signed Planning Commission Resolution PC 2019-03 with staff report and findings Exhibit B - Proposed Development Code text amendments (marked version)

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

1 ndash ORDINANCE NO 497 16564120-010890172

ORDINANCE NO 497

AN ORDINANCE AMENDING THE SISTERS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISIONS MODIFY LOT STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES WHEREAS the City of Sisters (ldquoCityrdquo) as the applicant for file number TA 19-01 proposed legislative amendments to the Sisters Development Code (ldquoDevelopment Coderdquo) WHEREAS the amendments among other things proposed to allow for service stations to be located in the Downtown Commercial District as a minor conditional use with special provisions modify the definition of a ldquodwelling unitrdquo and ldquomanufactured dwellingrdquo modify the minimum lot size requirements for parcels located in the Urban Area Reserve District clarify shared residential amenities as a permitted use in the Multi-Family Residential and Residential Districts clarify the allowable timeframe for phased subdivisions remove the owner occupancy requirement for Accessory Dwelling Units in the Residential District remove Planning Commission approval for Public Art update the number of lots and number of units allowed in the North Sisters Business Park District increase the allowance for administrative variances clarify when a master plan is required and clarify consolidated reviews and appeal procedures (collectively the ldquoAmendmentsrdquo) WHEREAS in accordance with Sisters Development Code Chapter 41 legislative amendments are processed as a Type IV application WHEREAS the Department of Land Conservation and Development received the ldquoNotice of Proposed Amendmentrdquo at least 35 days prior to the first evidentiary hearing WHEREAS after due notice a public hearing on the Amendments was held before the Sisters Planning Commission (ldquoPlanning Commissionrdquo) on June 20 2019 WHEREAS the Sisters Planning Commission after receiving public testimony and other evidence and fully deliberating the matter recommended that the Sisters City Council (ldquoCity Councilrdquo) adopt the proposed Amendments WHEREAS after due notice a public hearing was scheduled before the City Council on July 24 2019 and WHEREAS after reviewing the staff report and the Planning Commissionrsquos recommendation receiving public testimony and other evidence and deliberating the matter fully City Council voted to adopt the Amendments except for the updated regulations for short-term rentals

NOW THEREFORE THE CITY OF SISTERS ORDAINS AS FOLLOWS

1 Findings The findings contained in the recitals and those found in the staff report delivered at the July 24 2019 public hearing before City Council and attached hereto as Exhibit A are hereby adopted 2 Amendments The amendments to the Development Code attached hereto as Exhibit B are hereby adopted

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 2: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

(3) ldquoCash accountingrdquo means the operator does not enter the rent due from a transient on the operatorrsquos records until rent is paid

(4) ldquoCouncilrdquo means the city council of City of Sisters Oregon

(5) ldquoHosting platform(s)rdquo means a person or entity that participates in the short-term rental business by collecting or receiving a fee for booking services through which a host may offer a short-term rental For purposes of this definition a ldquohosting platformrdquo may provide booking services through an online platform that (a) allows a host to advertise the short-term rental through a website provided by the hosting platform and (b) provides a means for the hosting platform to conduct a transaction by which prospective occupants arrange transient lodging and payment of rent directly to the host or to the hosting platform

(6) ldquoHotel(s)rdquo means transient lodging transient lodging facilities short-term rentals andor any structure or any portion of any structure which is occupied used intended andor designed for transient occupancy for 30 days or less for dwelling lodging or sleeping purposes including without limitation any hotel inn tourist home motel studio lodging house rooming house apartment house public or private dormitory fraternity sorority andor public or private club for purposes of this chapter the term ldquohotel(s)rdquo includes space(s) for overnight parking of recreational vehicles andor placement of tents during periods of human occupancy provided such occupancy is for less than a 30-day period

(7) ldquoLocal tax trusteerdquo or ldquotrusteerdquo means the operator hosting platform andor a designee thereof that accepts receives andor facilitates the payment of rent from the transient regardless if the operator or hosting platform is the ultimate recipient of the payment

(8) ldquoOccupancyrdquo means the use andor possession of or the right to the use andor possess any room or rooms in a hotel or space(s) in a mobile home or trailer park or portion thereof for lodging or sleeping purposes

(9) ldquoOperatorrdquo means any of the following (a) Any person (or his or her designee) who provides andor furnishes transient lodging (ie space in a hotel) for occupancy to the general public for compensation Where a principal performs his or her functions through a managing agent of any type or character other than an employee the managing agent will also be deemed an operator for the purposes of this chapter and will have the same duties and liabilities as his principal

(b) Any person who facilitates the reservations of hotel occupancy and collects the payment for the hotel reservation from a transient (c) Any transient lodging provider transient lodging intermediary andor transient lodging tax collector as defined in ORS 320300 (10) ldquoPersonrdquo means any individual firm partnership joint venture association social

2 ndash ORDINANCE NO _______ 16564050-010795821

club fraternal organization fraternity sorority public or private dormitory joint stock company corporation estate trust business trust receiver trustee syndicate or other group or combination acting as a unit

(11) ldquoRentrdquo means the consideration charged whether or not received by the operator for occupancy of space in a hotel valued in money goods labor credits property or other consideration valued without any deduction

(12) ldquoRent package planrdquo means the consideration charged for both food and rent such as a ldquobed and breakfastrdquo where a single charge is made for the total of both

(13) ldquoShort-term rentalrdquo means a house duplex multi-plex apartment cabin condominium houseboat trailer or other residential dwelling unit where a person rents guest bedroom(s) or the entire residential dwelling unit for transient lodging occupancy regardless if the short-term rental is zoned residential or has a building occupancy that only allows for residential use

(14) ldquoTaxrdquo means either the tax payable by the transient or the aggregate amount of taxes due from an operator during the period for which the operator is required to report the operatorrsquos collections

(15) ldquoTax administratorrdquo means the city manager of City of Sisters Oregon

(16) ldquoTransientrdquo means any individual who exercises occupancy andor is entitled to occupancy in a hotel for a period of 30 consecutive calendar days or less counting portions of calendar days as full days The day a transient checks out of the hotel will not be included in determining the 30-day period if the transient is not charged rent for that day by the operator Any such individual so occupying space in a hotel is deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancyrdquo

4 Amendment No 2 Section 315030 of the Code is amended to read in its entirety as follows ldquo315030 Tax imposed

(1) For the privilege of occupancy in any hotel each transient will pay a tax in the amount of 899 of the rent charged by the operator The tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the local tax trustee or the city Each transient will pay the tax contemporaneously with the rent to the local tax trustee Tax amounts will be rounded down to the nearest cent Notwithstanding anything contained in this chapter to the contrary the local tax trustee will maintain records of all rent charged and tax payment received If rent is paid in installments a proportionate share of the tax will be paid by the transient to the local tax trustee with each installment unless the transient pays the entire rent amount with a single installment (2) The local tax trustee will enter the tax on the trusteersquos records when rent is collected if the trustee maintains records on the cash accounting basis and when earned if the trustee maintains records on the accrual accounting basis If rent is paid in installments

3 ndash ORDINANCE NO _______ 16564050-010795821

a proportionate share of the tax will be paid by the transient to the trustee with each installment If for any reason the tax due is not paid to the operator of the hotel the tax administrator may require that such tax must be paid directly to the city In all cases the rent paid or charged for occupancy will exclude the sale of any goods services and commodities other than the furnishing of rooms accommodations and parking space in mobile home parks or trailer parksrdquo

5 Amendment No 3 Section 315040 of the Code is amended to read in its entirety as follows ldquo315040 Collection of Tax ndash Rules for Collection

(1) Every local tax trustee will collect the tax at the time rent is paid unless an exemption applies under SMC 315060 The local tax trustee will be entitled to a deduction from the total tax owed in the amount of five percent This deduction shall reimburse the local tax trustee for the administrative cost of collection of the tax For purposes of this section if payment is by credit card payment is made at the time credit card information is provided to local tax trustee not when the local tax trustee ultimately receives credit for the transaction While holding the payment in trust for the city a local tax trustee may commingle the tax proceeds with the local tax trusteersquos funds but the local tax trustee is not the owner of tax proceeds except that when a return is filed the local tax trustee becomes the owner of the administrative fee authorized to be retained Local tax trustees may choose to file returns and remit payment based on amounts accrued but not yet collected The local tax trustee is liable for any tax that should have been collected from the occupant except in cases of nonpayment of rent by the transient

(2) The tax administrator will enforce provisions of this chapter and will have the power to adopt rules and regulations not inconsistent with this chapter as may be necessary to aid in the enforcement

(3) A hosting platform for short-term rentals may collect a fee for booking services in connection with short-term rentals only when those short-term rentals are lawfully registered as operators with the city and possess a certificate of authority at the time the short-term rental is occupied Operators who receive any portion of the rent and hosting platform that provide booking service are jointly and severally liable for the tax (4) For rent collection on portions of a dollar the first $001 of tax shall be collected on $010 through $029 inclusive and the second $001 of tax on $030 through $049 the third $001 of tax on $050 through $069 the fourth $001 of tax on $070 through $089 and the fifth $001 of tax on $090 through the next $109 of rentrdquo

6 Amendment No 4 Section 315060 of the Code is amended to read in its entirety as follows

ldquo315050 Operatorrsquos duties (1) Each operator will collect the tax imposed by this chapter at the same time as the rent is collected from every transient The amount of tax shall be separately stated upon the operatorrsquos records and any receipt rendered by the operator No operator of a

4 ndash ORDINANCE NO _______ 16564050-010795821

hotel shall advertise that the tax or any part of the tax will be assumed or absorbed by the operator or that it will not be added to the rent or that when added any part will be refunded except in the manner provided by this chapter (2) Each local tax trustee will be considered an operator for purposes of the operator obligations contained in this SMC Chapter 315 Without otherwise limiting the generality of the immediately preceding sentence each local tax trustee will be subject to and comply with the provisions contained in SMC 315050(1) and 315070 to 315180 applicable to operators including without limitation all registration requirements return and payment provisions and record keeping obligations contained thereinrdquo

7 Amendment No 5 Section 315060 of the Code is amended to read in its entirety as follows

ldquo315060 Exemptions No tax will be imposed upon any of the following

(1) Any occupant of a dwelling unit in a hospital health care facility long-term care facility andor any other residential facility that is licensed registered or certified by the Oregon Department of Human Services or the Oregon Health Authority (2) Any occupant of a dwelling unit in a facility providing treatment for drug andor alcohol abuse andor providing mental health treatment (3) Any occupant of a dwelling unit if the consideration for occupancy in the dwelling unit is funded through a contract with a government agency and the purpose of which is to provide emergency or temporary shelter (4) An employee of the federal government while on federal business whose room is procured and paid for directly by the federal government through a purchase order or other form of procurement and with a government check provided however if the federal employee pays for a room personally the employee is not exempt and the tax must be paid even if the employee is in City on federal business (5) Any occupant of a dwelling unit that is leased or otherwise occupied by the occupant for a consecutive period of 30 days or more during the year The requirements of this SMC 315060(5) are satisfied even if the physical dwelling unit changes during the consecutive period if (a) all dwelling units occupied are within the same facility and (b) the person paying consideration for the transient lodging is the same person throughout the consecutive period (6) Any occupant of a dwelling unit at a nonprofit youth or church camp nonprofit conference center or other nonprofit facilityrdquo

8 Miscellaneous This Ordinance is hereby made part of SMC Chapter 315 The provisions of SMC Chapter 315 that are not amended or modified by this Ordinance remain unchanged and in full force and effect This Ordinance does not relieve any person of any obligations that may have

5 ndash ORDINANCE NO _______ 16564050-010795821

accrued under SMC Chapter 315 prior to the effective date of this Ordinance City may continue the enforcement prosecution conviction andor punishment of any person who has or will violate SMC Chapter 315 prior to the effective date of this Ordinance All pronouns contained in this Ordinance and any variations thereof will be deemed to refer to the masculine feminine or neutral singular or plural as the identity of the parties may require The singular includes the plural and the plural includes the singular The word ldquoorrdquo is not exclusive The words ldquoincluderdquo ldquoincludesrdquo and ldquoincludingrdquo are not limiting Any reference to a particular law statute rule regulation code or ordinance includes the law statute rule regulation code or ordinance as now in force and hereafter amended If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the council to cure editorial andor clerical errors City staff andor its designee may renumber and format this Ordinance into the Sisters Municipal Code

This Ordinance was PASSED and ADOPTED by the Sisters City Council by a vote of ___ for and __

against and APPROVED by the mayor on this ___ day of _____________ 2019 _______________________________ Chuck Ryan Mayor

ATTEST ____________________________________ Kerry Prosser City Recorder

6 ndash ORDINANCE NO _______ 16564050-010795821

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Meeting Date July 24 2019 Staff BreAnne McConkie

Type Regular MeetingPublic Hearing Dept CDD

Subject Text Amendment (TA 19-01)ORD No 497 ndash An Ordinance amending Cityrsquos Development Code to update certain review procedures allow for service stations in the Downtown Commercial District with special provision modify lots standards and uses in certain zones increase the allowance for administrative variances and make other changes

Action Requested Adopt Ordinance No 497 An Ordinance Amending the City of Sisters Development Code as detailed in City file TA 19-01

Summary Points This is a public hearing to review and adopt several Development Code text amendments Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing amendments to the following sections of the Development Code bull Section 13300 Definitions (modify the definition of a dwelling unit) bull Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions (modify use table to

allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

bull Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) bull Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review (clarify shared residential

amenities as permitted and clarify when a Site Plan is required for amenities) bull Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions) bull Section 215300 ADUs (remove owner occupancy requirement for ADUs) bull Section 2152200 Public Art (Remove PC approval of Public Art) bull Section 2141000 North Sisters Business Park District (update number of lots and number of units allowed

in the NSBP zone) bull Section 51300 Variances (increase administrativeminor variances up to 20) bull Chapter 45 Master Plan (clarify when required) and bull Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal procedures)

Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (TA 19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments and directed staff to proceed with a land use application

On June 20th the Planning Commission held a public hearing and made a unanimous recommendation to City Council to approve TA 19-01 without modification as described in the staff report The recommendation from the Planning Commission is now being forwarded to the City Council for a public hearing and adoption

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

At the City Council workshop held on 042419 Councilors provided informal direction to explore further changes to Cargo Container regulations Staff has reached out the Chamber of Commerce for input on this issue and is considering further refinements For this reason modifications to regulations for Cargo Containers have been omitted from this application and will be included in a future application

Discussion A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling) Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table

241) bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600)

o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1)) This would effectively limit any new service stations in the downtown Cascade corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2)) o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC)

zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit

The definitions are as follows bull Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care

home bull Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to

for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292) SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities) Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Staff Recommendation amp Summary of Amended Text bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC

Table 221 and Table 231) bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was reviewed and approved

through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements) Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases) Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for

each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement) Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B)) SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200) SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

SDC SECTION 51300 VARIANCES Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20 SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code SDC CHAPTER 41 APPLICATIONS AND REVIEWS Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

Fiscal Impact No direct fiscal impacts related to TA 19-01 are anticipated

Recommendation The text amendments are ldquobundledrdquo into File No TA 19-01 The City Council may consider approving the text amendment package ldquoas-isrdquo modify what is being proposed or continue the public hearing to a future date

Staff recommends adopting the proposed text amendments as recommended by the Planning Commission during the June 20th public hearing

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Attachment

DRAFT ORDINANCE NO 497 AN ORDINANCE AMENDING CITYrsquoS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISION MODIFY LOTS STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES

Exhibit A - Signed Planning Commission Resolution PC 2019-03 with staff report and findings Exhibit B - Proposed Development Code text amendments (marked version)

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

1 ndash ORDINANCE NO 497 16564120-010890172

ORDINANCE NO 497

AN ORDINANCE AMENDING THE SISTERS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISIONS MODIFY LOT STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES WHEREAS the City of Sisters (ldquoCityrdquo) as the applicant for file number TA 19-01 proposed legislative amendments to the Sisters Development Code (ldquoDevelopment Coderdquo) WHEREAS the amendments among other things proposed to allow for service stations to be located in the Downtown Commercial District as a minor conditional use with special provisions modify the definition of a ldquodwelling unitrdquo and ldquomanufactured dwellingrdquo modify the minimum lot size requirements for parcels located in the Urban Area Reserve District clarify shared residential amenities as a permitted use in the Multi-Family Residential and Residential Districts clarify the allowable timeframe for phased subdivisions remove the owner occupancy requirement for Accessory Dwelling Units in the Residential District remove Planning Commission approval for Public Art update the number of lots and number of units allowed in the North Sisters Business Park District increase the allowance for administrative variances clarify when a master plan is required and clarify consolidated reviews and appeal procedures (collectively the ldquoAmendmentsrdquo) WHEREAS in accordance with Sisters Development Code Chapter 41 legislative amendments are processed as a Type IV application WHEREAS the Department of Land Conservation and Development received the ldquoNotice of Proposed Amendmentrdquo at least 35 days prior to the first evidentiary hearing WHEREAS after due notice a public hearing on the Amendments was held before the Sisters Planning Commission (ldquoPlanning Commissionrdquo) on June 20 2019 WHEREAS the Sisters Planning Commission after receiving public testimony and other evidence and fully deliberating the matter recommended that the Sisters City Council (ldquoCity Councilrdquo) adopt the proposed Amendments WHEREAS after due notice a public hearing was scheduled before the City Council on July 24 2019 and WHEREAS after reviewing the staff report and the Planning Commissionrsquos recommendation receiving public testimony and other evidence and deliberating the matter fully City Council voted to adopt the Amendments except for the updated regulations for short-term rentals

NOW THEREFORE THE CITY OF SISTERS ORDAINS AS FOLLOWS

1 Findings The findings contained in the recitals and those found in the staff report delivered at the July 24 2019 public hearing before City Council and attached hereto as Exhibit A are hereby adopted 2 Amendments The amendments to the Development Code attached hereto as Exhibit B are hereby adopted

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 3: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

club fraternal organization fraternity sorority public or private dormitory joint stock company corporation estate trust business trust receiver trustee syndicate or other group or combination acting as a unit

(11) ldquoRentrdquo means the consideration charged whether or not received by the operator for occupancy of space in a hotel valued in money goods labor credits property or other consideration valued without any deduction

(12) ldquoRent package planrdquo means the consideration charged for both food and rent such as a ldquobed and breakfastrdquo where a single charge is made for the total of both

(13) ldquoShort-term rentalrdquo means a house duplex multi-plex apartment cabin condominium houseboat trailer or other residential dwelling unit where a person rents guest bedroom(s) or the entire residential dwelling unit for transient lodging occupancy regardless if the short-term rental is zoned residential or has a building occupancy that only allows for residential use

(14) ldquoTaxrdquo means either the tax payable by the transient or the aggregate amount of taxes due from an operator during the period for which the operator is required to report the operatorrsquos collections

(15) ldquoTax administratorrdquo means the city manager of City of Sisters Oregon

(16) ldquoTransientrdquo means any individual who exercises occupancy andor is entitled to occupancy in a hotel for a period of 30 consecutive calendar days or less counting portions of calendar days as full days The day a transient checks out of the hotel will not be included in determining the 30-day period if the transient is not charged rent for that day by the operator Any such individual so occupying space in a hotel is deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancyrdquo

4 Amendment No 2 Section 315030 of the Code is amended to read in its entirety as follows ldquo315030 Tax imposed

(1) For the privilege of occupancy in any hotel each transient will pay a tax in the amount of 899 of the rent charged by the operator The tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the local tax trustee or the city Each transient will pay the tax contemporaneously with the rent to the local tax trustee Tax amounts will be rounded down to the nearest cent Notwithstanding anything contained in this chapter to the contrary the local tax trustee will maintain records of all rent charged and tax payment received If rent is paid in installments a proportionate share of the tax will be paid by the transient to the local tax trustee with each installment unless the transient pays the entire rent amount with a single installment (2) The local tax trustee will enter the tax on the trusteersquos records when rent is collected if the trustee maintains records on the cash accounting basis and when earned if the trustee maintains records on the accrual accounting basis If rent is paid in installments

3 ndash ORDINANCE NO _______ 16564050-010795821

a proportionate share of the tax will be paid by the transient to the trustee with each installment If for any reason the tax due is not paid to the operator of the hotel the tax administrator may require that such tax must be paid directly to the city In all cases the rent paid or charged for occupancy will exclude the sale of any goods services and commodities other than the furnishing of rooms accommodations and parking space in mobile home parks or trailer parksrdquo

5 Amendment No 3 Section 315040 of the Code is amended to read in its entirety as follows ldquo315040 Collection of Tax ndash Rules for Collection

(1) Every local tax trustee will collect the tax at the time rent is paid unless an exemption applies under SMC 315060 The local tax trustee will be entitled to a deduction from the total tax owed in the amount of five percent This deduction shall reimburse the local tax trustee for the administrative cost of collection of the tax For purposes of this section if payment is by credit card payment is made at the time credit card information is provided to local tax trustee not when the local tax trustee ultimately receives credit for the transaction While holding the payment in trust for the city a local tax trustee may commingle the tax proceeds with the local tax trusteersquos funds but the local tax trustee is not the owner of tax proceeds except that when a return is filed the local tax trustee becomes the owner of the administrative fee authorized to be retained Local tax trustees may choose to file returns and remit payment based on amounts accrued but not yet collected The local tax trustee is liable for any tax that should have been collected from the occupant except in cases of nonpayment of rent by the transient

(2) The tax administrator will enforce provisions of this chapter and will have the power to adopt rules and regulations not inconsistent with this chapter as may be necessary to aid in the enforcement

(3) A hosting platform for short-term rentals may collect a fee for booking services in connection with short-term rentals only when those short-term rentals are lawfully registered as operators with the city and possess a certificate of authority at the time the short-term rental is occupied Operators who receive any portion of the rent and hosting platform that provide booking service are jointly and severally liable for the tax (4) For rent collection on portions of a dollar the first $001 of tax shall be collected on $010 through $029 inclusive and the second $001 of tax on $030 through $049 the third $001 of tax on $050 through $069 the fourth $001 of tax on $070 through $089 and the fifth $001 of tax on $090 through the next $109 of rentrdquo

6 Amendment No 4 Section 315060 of the Code is amended to read in its entirety as follows

ldquo315050 Operatorrsquos duties (1) Each operator will collect the tax imposed by this chapter at the same time as the rent is collected from every transient The amount of tax shall be separately stated upon the operatorrsquos records and any receipt rendered by the operator No operator of a

4 ndash ORDINANCE NO _______ 16564050-010795821

hotel shall advertise that the tax or any part of the tax will be assumed or absorbed by the operator or that it will not be added to the rent or that when added any part will be refunded except in the manner provided by this chapter (2) Each local tax trustee will be considered an operator for purposes of the operator obligations contained in this SMC Chapter 315 Without otherwise limiting the generality of the immediately preceding sentence each local tax trustee will be subject to and comply with the provisions contained in SMC 315050(1) and 315070 to 315180 applicable to operators including without limitation all registration requirements return and payment provisions and record keeping obligations contained thereinrdquo

7 Amendment No 5 Section 315060 of the Code is amended to read in its entirety as follows

ldquo315060 Exemptions No tax will be imposed upon any of the following

(1) Any occupant of a dwelling unit in a hospital health care facility long-term care facility andor any other residential facility that is licensed registered or certified by the Oregon Department of Human Services or the Oregon Health Authority (2) Any occupant of a dwelling unit in a facility providing treatment for drug andor alcohol abuse andor providing mental health treatment (3) Any occupant of a dwelling unit if the consideration for occupancy in the dwelling unit is funded through a contract with a government agency and the purpose of which is to provide emergency or temporary shelter (4) An employee of the federal government while on federal business whose room is procured and paid for directly by the federal government through a purchase order or other form of procurement and with a government check provided however if the federal employee pays for a room personally the employee is not exempt and the tax must be paid even if the employee is in City on federal business (5) Any occupant of a dwelling unit that is leased or otherwise occupied by the occupant for a consecutive period of 30 days or more during the year The requirements of this SMC 315060(5) are satisfied even if the physical dwelling unit changes during the consecutive period if (a) all dwelling units occupied are within the same facility and (b) the person paying consideration for the transient lodging is the same person throughout the consecutive period (6) Any occupant of a dwelling unit at a nonprofit youth or church camp nonprofit conference center or other nonprofit facilityrdquo

8 Miscellaneous This Ordinance is hereby made part of SMC Chapter 315 The provisions of SMC Chapter 315 that are not amended or modified by this Ordinance remain unchanged and in full force and effect This Ordinance does not relieve any person of any obligations that may have

5 ndash ORDINANCE NO _______ 16564050-010795821

accrued under SMC Chapter 315 prior to the effective date of this Ordinance City may continue the enforcement prosecution conviction andor punishment of any person who has or will violate SMC Chapter 315 prior to the effective date of this Ordinance All pronouns contained in this Ordinance and any variations thereof will be deemed to refer to the masculine feminine or neutral singular or plural as the identity of the parties may require The singular includes the plural and the plural includes the singular The word ldquoorrdquo is not exclusive The words ldquoincluderdquo ldquoincludesrdquo and ldquoincludingrdquo are not limiting Any reference to a particular law statute rule regulation code or ordinance includes the law statute rule regulation code or ordinance as now in force and hereafter amended If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the council to cure editorial andor clerical errors City staff andor its designee may renumber and format this Ordinance into the Sisters Municipal Code

This Ordinance was PASSED and ADOPTED by the Sisters City Council by a vote of ___ for and __

against and APPROVED by the mayor on this ___ day of _____________ 2019 _______________________________ Chuck Ryan Mayor

ATTEST ____________________________________ Kerry Prosser City Recorder

6 ndash ORDINANCE NO _______ 16564050-010795821

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Meeting Date July 24 2019 Staff BreAnne McConkie

Type Regular MeetingPublic Hearing Dept CDD

Subject Text Amendment (TA 19-01)ORD No 497 ndash An Ordinance amending Cityrsquos Development Code to update certain review procedures allow for service stations in the Downtown Commercial District with special provision modify lots standards and uses in certain zones increase the allowance for administrative variances and make other changes

Action Requested Adopt Ordinance No 497 An Ordinance Amending the City of Sisters Development Code as detailed in City file TA 19-01

Summary Points This is a public hearing to review and adopt several Development Code text amendments Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing amendments to the following sections of the Development Code bull Section 13300 Definitions (modify the definition of a dwelling unit) bull Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions (modify use table to

allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

bull Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) bull Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review (clarify shared residential

amenities as permitted and clarify when a Site Plan is required for amenities) bull Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions) bull Section 215300 ADUs (remove owner occupancy requirement for ADUs) bull Section 2152200 Public Art (Remove PC approval of Public Art) bull Section 2141000 North Sisters Business Park District (update number of lots and number of units allowed

in the NSBP zone) bull Section 51300 Variances (increase administrativeminor variances up to 20) bull Chapter 45 Master Plan (clarify when required) and bull Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal procedures)

Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (TA 19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments and directed staff to proceed with a land use application

On June 20th the Planning Commission held a public hearing and made a unanimous recommendation to City Council to approve TA 19-01 without modification as described in the staff report The recommendation from the Planning Commission is now being forwarded to the City Council for a public hearing and adoption

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

At the City Council workshop held on 042419 Councilors provided informal direction to explore further changes to Cargo Container regulations Staff has reached out the Chamber of Commerce for input on this issue and is considering further refinements For this reason modifications to regulations for Cargo Containers have been omitted from this application and will be included in a future application

Discussion A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling) Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table

241) bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600)

o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1)) This would effectively limit any new service stations in the downtown Cascade corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2)) o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC)

zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit

The definitions are as follows bull Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care

home bull Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to

for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292) SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities) Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Staff Recommendation amp Summary of Amended Text bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC

Table 221 and Table 231) bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was reviewed and approved

through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements) Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases) Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for

each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement) Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B)) SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200) SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

SDC SECTION 51300 VARIANCES Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20 SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code SDC CHAPTER 41 APPLICATIONS AND REVIEWS Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

Fiscal Impact No direct fiscal impacts related to TA 19-01 are anticipated

Recommendation The text amendments are ldquobundledrdquo into File No TA 19-01 The City Council may consider approving the text amendment package ldquoas-isrdquo modify what is being proposed or continue the public hearing to a future date

Staff recommends adopting the proposed text amendments as recommended by the Planning Commission during the June 20th public hearing

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Attachment

DRAFT ORDINANCE NO 497 AN ORDINANCE AMENDING CITYrsquoS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISION MODIFY LOTS STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES

Exhibit A - Signed Planning Commission Resolution PC 2019-03 with staff report and findings Exhibit B - Proposed Development Code text amendments (marked version)

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

1 ndash ORDINANCE NO 497 16564120-010890172

ORDINANCE NO 497

AN ORDINANCE AMENDING THE SISTERS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISIONS MODIFY LOT STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES WHEREAS the City of Sisters (ldquoCityrdquo) as the applicant for file number TA 19-01 proposed legislative amendments to the Sisters Development Code (ldquoDevelopment Coderdquo) WHEREAS the amendments among other things proposed to allow for service stations to be located in the Downtown Commercial District as a minor conditional use with special provisions modify the definition of a ldquodwelling unitrdquo and ldquomanufactured dwellingrdquo modify the minimum lot size requirements for parcels located in the Urban Area Reserve District clarify shared residential amenities as a permitted use in the Multi-Family Residential and Residential Districts clarify the allowable timeframe for phased subdivisions remove the owner occupancy requirement for Accessory Dwelling Units in the Residential District remove Planning Commission approval for Public Art update the number of lots and number of units allowed in the North Sisters Business Park District increase the allowance for administrative variances clarify when a master plan is required and clarify consolidated reviews and appeal procedures (collectively the ldquoAmendmentsrdquo) WHEREAS in accordance with Sisters Development Code Chapter 41 legislative amendments are processed as a Type IV application WHEREAS the Department of Land Conservation and Development received the ldquoNotice of Proposed Amendmentrdquo at least 35 days prior to the first evidentiary hearing WHEREAS after due notice a public hearing on the Amendments was held before the Sisters Planning Commission (ldquoPlanning Commissionrdquo) on June 20 2019 WHEREAS the Sisters Planning Commission after receiving public testimony and other evidence and fully deliberating the matter recommended that the Sisters City Council (ldquoCity Councilrdquo) adopt the proposed Amendments WHEREAS after due notice a public hearing was scheduled before the City Council on July 24 2019 and WHEREAS after reviewing the staff report and the Planning Commissionrsquos recommendation receiving public testimony and other evidence and deliberating the matter fully City Council voted to adopt the Amendments except for the updated regulations for short-term rentals

NOW THEREFORE THE CITY OF SISTERS ORDAINS AS FOLLOWS

1 Findings The findings contained in the recitals and those found in the staff report delivered at the July 24 2019 public hearing before City Council and attached hereto as Exhibit A are hereby adopted 2 Amendments The amendments to the Development Code attached hereto as Exhibit B are hereby adopted

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 4: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

a proportionate share of the tax will be paid by the transient to the trustee with each installment If for any reason the tax due is not paid to the operator of the hotel the tax administrator may require that such tax must be paid directly to the city In all cases the rent paid or charged for occupancy will exclude the sale of any goods services and commodities other than the furnishing of rooms accommodations and parking space in mobile home parks or trailer parksrdquo

5 Amendment No 3 Section 315040 of the Code is amended to read in its entirety as follows ldquo315040 Collection of Tax ndash Rules for Collection

(1) Every local tax trustee will collect the tax at the time rent is paid unless an exemption applies under SMC 315060 The local tax trustee will be entitled to a deduction from the total tax owed in the amount of five percent This deduction shall reimburse the local tax trustee for the administrative cost of collection of the tax For purposes of this section if payment is by credit card payment is made at the time credit card information is provided to local tax trustee not when the local tax trustee ultimately receives credit for the transaction While holding the payment in trust for the city a local tax trustee may commingle the tax proceeds with the local tax trusteersquos funds but the local tax trustee is not the owner of tax proceeds except that when a return is filed the local tax trustee becomes the owner of the administrative fee authorized to be retained Local tax trustees may choose to file returns and remit payment based on amounts accrued but not yet collected The local tax trustee is liable for any tax that should have been collected from the occupant except in cases of nonpayment of rent by the transient

(2) The tax administrator will enforce provisions of this chapter and will have the power to adopt rules and regulations not inconsistent with this chapter as may be necessary to aid in the enforcement

(3) A hosting platform for short-term rentals may collect a fee for booking services in connection with short-term rentals only when those short-term rentals are lawfully registered as operators with the city and possess a certificate of authority at the time the short-term rental is occupied Operators who receive any portion of the rent and hosting platform that provide booking service are jointly and severally liable for the tax (4) For rent collection on portions of a dollar the first $001 of tax shall be collected on $010 through $029 inclusive and the second $001 of tax on $030 through $049 the third $001 of tax on $050 through $069 the fourth $001 of tax on $070 through $089 and the fifth $001 of tax on $090 through the next $109 of rentrdquo

6 Amendment No 4 Section 315060 of the Code is amended to read in its entirety as follows

ldquo315050 Operatorrsquos duties (1) Each operator will collect the tax imposed by this chapter at the same time as the rent is collected from every transient The amount of tax shall be separately stated upon the operatorrsquos records and any receipt rendered by the operator No operator of a

4 ndash ORDINANCE NO _______ 16564050-010795821

hotel shall advertise that the tax or any part of the tax will be assumed or absorbed by the operator or that it will not be added to the rent or that when added any part will be refunded except in the manner provided by this chapter (2) Each local tax trustee will be considered an operator for purposes of the operator obligations contained in this SMC Chapter 315 Without otherwise limiting the generality of the immediately preceding sentence each local tax trustee will be subject to and comply with the provisions contained in SMC 315050(1) and 315070 to 315180 applicable to operators including without limitation all registration requirements return and payment provisions and record keeping obligations contained thereinrdquo

7 Amendment No 5 Section 315060 of the Code is amended to read in its entirety as follows

ldquo315060 Exemptions No tax will be imposed upon any of the following

(1) Any occupant of a dwelling unit in a hospital health care facility long-term care facility andor any other residential facility that is licensed registered or certified by the Oregon Department of Human Services or the Oregon Health Authority (2) Any occupant of a dwelling unit in a facility providing treatment for drug andor alcohol abuse andor providing mental health treatment (3) Any occupant of a dwelling unit if the consideration for occupancy in the dwelling unit is funded through a contract with a government agency and the purpose of which is to provide emergency or temporary shelter (4) An employee of the federal government while on federal business whose room is procured and paid for directly by the federal government through a purchase order or other form of procurement and with a government check provided however if the federal employee pays for a room personally the employee is not exempt and the tax must be paid even if the employee is in City on federal business (5) Any occupant of a dwelling unit that is leased or otherwise occupied by the occupant for a consecutive period of 30 days or more during the year The requirements of this SMC 315060(5) are satisfied even if the physical dwelling unit changes during the consecutive period if (a) all dwelling units occupied are within the same facility and (b) the person paying consideration for the transient lodging is the same person throughout the consecutive period (6) Any occupant of a dwelling unit at a nonprofit youth or church camp nonprofit conference center or other nonprofit facilityrdquo

8 Miscellaneous This Ordinance is hereby made part of SMC Chapter 315 The provisions of SMC Chapter 315 that are not amended or modified by this Ordinance remain unchanged and in full force and effect This Ordinance does not relieve any person of any obligations that may have

5 ndash ORDINANCE NO _______ 16564050-010795821

accrued under SMC Chapter 315 prior to the effective date of this Ordinance City may continue the enforcement prosecution conviction andor punishment of any person who has or will violate SMC Chapter 315 prior to the effective date of this Ordinance All pronouns contained in this Ordinance and any variations thereof will be deemed to refer to the masculine feminine or neutral singular or plural as the identity of the parties may require The singular includes the plural and the plural includes the singular The word ldquoorrdquo is not exclusive The words ldquoincluderdquo ldquoincludesrdquo and ldquoincludingrdquo are not limiting Any reference to a particular law statute rule regulation code or ordinance includes the law statute rule regulation code or ordinance as now in force and hereafter amended If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the council to cure editorial andor clerical errors City staff andor its designee may renumber and format this Ordinance into the Sisters Municipal Code

This Ordinance was PASSED and ADOPTED by the Sisters City Council by a vote of ___ for and __

against and APPROVED by the mayor on this ___ day of _____________ 2019 _______________________________ Chuck Ryan Mayor

ATTEST ____________________________________ Kerry Prosser City Recorder

6 ndash ORDINANCE NO _______ 16564050-010795821

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Meeting Date July 24 2019 Staff BreAnne McConkie

Type Regular MeetingPublic Hearing Dept CDD

Subject Text Amendment (TA 19-01)ORD No 497 ndash An Ordinance amending Cityrsquos Development Code to update certain review procedures allow for service stations in the Downtown Commercial District with special provision modify lots standards and uses in certain zones increase the allowance for administrative variances and make other changes

Action Requested Adopt Ordinance No 497 An Ordinance Amending the City of Sisters Development Code as detailed in City file TA 19-01

Summary Points This is a public hearing to review and adopt several Development Code text amendments Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing amendments to the following sections of the Development Code bull Section 13300 Definitions (modify the definition of a dwelling unit) bull Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions (modify use table to

allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

bull Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) bull Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review (clarify shared residential

amenities as permitted and clarify when a Site Plan is required for amenities) bull Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions) bull Section 215300 ADUs (remove owner occupancy requirement for ADUs) bull Section 2152200 Public Art (Remove PC approval of Public Art) bull Section 2141000 North Sisters Business Park District (update number of lots and number of units allowed

in the NSBP zone) bull Section 51300 Variances (increase administrativeminor variances up to 20) bull Chapter 45 Master Plan (clarify when required) and bull Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal procedures)

Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (TA 19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments and directed staff to proceed with a land use application

On June 20th the Planning Commission held a public hearing and made a unanimous recommendation to City Council to approve TA 19-01 without modification as described in the staff report The recommendation from the Planning Commission is now being forwarded to the City Council for a public hearing and adoption

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

At the City Council workshop held on 042419 Councilors provided informal direction to explore further changes to Cargo Container regulations Staff has reached out the Chamber of Commerce for input on this issue and is considering further refinements For this reason modifications to regulations for Cargo Containers have been omitted from this application and will be included in a future application

Discussion A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling) Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table

241) bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600)

o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1)) This would effectively limit any new service stations in the downtown Cascade corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2)) o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC)

zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit

The definitions are as follows bull Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care

home bull Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to

for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292) SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities) Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Staff Recommendation amp Summary of Amended Text bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC

Table 221 and Table 231) bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was reviewed and approved

through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements) Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases) Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for

each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement) Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B)) SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200) SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

SDC SECTION 51300 VARIANCES Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20 SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code SDC CHAPTER 41 APPLICATIONS AND REVIEWS Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

Fiscal Impact No direct fiscal impacts related to TA 19-01 are anticipated

Recommendation The text amendments are ldquobundledrdquo into File No TA 19-01 The City Council may consider approving the text amendment package ldquoas-isrdquo modify what is being proposed or continue the public hearing to a future date

Staff recommends adopting the proposed text amendments as recommended by the Planning Commission during the June 20th public hearing

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Attachment

DRAFT ORDINANCE NO 497 AN ORDINANCE AMENDING CITYrsquoS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISION MODIFY LOTS STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES

Exhibit A - Signed Planning Commission Resolution PC 2019-03 with staff report and findings Exhibit B - Proposed Development Code text amendments (marked version)

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

1 ndash ORDINANCE NO 497 16564120-010890172

ORDINANCE NO 497

AN ORDINANCE AMENDING THE SISTERS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISIONS MODIFY LOT STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES WHEREAS the City of Sisters (ldquoCityrdquo) as the applicant for file number TA 19-01 proposed legislative amendments to the Sisters Development Code (ldquoDevelopment Coderdquo) WHEREAS the amendments among other things proposed to allow for service stations to be located in the Downtown Commercial District as a minor conditional use with special provisions modify the definition of a ldquodwelling unitrdquo and ldquomanufactured dwellingrdquo modify the minimum lot size requirements for parcels located in the Urban Area Reserve District clarify shared residential amenities as a permitted use in the Multi-Family Residential and Residential Districts clarify the allowable timeframe for phased subdivisions remove the owner occupancy requirement for Accessory Dwelling Units in the Residential District remove Planning Commission approval for Public Art update the number of lots and number of units allowed in the North Sisters Business Park District increase the allowance for administrative variances clarify when a master plan is required and clarify consolidated reviews and appeal procedures (collectively the ldquoAmendmentsrdquo) WHEREAS in accordance with Sisters Development Code Chapter 41 legislative amendments are processed as a Type IV application WHEREAS the Department of Land Conservation and Development received the ldquoNotice of Proposed Amendmentrdquo at least 35 days prior to the first evidentiary hearing WHEREAS after due notice a public hearing on the Amendments was held before the Sisters Planning Commission (ldquoPlanning Commissionrdquo) on June 20 2019 WHEREAS the Sisters Planning Commission after receiving public testimony and other evidence and fully deliberating the matter recommended that the Sisters City Council (ldquoCity Councilrdquo) adopt the proposed Amendments WHEREAS after due notice a public hearing was scheduled before the City Council on July 24 2019 and WHEREAS after reviewing the staff report and the Planning Commissionrsquos recommendation receiving public testimony and other evidence and deliberating the matter fully City Council voted to adopt the Amendments except for the updated regulations for short-term rentals

NOW THEREFORE THE CITY OF SISTERS ORDAINS AS FOLLOWS

1 Findings The findings contained in the recitals and those found in the staff report delivered at the July 24 2019 public hearing before City Council and attached hereto as Exhibit A are hereby adopted 2 Amendments The amendments to the Development Code attached hereto as Exhibit B are hereby adopted

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 5: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

hotel shall advertise that the tax or any part of the tax will be assumed or absorbed by the operator or that it will not be added to the rent or that when added any part will be refunded except in the manner provided by this chapter (2) Each local tax trustee will be considered an operator for purposes of the operator obligations contained in this SMC Chapter 315 Without otherwise limiting the generality of the immediately preceding sentence each local tax trustee will be subject to and comply with the provisions contained in SMC 315050(1) and 315070 to 315180 applicable to operators including without limitation all registration requirements return and payment provisions and record keeping obligations contained thereinrdquo

7 Amendment No 5 Section 315060 of the Code is amended to read in its entirety as follows

ldquo315060 Exemptions No tax will be imposed upon any of the following

(1) Any occupant of a dwelling unit in a hospital health care facility long-term care facility andor any other residential facility that is licensed registered or certified by the Oregon Department of Human Services or the Oregon Health Authority (2) Any occupant of a dwelling unit in a facility providing treatment for drug andor alcohol abuse andor providing mental health treatment (3) Any occupant of a dwelling unit if the consideration for occupancy in the dwelling unit is funded through a contract with a government agency and the purpose of which is to provide emergency or temporary shelter (4) An employee of the federal government while on federal business whose room is procured and paid for directly by the federal government through a purchase order or other form of procurement and with a government check provided however if the federal employee pays for a room personally the employee is not exempt and the tax must be paid even if the employee is in City on federal business (5) Any occupant of a dwelling unit that is leased or otherwise occupied by the occupant for a consecutive period of 30 days or more during the year The requirements of this SMC 315060(5) are satisfied even if the physical dwelling unit changes during the consecutive period if (a) all dwelling units occupied are within the same facility and (b) the person paying consideration for the transient lodging is the same person throughout the consecutive period (6) Any occupant of a dwelling unit at a nonprofit youth or church camp nonprofit conference center or other nonprofit facilityrdquo

8 Miscellaneous This Ordinance is hereby made part of SMC Chapter 315 The provisions of SMC Chapter 315 that are not amended or modified by this Ordinance remain unchanged and in full force and effect This Ordinance does not relieve any person of any obligations that may have

5 ndash ORDINANCE NO _______ 16564050-010795821

accrued under SMC Chapter 315 prior to the effective date of this Ordinance City may continue the enforcement prosecution conviction andor punishment of any person who has or will violate SMC Chapter 315 prior to the effective date of this Ordinance All pronouns contained in this Ordinance and any variations thereof will be deemed to refer to the masculine feminine or neutral singular or plural as the identity of the parties may require The singular includes the plural and the plural includes the singular The word ldquoorrdquo is not exclusive The words ldquoincluderdquo ldquoincludesrdquo and ldquoincludingrdquo are not limiting Any reference to a particular law statute rule regulation code or ordinance includes the law statute rule regulation code or ordinance as now in force and hereafter amended If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the council to cure editorial andor clerical errors City staff andor its designee may renumber and format this Ordinance into the Sisters Municipal Code

This Ordinance was PASSED and ADOPTED by the Sisters City Council by a vote of ___ for and __

against and APPROVED by the mayor on this ___ day of _____________ 2019 _______________________________ Chuck Ryan Mayor

ATTEST ____________________________________ Kerry Prosser City Recorder

6 ndash ORDINANCE NO _______ 16564050-010795821

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Meeting Date July 24 2019 Staff BreAnne McConkie

Type Regular MeetingPublic Hearing Dept CDD

Subject Text Amendment (TA 19-01)ORD No 497 ndash An Ordinance amending Cityrsquos Development Code to update certain review procedures allow for service stations in the Downtown Commercial District with special provision modify lots standards and uses in certain zones increase the allowance for administrative variances and make other changes

Action Requested Adopt Ordinance No 497 An Ordinance Amending the City of Sisters Development Code as detailed in City file TA 19-01

Summary Points This is a public hearing to review and adopt several Development Code text amendments Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing amendments to the following sections of the Development Code bull Section 13300 Definitions (modify the definition of a dwelling unit) bull Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions (modify use table to

allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

bull Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) bull Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review (clarify shared residential

amenities as permitted and clarify when a Site Plan is required for amenities) bull Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions) bull Section 215300 ADUs (remove owner occupancy requirement for ADUs) bull Section 2152200 Public Art (Remove PC approval of Public Art) bull Section 2141000 North Sisters Business Park District (update number of lots and number of units allowed

in the NSBP zone) bull Section 51300 Variances (increase administrativeminor variances up to 20) bull Chapter 45 Master Plan (clarify when required) and bull Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal procedures)

Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (TA 19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments and directed staff to proceed with a land use application

On June 20th the Planning Commission held a public hearing and made a unanimous recommendation to City Council to approve TA 19-01 without modification as described in the staff report The recommendation from the Planning Commission is now being forwarded to the City Council for a public hearing and adoption

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

At the City Council workshop held on 042419 Councilors provided informal direction to explore further changes to Cargo Container regulations Staff has reached out the Chamber of Commerce for input on this issue and is considering further refinements For this reason modifications to regulations for Cargo Containers have been omitted from this application and will be included in a future application

Discussion A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling) Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table

241) bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600)

o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1)) This would effectively limit any new service stations in the downtown Cascade corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2)) o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC)

zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit

The definitions are as follows bull Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care

home bull Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to

for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292) SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities) Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Staff Recommendation amp Summary of Amended Text bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC

Table 221 and Table 231) bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was reviewed and approved

through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements) Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases) Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for

each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement) Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B)) SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200) SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

SDC SECTION 51300 VARIANCES Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20 SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code SDC CHAPTER 41 APPLICATIONS AND REVIEWS Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

Fiscal Impact No direct fiscal impacts related to TA 19-01 are anticipated

Recommendation The text amendments are ldquobundledrdquo into File No TA 19-01 The City Council may consider approving the text amendment package ldquoas-isrdquo modify what is being proposed or continue the public hearing to a future date

Staff recommends adopting the proposed text amendments as recommended by the Planning Commission during the June 20th public hearing

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Attachment

DRAFT ORDINANCE NO 497 AN ORDINANCE AMENDING CITYrsquoS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISION MODIFY LOTS STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES

Exhibit A - Signed Planning Commission Resolution PC 2019-03 with staff report and findings Exhibit B - Proposed Development Code text amendments (marked version)

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

1 ndash ORDINANCE NO 497 16564120-010890172

ORDINANCE NO 497

AN ORDINANCE AMENDING THE SISTERS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISIONS MODIFY LOT STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES WHEREAS the City of Sisters (ldquoCityrdquo) as the applicant for file number TA 19-01 proposed legislative amendments to the Sisters Development Code (ldquoDevelopment Coderdquo) WHEREAS the amendments among other things proposed to allow for service stations to be located in the Downtown Commercial District as a minor conditional use with special provisions modify the definition of a ldquodwelling unitrdquo and ldquomanufactured dwellingrdquo modify the minimum lot size requirements for parcels located in the Urban Area Reserve District clarify shared residential amenities as a permitted use in the Multi-Family Residential and Residential Districts clarify the allowable timeframe for phased subdivisions remove the owner occupancy requirement for Accessory Dwelling Units in the Residential District remove Planning Commission approval for Public Art update the number of lots and number of units allowed in the North Sisters Business Park District increase the allowance for administrative variances clarify when a master plan is required and clarify consolidated reviews and appeal procedures (collectively the ldquoAmendmentsrdquo) WHEREAS in accordance with Sisters Development Code Chapter 41 legislative amendments are processed as a Type IV application WHEREAS the Department of Land Conservation and Development received the ldquoNotice of Proposed Amendmentrdquo at least 35 days prior to the first evidentiary hearing WHEREAS after due notice a public hearing on the Amendments was held before the Sisters Planning Commission (ldquoPlanning Commissionrdquo) on June 20 2019 WHEREAS the Sisters Planning Commission after receiving public testimony and other evidence and fully deliberating the matter recommended that the Sisters City Council (ldquoCity Councilrdquo) adopt the proposed Amendments WHEREAS after due notice a public hearing was scheduled before the City Council on July 24 2019 and WHEREAS after reviewing the staff report and the Planning Commissionrsquos recommendation receiving public testimony and other evidence and deliberating the matter fully City Council voted to adopt the Amendments except for the updated regulations for short-term rentals

NOW THEREFORE THE CITY OF SISTERS ORDAINS AS FOLLOWS

1 Findings The findings contained in the recitals and those found in the staff report delivered at the July 24 2019 public hearing before City Council and attached hereto as Exhibit A are hereby adopted 2 Amendments The amendments to the Development Code attached hereto as Exhibit B are hereby adopted

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 6: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

accrued under SMC Chapter 315 prior to the effective date of this Ordinance City may continue the enforcement prosecution conviction andor punishment of any person who has or will violate SMC Chapter 315 prior to the effective date of this Ordinance All pronouns contained in this Ordinance and any variations thereof will be deemed to refer to the masculine feminine or neutral singular or plural as the identity of the parties may require The singular includes the plural and the plural includes the singular The word ldquoorrdquo is not exclusive The words ldquoincluderdquo ldquoincludesrdquo and ldquoincludingrdquo are not limiting Any reference to a particular law statute rule regulation code or ordinance includes the law statute rule regulation code or ordinance as now in force and hereafter amended If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the council to cure editorial andor clerical errors City staff andor its designee may renumber and format this Ordinance into the Sisters Municipal Code

This Ordinance was PASSED and ADOPTED by the Sisters City Council by a vote of ___ for and __

against and APPROVED by the mayor on this ___ day of _____________ 2019 _______________________________ Chuck Ryan Mayor

ATTEST ____________________________________ Kerry Prosser City Recorder

6 ndash ORDINANCE NO _______ 16564050-010795821

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Meeting Date July 24 2019 Staff BreAnne McConkie

Type Regular MeetingPublic Hearing Dept CDD

Subject Text Amendment (TA 19-01)ORD No 497 ndash An Ordinance amending Cityrsquos Development Code to update certain review procedures allow for service stations in the Downtown Commercial District with special provision modify lots standards and uses in certain zones increase the allowance for administrative variances and make other changes

Action Requested Adopt Ordinance No 497 An Ordinance Amending the City of Sisters Development Code as detailed in City file TA 19-01

Summary Points This is a public hearing to review and adopt several Development Code text amendments Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing amendments to the following sections of the Development Code bull Section 13300 Definitions (modify the definition of a dwelling unit) bull Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions (modify use table to

allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

bull Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) bull Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review (clarify shared residential

amenities as permitted and clarify when a Site Plan is required for amenities) bull Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions) bull Section 215300 ADUs (remove owner occupancy requirement for ADUs) bull Section 2152200 Public Art (Remove PC approval of Public Art) bull Section 2141000 North Sisters Business Park District (update number of lots and number of units allowed

in the NSBP zone) bull Section 51300 Variances (increase administrativeminor variances up to 20) bull Chapter 45 Master Plan (clarify when required) and bull Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal procedures)

Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (TA 19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments and directed staff to proceed with a land use application

On June 20th the Planning Commission held a public hearing and made a unanimous recommendation to City Council to approve TA 19-01 without modification as described in the staff report The recommendation from the Planning Commission is now being forwarded to the City Council for a public hearing and adoption

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

At the City Council workshop held on 042419 Councilors provided informal direction to explore further changes to Cargo Container regulations Staff has reached out the Chamber of Commerce for input on this issue and is considering further refinements For this reason modifications to regulations for Cargo Containers have been omitted from this application and will be included in a future application

Discussion A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling) Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table

241) bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600)

o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1)) This would effectively limit any new service stations in the downtown Cascade corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2)) o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC)

zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit

The definitions are as follows bull Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care

home bull Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to

for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292) SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities) Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Staff Recommendation amp Summary of Amended Text bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC

Table 221 and Table 231) bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was reviewed and approved

through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements) Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases) Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for

each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement) Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B)) SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200) SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

SDC SECTION 51300 VARIANCES Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20 SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code SDC CHAPTER 41 APPLICATIONS AND REVIEWS Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

Fiscal Impact No direct fiscal impacts related to TA 19-01 are anticipated

Recommendation The text amendments are ldquobundledrdquo into File No TA 19-01 The City Council may consider approving the text amendment package ldquoas-isrdquo modify what is being proposed or continue the public hearing to a future date

Staff recommends adopting the proposed text amendments as recommended by the Planning Commission during the June 20th public hearing

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Attachment

DRAFT ORDINANCE NO 497 AN ORDINANCE AMENDING CITYrsquoS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISION MODIFY LOTS STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES

Exhibit A - Signed Planning Commission Resolution PC 2019-03 with staff report and findings Exhibit B - Proposed Development Code text amendments (marked version)

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

1 ndash ORDINANCE NO 497 16564120-010890172

ORDINANCE NO 497

AN ORDINANCE AMENDING THE SISTERS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISIONS MODIFY LOT STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES WHEREAS the City of Sisters (ldquoCityrdquo) as the applicant for file number TA 19-01 proposed legislative amendments to the Sisters Development Code (ldquoDevelopment Coderdquo) WHEREAS the amendments among other things proposed to allow for service stations to be located in the Downtown Commercial District as a minor conditional use with special provisions modify the definition of a ldquodwelling unitrdquo and ldquomanufactured dwellingrdquo modify the minimum lot size requirements for parcels located in the Urban Area Reserve District clarify shared residential amenities as a permitted use in the Multi-Family Residential and Residential Districts clarify the allowable timeframe for phased subdivisions remove the owner occupancy requirement for Accessory Dwelling Units in the Residential District remove Planning Commission approval for Public Art update the number of lots and number of units allowed in the North Sisters Business Park District increase the allowance for administrative variances clarify when a master plan is required and clarify consolidated reviews and appeal procedures (collectively the ldquoAmendmentsrdquo) WHEREAS in accordance with Sisters Development Code Chapter 41 legislative amendments are processed as a Type IV application WHEREAS the Department of Land Conservation and Development received the ldquoNotice of Proposed Amendmentrdquo at least 35 days prior to the first evidentiary hearing WHEREAS after due notice a public hearing on the Amendments was held before the Sisters Planning Commission (ldquoPlanning Commissionrdquo) on June 20 2019 WHEREAS the Sisters Planning Commission after receiving public testimony and other evidence and fully deliberating the matter recommended that the Sisters City Council (ldquoCity Councilrdquo) adopt the proposed Amendments WHEREAS after due notice a public hearing was scheduled before the City Council on July 24 2019 and WHEREAS after reviewing the staff report and the Planning Commissionrsquos recommendation receiving public testimony and other evidence and deliberating the matter fully City Council voted to adopt the Amendments except for the updated regulations for short-term rentals

NOW THEREFORE THE CITY OF SISTERS ORDAINS AS FOLLOWS

1 Findings The findings contained in the recitals and those found in the staff report delivered at the July 24 2019 public hearing before City Council and attached hereto as Exhibit A are hereby adopted 2 Amendments The amendments to the Development Code attached hereto as Exhibit B are hereby adopted

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 7: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Meeting Date July 24 2019 Staff BreAnne McConkie

Type Regular MeetingPublic Hearing Dept CDD

Subject Text Amendment (TA 19-01)ORD No 497 ndash An Ordinance amending Cityrsquos Development Code to update certain review procedures allow for service stations in the Downtown Commercial District with special provision modify lots standards and uses in certain zones increase the allowance for administrative variances and make other changes

Action Requested Adopt Ordinance No 497 An Ordinance Amending the City of Sisters Development Code as detailed in City file TA 19-01

Summary Points This is a public hearing to review and adopt several Development Code text amendments Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing amendments to the following sections of the Development Code bull Section 13300 Definitions (modify the definition of a dwelling unit) bull Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions (modify use table to

allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

bull Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) bull Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review (clarify shared residential

amenities as permitted and clarify when a Site Plan is required for amenities) bull Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions) bull Section 215300 ADUs (remove owner occupancy requirement for ADUs) bull Section 2152200 Public Art (Remove PC approval of Public Art) bull Section 2141000 North Sisters Business Park District (update number of lots and number of units allowed

in the NSBP zone) bull Section 51300 Variances (increase administrativeminor variances up to 20) bull Chapter 45 Master Plan (clarify when required) and bull Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal procedures)

Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (TA 19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments and directed staff to proceed with a land use application

On June 20th the Planning Commission held a public hearing and made a unanimous recommendation to City Council to approve TA 19-01 without modification as described in the staff report The recommendation from the Planning Commission is now being forwarded to the City Council for a public hearing and adoption

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

At the City Council workshop held on 042419 Councilors provided informal direction to explore further changes to Cargo Container regulations Staff has reached out the Chamber of Commerce for input on this issue and is considering further refinements For this reason modifications to regulations for Cargo Containers have been omitted from this application and will be included in a future application

Discussion A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling) Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table

241) bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600)

o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1)) This would effectively limit any new service stations in the downtown Cascade corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2)) o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC)

zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit

The definitions are as follows bull Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care

home bull Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to

for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292) SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities) Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Staff Recommendation amp Summary of Amended Text bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC

Table 221 and Table 231) bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was reviewed and approved

through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements) Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases) Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for

each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement) Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B)) SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200) SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

SDC SECTION 51300 VARIANCES Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20 SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code SDC CHAPTER 41 APPLICATIONS AND REVIEWS Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

Fiscal Impact No direct fiscal impacts related to TA 19-01 are anticipated

Recommendation The text amendments are ldquobundledrdquo into File No TA 19-01 The City Council may consider approving the text amendment package ldquoas-isrdquo modify what is being proposed or continue the public hearing to a future date

Staff recommends adopting the proposed text amendments as recommended by the Planning Commission during the June 20th public hearing

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Attachment

DRAFT ORDINANCE NO 497 AN ORDINANCE AMENDING CITYrsquoS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISION MODIFY LOTS STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES

Exhibit A - Signed Planning Commission Resolution PC 2019-03 with staff report and findings Exhibit B - Proposed Development Code text amendments (marked version)

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

1 ndash ORDINANCE NO 497 16564120-010890172

ORDINANCE NO 497

AN ORDINANCE AMENDING THE SISTERS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISIONS MODIFY LOT STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES WHEREAS the City of Sisters (ldquoCityrdquo) as the applicant for file number TA 19-01 proposed legislative amendments to the Sisters Development Code (ldquoDevelopment Coderdquo) WHEREAS the amendments among other things proposed to allow for service stations to be located in the Downtown Commercial District as a minor conditional use with special provisions modify the definition of a ldquodwelling unitrdquo and ldquomanufactured dwellingrdquo modify the minimum lot size requirements for parcels located in the Urban Area Reserve District clarify shared residential amenities as a permitted use in the Multi-Family Residential and Residential Districts clarify the allowable timeframe for phased subdivisions remove the owner occupancy requirement for Accessory Dwelling Units in the Residential District remove Planning Commission approval for Public Art update the number of lots and number of units allowed in the North Sisters Business Park District increase the allowance for administrative variances clarify when a master plan is required and clarify consolidated reviews and appeal procedures (collectively the ldquoAmendmentsrdquo) WHEREAS in accordance with Sisters Development Code Chapter 41 legislative amendments are processed as a Type IV application WHEREAS the Department of Land Conservation and Development received the ldquoNotice of Proposed Amendmentrdquo at least 35 days prior to the first evidentiary hearing WHEREAS after due notice a public hearing on the Amendments was held before the Sisters Planning Commission (ldquoPlanning Commissionrdquo) on June 20 2019 WHEREAS the Sisters Planning Commission after receiving public testimony and other evidence and fully deliberating the matter recommended that the Sisters City Council (ldquoCity Councilrdquo) adopt the proposed Amendments WHEREAS after due notice a public hearing was scheduled before the City Council on July 24 2019 and WHEREAS after reviewing the staff report and the Planning Commissionrsquos recommendation receiving public testimony and other evidence and deliberating the matter fully City Council voted to adopt the Amendments except for the updated regulations for short-term rentals

NOW THEREFORE THE CITY OF SISTERS ORDAINS AS FOLLOWS

1 Findings The findings contained in the recitals and those found in the staff report delivered at the July 24 2019 public hearing before City Council and attached hereto as Exhibit A are hereby adopted 2 Amendments The amendments to the Development Code attached hereto as Exhibit B are hereby adopted

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 8: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

At the City Council workshop held on 042419 Councilors provided informal direction to explore further changes to Cargo Container regulations Staff has reached out the Chamber of Commerce for input on this issue and is considering further refinements For this reason modifications to regulations for Cargo Containers have been omitted from this application and will be included in a future application

Discussion A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling) Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table

241) bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600)

o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1)) This would effectively limit any new service stations in the downtown Cascade corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2)) o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC)

zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit

The definitions are as follows bull Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care

home bull Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to

for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292) SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities) Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Staff Recommendation amp Summary of Amended Text bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC

Table 221 and Table 231) bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was reviewed and approved

through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements) Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases) Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for

each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement) Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B)) SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200) SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

SDC SECTION 51300 VARIANCES Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20 SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code SDC CHAPTER 41 APPLICATIONS AND REVIEWS Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

Fiscal Impact No direct fiscal impacts related to TA 19-01 are anticipated

Recommendation The text amendments are ldquobundledrdquo into File No TA 19-01 The City Council may consider approving the text amendment package ldquoas-isrdquo modify what is being proposed or continue the public hearing to a future date

Staff recommends adopting the proposed text amendments as recommended by the Planning Commission during the June 20th public hearing

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Attachment

DRAFT ORDINANCE NO 497 AN ORDINANCE AMENDING CITYrsquoS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISION MODIFY LOTS STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES

Exhibit A - Signed Planning Commission Resolution PC 2019-03 with staff report and findings Exhibit B - Proposed Development Code text amendments (marked version)

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

1 ndash ORDINANCE NO 497 16564120-010890172

ORDINANCE NO 497

AN ORDINANCE AMENDING THE SISTERS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISIONS MODIFY LOT STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES WHEREAS the City of Sisters (ldquoCityrdquo) as the applicant for file number TA 19-01 proposed legislative amendments to the Sisters Development Code (ldquoDevelopment Coderdquo) WHEREAS the amendments among other things proposed to allow for service stations to be located in the Downtown Commercial District as a minor conditional use with special provisions modify the definition of a ldquodwelling unitrdquo and ldquomanufactured dwellingrdquo modify the minimum lot size requirements for parcels located in the Urban Area Reserve District clarify shared residential amenities as a permitted use in the Multi-Family Residential and Residential Districts clarify the allowable timeframe for phased subdivisions remove the owner occupancy requirement for Accessory Dwelling Units in the Residential District remove Planning Commission approval for Public Art update the number of lots and number of units allowed in the North Sisters Business Park District increase the allowance for administrative variances clarify when a master plan is required and clarify consolidated reviews and appeal procedures (collectively the ldquoAmendmentsrdquo) WHEREAS in accordance with Sisters Development Code Chapter 41 legislative amendments are processed as a Type IV application WHEREAS the Department of Land Conservation and Development received the ldquoNotice of Proposed Amendmentrdquo at least 35 days prior to the first evidentiary hearing WHEREAS after due notice a public hearing on the Amendments was held before the Sisters Planning Commission (ldquoPlanning Commissionrdquo) on June 20 2019 WHEREAS the Sisters Planning Commission after receiving public testimony and other evidence and fully deliberating the matter recommended that the Sisters City Council (ldquoCity Councilrdquo) adopt the proposed Amendments WHEREAS after due notice a public hearing was scheduled before the City Council on July 24 2019 and WHEREAS after reviewing the staff report and the Planning Commissionrsquos recommendation receiving public testimony and other evidence and deliberating the matter fully City Council voted to adopt the Amendments except for the updated regulations for short-term rentals

NOW THEREFORE THE CITY OF SISTERS ORDAINS AS FOLLOWS

1 Findings The findings contained in the recitals and those found in the staff report delivered at the July 24 2019 public hearing before City Council and attached hereto as Exhibit A are hereby adopted 2 Amendments The amendments to the Development Code attached hereto as Exhibit B are hereby adopted

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 9: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit

The definitions are as follows bull Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care

home bull Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to

for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292) SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities) Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Staff Recommendation amp Summary of Amended Text bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC

Table 221 and Table 231) bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was reviewed and approved

through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements) Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases) Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for

each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement) Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B)) SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200) SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

SDC SECTION 51300 VARIANCES Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20 SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code SDC CHAPTER 41 APPLICATIONS AND REVIEWS Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

Fiscal Impact No direct fiscal impacts related to TA 19-01 are anticipated

Recommendation The text amendments are ldquobundledrdquo into File No TA 19-01 The City Council may consider approving the text amendment package ldquoas-isrdquo modify what is being proposed or continue the public hearing to a future date

Staff recommends adopting the proposed text amendments as recommended by the Planning Commission during the June 20th public hearing

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Attachment

DRAFT ORDINANCE NO 497 AN ORDINANCE AMENDING CITYrsquoS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISION MODIFY LOTS STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES

Exhibit A - Signed Planning Commission Resolution PC 2019-03 with staff report and findings Exhibit B - Proposed Development Code text amendments (marked version)

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

1 ndash ORDINANCE NO 497 16564120-010890172

ORDINANCE NO 497

AN ORDINANCE AMENDING THE SISTERS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISIONS MODIFY LOT STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES WHEREAS the City of Sisters (ldquoCityrdquo) as the applicant for file number TA 19-01 proposed legislative amendments to the Sisters Development Code (ldquoDevelopment Coderdquo) WHEREAS the amendments among other things proposed to allow for service stations to be located in the Downtown Commercial District as a minor conditional use with special provisions modify the definition of a ldquodwelling unitrdquo and ldquomanufactured dwellingrdquo modify the minimum lot size requirements for parcels located in the Urban Area Reserve District clarify shared residential amenities as a permitted use in the Multi-Family Residential and Residential Districts clarify the allowable timeframe for phased subdivisions remove the owner occupancy requirement for Accessory Dwelling Units in the Residential District remove Planning Commission approval for Public Art update the number of lots and number of units allowed in the North Sisters Business Park District increase the allowance for administrative variances clarify when a master plan is required and clarify consolidated reviews and appeal procedures (collectively the ldquoAmendmentsrdquo) WHEREAS in accordance with Sisters Development Code Chapter 41 legislative amendments are processed as a Type IV application WHEREAS the Department of Land Conservation and Development received the ldquoNotice of Proposed Amendmentrdquo at least 35 days prior to the first evidentiary hearing WHEREAS after due notice a public hearing on the Amendments was held before the Sisters Planning Commission (ldquoPlanning Commissionrdquo) on June 20 2019 WHEREAS the Sisters Planning Commission after receiving public testimony and other evidence and fully deliberating the matter recommended that the Sisters City Council (ldquoCity Councilrdquo) adopt the proposed Amendments WHEREAS after due notice a public hearing was scheduled before the City Council on July 24 2019 and WHEREAS after reviewing the staff report and the Planning Commissionrsquos recommendation receiving public testimony and other evidence and deliberating the matter fully City Council voted to adopt the Amendments except for the updated regulations for short-term rentals

NOW THEREFORE THE CITY OF SISTERS ORDAINS AS FOLLOWS

1 Findings The findings contained in the recitals and those found in the staff report delivered at the July 24 2019 public hearing before City Council and attached hereto as Exhibit A are hereby adopted 2 Amendments The amendments to the Development Code attached hereto as Exhibit B are hereby adopted

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 10: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Staff Recommendation amp Summary of Amended Text bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC

Table 221 and Table 231) bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was reviewed and approved

through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements) Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases) Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for

each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement) Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B)) SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200) SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

SDC SECTION 51300 VARIANCES Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20 SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code SDC CHAPTER 41 APPLICATIONS AND REVIEWS Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

Fiscal Impact No direct fiscal impacts related to TA 19-01 are anticipated

Recommendation The text amendments are ldquobundledrdquo into File No TA 19-01 The City Council may consider approving the text amendment package ldquoas-isrdquo modify what is being proposed or continue the public hearing to a future date

Staff recommends adopting the proposed text amendments as recommended by the Planning Commission during the June 20th public hearing

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Attachment

DRAFT ORDINANCE NO 497 AN ORDINANCE AMENDING CITYrsquoS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISION MODIFY LOTS STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES

Exhibit A - Signed Planning Commission Resolution PC 2019-03 with staff report and findings Exhibit B - Proposed Development Code text amendments (marked version)

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

1 ndash ORDINANCE NO 497 16564120-010890172

ORDINANCE NO 497

AN ORDINANCE AMENDING THE SISTERS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISIONS MODIFY LOT STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES WHEREAS the City of Sisters (ldquoCityrdquo) as the applicant for file number TA 19-01 proposed legislative amendments to the Sisters Development Code (ldquoDevelopment Coderdquo) WHEREAS the amendments among other things proposed to allow for service stations to be located in the Downtown Commercial District as a minor conditional use with special provisions modify the definition of a ldquodwelling unitrdquo and ldquomanufactured dwellingrdquo modify the minimum lot size requirements for parcels located in the Urban Area Reserve District clarify shared residential amenities as a permitted use in the Multi-Family Residential and Residential Districts clarify the allowable timeframe for phased subdivisions remove the owner occupancy requirement for Accessory Dwelling Units in the Residential District remove Planning Commission approval for Public Art update the number of lots and number of units allowed in the North Sisters Business Park District increase the allowance for administrative variances clarify when a master plan is required and clarify consolidated reviews and appeal procedures (collectively the ldquoAmendmentsrdquo) WHEREAS in accordance with Sisters Development Code Chapter 41 legislative amendments are processed as a Type IV application WHEREAS the Department of Land Conservation and Development received the ldquoNotice of Proposed Amendmentrdquo at least 35 days prior to the first evidentiary hearing WHEREAS after due notice a public hearing on the Amendments was held before the Sisters Planning Commission (ldquoPlanning Commissionrdquo) on June 20 2019 WHEREAS the Sisters Planning Commission after receiving public testimony and other evidence and fully deliberating the matter recommended that the Sisters City Council (ldquoCity Councilrdquo) adopt the proposed Amendments WHEREAS after due notice a public hearing was scheduled before the City Council on July 24 2019 and WHEREAS after reviewing the staff report and the Planning Commissionrsquos recommendation receiving public testimony and other evidence and deliberating the matter fully City Council voted to adopt the Amendments except for the updated regulations for short-term rentals

NOW THEREFORE THE CITY OF SISTERS ORDAINS AS FOLLOWS

1 Findings The findings contained in the recitals and those found in the staff report delivered at the July 24 2019 public hearing before City Council and attached hereto as Exhibit A are hereby adopted 2 Amendments The amendments to the Development Code attached hereto as Exhibit B are hereby adopted

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 11: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

SDC SECTION 51300 VARIANCES Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20 SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code SDC CHAPTER 41 APPLICATIONS AND REVIEWS Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

Fiscal Impact No direct fiscal impacts related to TA 19-01 are anticipated

Recommendation The text amendments are ldquobundledrdquo into File No TA 19-01 The City Council may consider approving the text amendment package ldquoas-isrdquo modify what is being proposed or continue the public hearing to a future date

Staff recommends adopting the proposed text amendments as recommended by the Planning Commission during the June 20th public hearing

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Attachment

DRAFT ORDINANCE NO 497 AN ORDINANCE AMENDING CITYrsquoS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISION MODIFY LOTS STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES

Exhibit A - Signed Planning Commission Resolution PC 2019-03 with staff report and findings Exhibit B - Proposed Development Code text amendments (marked version)

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

1 ndash ORDINANCE NO 497 16564120-010890172

ORDINANCE NO 497

AN ORDINANCE AMENDING THE SISTERS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISIONS MODIFY LOT STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES WHEREAS the City of Sisters (ldquoCityrdquo) as the applicant for file number TA 19-01 proposed legislative amendments to the Sisters Development Code (ldquoDevelopment Coderdquo) WHEREAS the amendments among other things proposed to allow for service stations to be located in the Downtown Commercial District as a minor conditional use with special provisions modify the definition of a ldquodwelling unitrdquo and ldquomanufactured dwellingrdquo modify the minimum lot size requirements for parcels located in the Urban Area Reserve District clarify shared residential amenities as a permitted use in the Multi-Family Residential and Residential Districts clarify the allowable timeframe for phased subdivisions remove the owner occupancy requirement for Accessory Dwelling Units in the Residential District remove Planning Commission approval for Public Art update the number of lots and number of units allowed in the North Sisters Business Park District increase the allowance for administrative variances clarify when a master plan is required and clarify consolidated reviews and appeal procedures (collectively the ldquoAmendmentsrdquo) WHEREAS in accordance with Sisters Development Code Chapter 41 legislative amendments are processed as a Type IV application WHEREAS the Department of Land Conservation and Development received the ldquoNotice of Proposed Amendmentrdquo at least 35 days prior to the first evidentiary hearing WHEREAS after due notice a public hearing on the Amendments was held before the Sisters Planning Commission (ldquoPlanning Commissionrdquo) on June 20 2019 WHEREAS the Sisters Planning Commission after receiving public testimony and other evidence and fully deliberating the matter recommended that the Sisters City Council (ldquoCity Councilrdquo) adopt the proposed Amendments WHEREAS after due notice a public hearing was scheduled before the City Council on July 24 2019 and WHEREAS after reviewing the staff report and the Planning Commissionrsquos recommendation receiving public testimony and other evidence and deliberating the matter fully City Council voted to adopt the Amendments except for the updated regulations for short-term rentals

NOW THEREFORE THE CITY OF SISTERS ORDAINS AS FOLLOWS

1 Findings The findings contained in the recitals and those found in the staff report delivered at the July 24 2019 public hearing before City Council and attached hereto as Exhibit A are hereby adopted 2 Amendments The amendments to the Development Code attached hereto as Exhibit B are hereby adopted

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 12: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

Attachment

DRAFT ORDINANCE NO 497 AN ORDINANCE AMENDING CITYrsquoS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISION MODIFY LOTS STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES

Exhibit A - Signed Planning Commission Resolution PC 2019-03 with staff report and findings Exhibit B - Proposed Development Code text amendments (marked version)

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

1 ndash ORDINANCE NO 497 16564120-010890172

ORDINANCE NO 497

AN ORDINANCE AMENDING THE SISTERS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISIONS MODIFY LOT STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES WHEREAS the City of Sisters (ldquoCityrdquo) as the applicant for file number TA 19-01 proposed legislative amendments to the Sisters Development Code (ldquoDevelopment Coderdquo) WHEREAS the amendments among other things proposed to allow for service stations to be located in the Downtown Commercial District as a minor conditional use with special provisions modify the definition of a ldquodwelling unitrdquo and ldquomanufactured dwellingrdquo modify the minimum lot size requirements for parcels located in the Urban Area Reserve District clarify shared residential amenities as a permitted use in the Multi-Family Residential and Residential Districts clarify the allowable timeframe for phased subdivisions remove the owner occupancy requirement for Accessory Dwelling Units in the Residential District remove Planning Commission approval for Public Art update the number of lots and number of units allowed in the North Sisters Business Park District increase the allowance for administrative variances clarify when a master plan is required and clarify consolidated reviews and appeal procedures (collectively the ldquoAmendmentsrdquo) WHEREAS in accordance with Sisters Development Code Chapter 41 legislative amendments are processed as a Type IV application WHEREAS the Department of Land Conservation and Development received the ldquoNotice of Proposed Amendmentrdquo at least 35 days prior to the first evidentiary hearing WHEREAS after due notice a public hearing on the Amendments was held before the Sisters Planning Commission (ldquoPlanning Commissionrdquo) on June 20 2019 WHEREAS the Sisters Planning Commission after receiving public testimony and other evidence and fully deliberating the matter recommended that the Sisters City Council (ldquoCity Councilrdquo) adopt the proposed Amendments WHEREAS after due notice a public hearing was scheduled before the City Council on July 24 2019 and WHEREAS after reviewing the staff report and the Planning Commissionrsquos recommendation receiving public testimony and other evidence and deliberating the matter fully City Council voted to adopt the Amendments except for the updated regulations for short-term rentals

NOW THEREFORE THE CITY OF SISTERS ORDAINS AS FOLLOWS

1 Findings The findings contained in the recitals and those found in the staff report delivered at the July 24 2019 public hearing before City Council and attached hereto as Exhibit A are hereby adopted 2 Amendments The amendments to the Development Code attached hereto as Exhibit B are hereby adopted

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 13: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY COUNCIL Agenda Item Summary

520 E Cascade Avenue - PO Box 39 - Sisters Or 97759 | ph (541) 549-6022 | wwwcisistersorus

1 ndash ORDINANCE NO 497 16564120-010890172

ORDINANCE NO 497

AN ORDINANCE AMENDING THE SISTERS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISIONS MODIFY LOT STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES WHEREAS the City of Sisters (ldquoCityrdquo) as the applicant for file number TA 19-01 proposed legislative amendments to the Sisters Development Code (ldquoDevelopment Coderdquo) WHEREAS the amendments among other things proposed to allow for service stations to be located in the Downtown Commercial District as a minor conditional use with special provisions modify the definition of a ldquodwelling unitrdquo and ldquomanufactured dwellingrdquo modify the minimum lot size requirements for parcels located in the Urban Area Reserve District clarify shared residential amenities as a permitted use in the Multi-Family Residential and Residential Districts clarify the allowable timeframe for phased subdivisions remove the owner occupancy requirement for Accessory Dwelling Units in the Residential District remove Planning Commission approval for Public Art update the number of lots and number of units allowed in the North Sisters Business Park District increase the allowance for administrative variances clarify when a master plan is required and clarify consolidated reviews and appeal procedures (collectively the ldquoAmendmentsrdquo) WHEREAS in accordance with Sisters Development Code Chapter 41 legislative amendments are processed as a Type IV application WHEREAS the Department of Land Conservation and Development received the ldquoNotice of Proposed Amendmentrdquo at least 35 days prior to the first evidentiary hearing WHEREAS after due notice a public hearing on the Amendments was held before the Sisters Planning Commission (ldquoPlanning Commissionrdquo) on June 20 2019 WHEREAS the Sisters Planning Commission after receiving public testimony and other evidence and fully deliberating the matter recommended that the Sisters City Council (ldquoCity Councilrdquo) adopt the proposed Amendments WHEREAS after due notice a public hearing was scheduled before the City Council on July 24 2019 and WHEREAS after reviewing the staff report and the Planning Commissionrsquos recommendation receiving public testimony and other evidence and deliberating the matter fully City Council voted to adopt the Amendments except for the updated regulations for short-term rentals

NOW THEREFORE THE CITY OF SISTERS ORDAINS AS FOLLOWS

1 Findings The findings contained in the recitals and those found in the staff report delivered at the July 24 2019 public hearing before City Council and attached hereto as Exhibit A are hereby adopted 2 Amendments The amendments to the Development Code attached hereto as Exhibit B are hereby adopted

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 14: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

1 ndash ORDINANCE NO 497 16564120-010890172

ORDINANCE NO 497

AN ORDINANCE AMENDING THE SISTERS DEVELOPMENT CODE TO UPDATE CERTAIN REVIEW PROCEDURES ALLOW FOR SERVICE STATIONS IN THE DOWNTOWN COMMERCIAL DISTRICT WITH SPECIAL PROVISIONS MODIFY LOT STANDARDS AND USES IN CERTAIN ZONES INCREASE THE ALLOWANCE FOR ADMINISTRATIVE VARIANCES AND MAKE OTHER CHANGES WHEREAS the City of Sisters (ldquoCityrdquo) as the applicant for file number TA 19-01 proposed legislative amendments to the Sisters Development Code (ldquoDevelopment Coderdquo) WHEREAS the amendments among other things proposed to allow for service stations to be located in the Downtown Commercial District as a minor conditional use with special provisions modify the definition of a ldquodwelling unitrdquo and ldquomanufactured dwellingrdquo modify the minimum lot size requirements for parcels located in the Urban Area Reserve District clarify shared residential amenities as a permitted use in the Multi-Family Residential and Residential Districts clarify the allowable timeframe for phased subdivisions remove the owner occupancy requirement for Accessory Dwelling Units in the Residential District remove Planning Commission approval for Public Art update the number of lots and number of units allowed in the North Sisters Business Park District increase the allowance for administrative variances clarify when a master plan is required and clarify consolidated reviews and appeal procedures (collectively the ldquoAmendmentsrdquo) WHEREAS in accordance with Sisters Development Code Chapter 41 legislative amendments are processed as a Type IV application WHEREAS the Department of Land Conservation and Development received the ldquoNotice of Proposed Amendmentrdquo at least 35 days prior to the first evidentiary hearing WHEREAS after due notice a public hearing on the Amendments was held before the Sisters Planning Commission (ldquoPlanning Commissionrdquo) on June 20 2019 WHEREAS the Sisters Planning Commission after receiving public testimony and other evidence and fully deliberating the matter recommended that the Sisters City Council (ldquoCity Councilrdquo) adopt the proposed Amendments WHEREAS after due notice a public hearing was scheduled before the City Council on July 24 2019 and WHEREAS after reviewing the staff report and the Planning Commissionrsquos recommendation receiving public testimony and other evidence and deliberating the matter fully City Council voted to adopt the Amendments except for the updated regulations for short-term rentals

NOW THEREFORE THE CITY OF SISTERS ORDAINS AS FOLLOWS

1 Findings The findings contained in the recitals and those found in the staff report delivered at the July 24 2019 public hearing before City Council and attached hereto as Exhibit A are hereby adopted 2 Amendments The amendments to the Development Code attached hereto as Exhibit B are hereby adopted

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 15: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

2 ndash ORDINANCE NO 497 16564120-010890172

3 Authorization The city manager or his designee is authorized to execute any documents and to take such actions as are necessary to further the purposes and objective of this Ordinance including without limitation codifying the Amendments into the Development Code 4 Severability Corrections If any section subsection sentence clause andor portion of this Ordinance is for any reason held invalid unenforceable andor unconstitutional such invalid unenforceable andor unconstitutional section subsection sentence clause andor portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law and (b) not affect the validity enforceability andor constitutionality of the remaining portion of this Ordinance This Ordinance may be corrected by order of the City Council to cure editorial andor clerical errors

This Ordinance was PASSED by the City Council by a vote of ___ for and ___ against and APPROVED by the mayor on this _____ day of _____ 2019

_________________________ Chuck Ryan Mayor ATTEST ____________________________ Kerry Prosser City Recorder

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 16: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

EXHIBIT A ndash STAFF REPORT 16564120-010890172

Exhibit A

STAFF REPORT

[attached]

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 17: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

STAFF REPORT

Community Development Department

TA 19-01

File Text Amendment 19-01

Applicant City of Sisters

Request Amendments to the following sections of the Development Code Section 13300 Definitions (modify the definition of a dwelling unit) Chapter 24 Downtown Commercial District amp Section 2151500 Special Provisions

(modify use table to allow for Service Stations as a MCU Child Care Centers as permitted and Electric Car Charging Stations as a permitted accessory use Modify Special Provisions for Service Stations including concentration limits and setbacks)

Chapter 29 Urban Area Reserve (modify the min lot size from 10 to 25 acres) Chapter 22 Residential Chapter 23 MFR and Section 42200 Site Plan Review

(clarify shared residential amenities as permitted and clarify when a Site Plan is required for amenities)

Section 43 Subdivision Phasing and Final Plat (clarify the allowable timeframe for phased subdivisions)

Section 215300 ADUs (remove owner occupancy requirement for ADUs) Section 2152200 Public Art (Remove PC approval of Public Art) Section 2141000 North Sisters Business Park District (update number of lots and

number of units allowed in the NSBP zone) Section 51300 Variances (increase administrativeminor variances up to 20) Chapter 45 Master Plan (clarify when required) and Chapter 41 Applications and Reviews (clarify consolidated reviews and appeal

procedures) Applicable Criteria Standards and Procedures Sisters Development Code (SDC) Chapter 41 ndash Types of

Applications and Review Procedures Chapter 47 ndash Land Use District Map and Text Amendments Oregon Statewide Land Use Goals and City of Sisters Urban Area Comprehensive Plan

Hearing Date June 20 2019 530 pm Sisters City Council Chambers 520 E Cascade Avenue Sisters

OR

Staff BreAnne McConkie Principal Planner I BACKGROUND

The Community Development Department (CDD) is responsible for updating and ongoing administration of the Development Code Working with the Planning Commission City Attorney and City Council staff has compiled this Text Amendment application (19-01) which includes a number of amendments to the Development Code Text The proposed amendments were reviewed in public workshops held by the Planning Commission on 092018 111518 022119 041819 and 051619 Additionally the City Council held a workshop on 042419 to review the proposed text amendments

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 18: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Acting on behalf of the City of Sisters as the applicant for the subject Development Code Text Amendment staff is proposing to amend the Development Code as summarized on the following pages

II REQUEST

Staff requests the Planning Commission review the proposed text amendments hear statements from all participants and make a formal recommendation to be forwarded to the City Council for final adoption

A section-by-section summary of the proposed amendments is provided below The marked up full version of the proposed text amendments is shown in Exhibit A Proposed new text is shown as blue double underlined proposed deletions are shown crossed out in red The proposed final text for TA 19-01 ndash Development Code Text Amendments is shown in Exhibit B

SUMMARY OF PROPOSED TEXT AMENDMENTS (TA 19-01) SDC Section 13300 Definitions (Dwelling unit Manufactured dwelling)

Discussion The definition of a dwelling unit does not currently identify connection to the Cityrsquos municipal services (ie water and sewer) systems as required element to be recognized as a dwelling unit Additionally the existing definition of a Manufactured dwelling is not linked to the Statersquos definitions of a manufactured dwelling Staff Recommendation amp Summary of Amended Text Revise the definition of a dwelling unit to clarify that dwelling units must be lawfully connected to the Cityrsquos municipal water and sewage disposal systems Revise definition of the Manufactured Dwelling to be consistent with state definition of a manufactured dwelling

SDC CHAPTER 24 DOWNTOWN COMMERCIAL DISTRICT amp SECTION 2151500 SPECIAL PROVISIONS

Service Stations Discussion Service Stations (gas stations) are not a permitted use in the DC zone and are therefore considered a legal nonconforming use Generally this means that they cannot be expanded rebuilt or remodeled During the 022119 PC workshop staff and the Commission discussed possible options to allow for existing service stations to rebuildremodel and whether or not new service stations should be permitted The PC recommended that a service stations be permitted through a Minor Conditional Use process in the DC zone Staff Recommendation amp Summary of Amended Text Modify the code to allow for Service Stations in the DC zone as a Minor Conditional Use with Special Provisions and include a buffer to limit new Service Stations in the DC core The following is a summary of the related draft text amendments

bull Service stations added as a Minor Conditional Use with Special Provisions (MCUSP) in the DC zone (SDC Table 241)

bull Amendments to the applicable Special Provisions (SDC 2151500 amp 2151600) o Inclusion of a 1000 ft buffer between stations in the DC zone (SDC 2151500(C)(1))

This would effectively limit any new service stations in the downtown Cascade

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 19: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

corridor while allowing for existing service stations to rebuild and opportunities for new service stations along the Barclay alternative route

o Clarify what accessory uses are prohibited (ie drive throughs repair shops etc) (SDC 2151500(C)(2))

o Exempt service station buildings from the frontexterior side yard building setbacks in the underlying (DC) zone and clarify the setbacks specific to service stations (SDC 2151600(C)(3))

Child Care Centers Discussion The current code allows for a Child Care Home (no more than 16 children) as an outright permitted use and a in the Downtown Commercial (DC) zone however a Child Care Center requires a Conditional Use Permit The definitions are as follows

Child Care Center (commercial) ndash Any registered or certified child care facility which is not a family child care home

Child Care Home (residential) ndash Any registered or certified family child care home where child care is offered to for no more than 16 children including children of the provider regardless of full-time or part-time status (ORS 657A)

This means that a commercial Child Care Center regardless of the number of children requires a CU permit in the DC zone but a Child Care Home is permitted outright so long as it is located in a residential structure and meets the state requirements Child Care Centers are typically permitted outright in Commercial zones (based on intensity of the surrounding permitted uses) Staff Recommendation amp Summary of Amended Text Allow Commercial Child Care Centers as an outright permitted use in the DC zone

Electric Car Charging Stations Discussion Electric Car Charging Stations are currently listed as a Conditional Use (SDC Table 241) Car Charing Stations are typically found in parking lots of existing and proposed uses and are relatively innocuous accessory uses Staff Recommendation amp Summary of Amended Text Remove Electric Car Charging Stations as a Conditional Use (SDC Table 241) and allow for electric car charging stations to be permitted as an accessory use

SDC CHAPTER 29 URBAN AREA RESERVE (Minimum Lot Size) Discussion The UAR District specifies a 10-acre minimum lot size but the Comprehensive Plan findings indicate a 25 acre minimum lot size There are no requirements by the State specifying a minimum lot size of UAR parcels when located within City limits However UAR zoning outside the City must be a minimum of ten acres

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 20: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Staff Recommendation amp Summary of Amended Text Staff recommends that the minimum lot size for UAR property inside City limits be amended to 25 acres to synchronize with the adopted Comprehensive Plan finding (SDC Table 292)

SDC CHAPTER 22 RESIDENTIAL SDC CHAPTER 23 MFR AND SDC SECTION 42200 SITE PLAN REVIEW (Shared Residential Amenities)

Discussion The code does not explicitly allow for shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) and it is not clear if a Site Plan application is required for these types of uses and structures In PC workshops the Commission recommended modifications to clarify allowance and review procedures for residential amenities Staff Recommendation amp Summary of Amended Text

bull Modify Residential and MFR Use Tables to explicitly allow for Residential Amenities in residential zones (SDC Table 221 and Table 231)

bull Apply Design Standards to Residential Amenities (SDC 22300(G)(1) and SDC 23300(H)(1)) bull Exempt Residential Amenities from Site Plan review requirements if the amenity was

reviewed and approved through a Master Plan (SDC 42200(B)(5)) SDC SECTION 43 LAND DIVISIONS AND LOT LINE ADJUSTMENTS (Phasing and Final Plat Requirements)

Discussion As currently drafted there is some ambiguity as to the allowable timeframe for phased subdivisions The current code implies the maximum total timeframe for development of a phased subdivision is four (4) years (two years for the first phase and two additional years for all subsequent phases)

Staff Recommendation amp Summary of Amended Text Staff is proposing the following changes to clarify the allowable timeframe for phased subdivisions

bull Clarify the allowable timeframe for a phased subdivision as two (2) years for the first phase two (2) years for each subsequent phase not to exceed six (6) total years unless an extension is granted in accordance with SDC 43400(F)

SDC SECTION 215300 ACCESSORY DWELLING UNIT (ADU) (Owner Occupancy Requirement)

Discussion In Residential zones the property owner (or a member of the property ownerrsquos family) is required to reside in either the primary dwelling unit or ADU Staff is proposing to remove the owner occupancy requirement in order to remove barriers to additional housing options

Staff Recommendation amp Summary of Amended Text Remove owner occupancy requirements for ADUs (SDC 215300(B))

SDC SECTION 2152200 PUBLIC ART Discussion SDC 2152200 requires Planning Commission approval of Public Art Public Art is typically selected through a public process by an art selection committee specifically created to review each individual art project and provide art expertise

Staff Recommendation amp Summary of Amended Text Remove PC approval of Public Art (SDC 2152200)

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 21: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC SECTION 2141000 NORTH SISTERS BUSINESS PARK DISTRICT Discussion The current code references lots 1-19 of the Three Sisters Business Park Portions of the Three Sisters Business Park have been rezoned and replatted (as part of the Clearpine subdivision) after this section of the Development Code was adopted The Three Sisters Business Park only contains 8 lots in the NSBP Staff Recommendation amp Summary of Amended Text Modify the code to reflect the accurate number of lots and number of units allowed in the zone

SDC SECTION 51300 VARIANCES

Discussion The current code allows for Minor Variances as an administrative (staff) review and decision as follows

51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 percent change to the setback standard required in the base land use district up to 10 percent reduction in landscape area or up to a 20 percent difference in sign size

Setbacks in the residential zones are 5rsquo (side) 10rsquo (front and exterior side) and 15rsquo (rear) Front setbacks in the DC zone are a minimum of 5rsquo and maximum of 10rsquo Minor Variances are limited to a maximum of 10 change meaning up to a 6rdquo maximum variance for a reduced side yard and 1rsquo maximum variance for front and exterior side yards These are the most common variance inquiries we receive Staff Recommendation amp Summary of Amended Text Modify SDC 51300 to increase administrative minor variances up to 20

SDC CHAPTER 45 MASTER PLANNED DEVELOPMENTS

Discussion Both SDC Sections 43 and 45 lack specific clarity as to when a Master Plan is required Section 45200 provides that ldquoA Master Planned development shall be used for any property rdquo over a certain size and in certain zones ldquoDevelopmentrdquo does not appear to include land divisions meaning that properties over a certain size that should require a Master Plan could be subdivided to avoid the required Master Plan process Staff Recommendation amp Summary of Amended Text Amend text in Section 45200 to clarify when a Master Plan process is required and to better meet the intent of the code

SDC CHAPTER 41 APPLICATIONS AND REVIEWS

Discussion SDC Chapter 41 lacks clarity on review and appeal procedures for consolidated land use applications Staff Recommendation amp Summary of Amended Text Amend text in Sections 41700 and 41800 to clarify review and appeal procedures

------ End of Summary of Proposed Text Amendments ------

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 22: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

III CONCLUSIONARY FINDINGS

Sisters Development Code (SDC) Chapter 4 Table 41200 lists a code amendment as a Type IV decision regulated by Chapter 47 (Land Use District Map and Text Amendments) Section 47200 states that legislative amendments are policy decisions made by the City Council and shall be reviewed using the Type IV procedure found in SDC Section 41600 and shall conform to SDC section 47600 Transportation Planning Rule compliance (if applicable)

Pursuant to the SDC Section 41600 the City may approve approve with modifications approve with conditions deny the proposed change or recommend an alternative to the code text amendment based on the criteria in SDC 41600E Decision-Making Considerations The following are staffrsquos conclusionary findings for each of the applicable criteria

CHAPTER 47 ndash LAND USE DISTRICT MAP AND TEXT AMENDMENTS 47100 Purpose The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary from time to time to reflect changing community conditions needs and desires to correct mistakes or to address changes in the law Staff Finding Staff finds that this provision does not contain any approval criteria 47200 Legislative Amendments Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable) SDC 41600E Decision-Making Considerations E Decision-Making Considerations The recommendation by the Planning Commission and the

decision by the City Council shall be based on consideration of the following factors

SDC 41600E1 Approval of the request is consistent with applicable Statewide Planning Goals The Sisters Development Code requires all text amendments to comply with the requirements of the Statewide Planning Goals Compliance with the relevant goals is as follows

Goal 1 ndash Citizen Involvement

STAFF FINDING During the text amendment process public notice of the proposal was provided Planning staff mailed and published notice of the proposal and public hearings The City will hold

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 23: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

public hearings before the Planning Commission and City Council These opportunities for public involvement satisfy Goal 1 Furthermore the Planning Commission held workshops on 092018 111518 022119 041819 and 051619 which were open to the public Additionally the City Council held a workshop on 042419 to review the proposed text amendments All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on 060519 at least two weeks prior to the June 20 2019 Planning Commission hearing Staff finds the Text Amendment (TA 19-01) complies with Goal 1 of the Statewide Planning Goals

Goal 2 ndash Land Use Planning

STAFF FINDING The proposed text amendments satisfy this goal because the proposal has been reviewed in accordance with the Citys acknowledged planning review process The proposed text amendments are intended to clarify land use planning processes and provide for more efficient and objective administration of the Development Code Specifically these amendments build upon the existing planning processes and support a factual based decision making framework by clarifying definitions (Chapter 13) and permitted uses in the DC and NSBP zones (Chapter 24 and 214) Clarifying when a Master Plan is required clarifying the allowable timeframe for phased subdivisions removing the requirement for Planning Commission approval for Public Art increasing allowance for administrativeminor variances and clarifying consolidated reviews and appeal procedures Staff finds the Text Amendment (TA 19-01) complies with Goal 2 of the Statewide Planning Goals

Goals 3 and 4 Agricultural and Forest Lands

STAFF FINDING These Goals are not applicable as the proposed text amendments will not have any known impact on either Agricultural or Forest Lands

Goal 5 ndash Natural Resources Scenic and Historic Areas and Open Spaces

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Natural Resources Scenic and Historic Areas and Open Spaces

Goal 6 ndash Air Water and Land Resources Quality

STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on the quality of the air water and land resources

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 24: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 7 ndash Areas Subject to Natural Hazards STAFF FINDING This Goal is not applicable as the proposed text amendments will not have any known impact on Areas Subject to Natural Hazards

Goal 8 ndash Recreational Needs

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to ensure shared residential amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) are permitted in residential zones The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors

Goal 9 ndash Economic Development

STAFF FINDING The proposed text amendments expand on the uses allowed in the Downtown Commercial (DC) zone including allowing for new service stations to be located and existing service stations to be redeveloped as well as child care centers to be located in the DC zone These amendments providing additional opportunities for a variety of economic activities in the DC zone

Goal 10 ndash Housing STAFF FINDING The proposed changes to accessory dwelling units (removing owner occupancy requirements) allows for greater opportunities for housing to be developed

Goal 11 ndash Public Facilities and Services STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to plan for and provide urban services and public facilities They do not inhibit implementation of any acknowledged facility master plan

Goal 12 ndash Transportation

STAFF FINDING The proposed amendments have no impact on the Cityrsquos ability to provide a safe convenient and economic transportation system

Goal 13 ndash Energy Conservation

STAFF FINDING The proposed amendments do not have any significant impacts on energy conservation Proposed changes to Chapter 24 Downtown Commercial District will allow for Electric Car Charging Stations to be permitted outright as an accessory use

Goal 14 ndash Urbanization

STAFF FINDING Proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth inside the urban growth boundaries

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 25: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goals 15 through 19 STAFF FINDING Goals 15 16 17 18 and 19 are not applicable because they only pertain to areas in western Oregon

SDC 41600E2 Approval of the request is consistent with the Comprehensive Plan As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Comprehensive Plan Nonetheless the request is consistent with the Comprehensive Plan and specifically the following Comprehensive Plan goals and policies

Goal 1 Citizen Involvement 14 POLICIES

1 The City of Sisters shall seek out and encourage public participation in all aspects of the City

planning process Tasks ndash

a Planning Commission and City Council meetings shall be held on a regularly scheduled basis

b Planning Commission and City Council meeting agendas shall be publicized in a manner that makes this information widely available

d The City shall use a variety of methods to achieve citizen involvement STAFF FINDINGS As previously stated the Planning Commission and City Council held a number of workshops which were open to the public All workshops provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper at least two weeks prior to the Planning Commission hearing Staff finds that the proposed Text Amendment (TA 19-01) complies with all relevant policies provided within Goal 1 of the Comprehensive Plan

Goal 2 Land Use Planning 24 POLICIES 1 The City of Sisters shall develop land use codes and ordinances that are based on an

adequate factual basis as well as applicable local state and federal regulations Tasks ndash

a Codes and ordinances shall spell out responsibilities for administering and enforcing land use policies

b The City of Sisters Development Code shall be used to facilitate the development process and to implement the land use goals outlined in this Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 26: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

3 As economic and social conditions change it may be appropriate for the City to create new zoning designations that will work to assist the City in meeting the goals and policies of the Comprehensive Plan the requirements of state law and state land use goals

Tasks - a The City shall periodically review the Sisters Development Code to determine whether

the districts set forth therein are adequate to address the goals policies and objectives of the Comprehensive Plan and whether economic and social conditions warrant revision of the district codes or creation of new districts Any application for a code amendment shall address the policies and facts supporting the proposed code amendments

STAFF FINDINGS The proposed text amendments are a result of regular review of the Development Code to ensure the code is adequate to address the goals policies and objectives of the Comprehensive Plan These amendments are needed to clarify existing code language and intent or address areas in the code where weaknesses in process administration and unintentional omissions have been found These changes will help to facilitate objective and factual based land use review processes by providing clear language for review and approval These proposed changes are a result of changing social conditions which helped to identify opportunities to make changes to the Code in a positive manner that will benefit the affected interests in the City Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 2 of the Comprehensive Plan

Goal 8 Recreation Needs

2 Strengthen relationships between the City of Sisters and its partners Tasks -

a Develop partnerships with community and private entities (eg community alliances organizations groups) that have an interest in providing recreation opportunities b Define roles of partners and partnerships to enhance and compliment City recreation services and the parks system c Develop strategies to address system and service gaps

STAFF FINDING The proposed changes related to shared residential amenities (SDC Chapter 22 Residential SDC Chapter 23 MFR and SDC Section 42200) are intended to allow for the development of private recreational amenities (ie swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities) The proposed text amendments will aid in the Cityrsquos ability to satisfy the recreational needs of citizens and visitors Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 8 of the Comprehensive Plan

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 27: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

Goal 10 Housing 104 POLICIES 9 The City shall strengthen efforts to increase supplies of multi-family housing in order to meet the demand for additional multifamily units to provide additional workforce housing and to increase the supplies of rental units

STAFF FINDING The proposed changes to 215300 will allow for Accessory Dwelling Units on all single-family parcels regardless of whether or not the owner lives onsite This allows for development of needed rental housing and an overall greater diversity of housing types

Staff finds that the proposed Text Amendment complies with all relevant policies provided within Goal 10 of the Comprehensive Plan

Goal 14 Urbanization 144 POLICIES 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB

STAFF FINDING The Comprehensive Plan identifies UAR district as a minimum lot size of 25 acres The proposed amendment would create consistency between the Comprehensive Plan and Development Code Additionally the proposed changes to the UAR lot size for lots zoned UAR located within the city limits will help to facilitate developmentredevelopment of these lots in the future better accommodating growth within the UGB SDC 41600E3 The property and affected area is presently provided with adequate public facilities services and transportation networks to support the use or such facilities services and transportation networks are planned to be provided concurrently with the development of the property The applicant shall update City of Sisters Masters Plans for Water Sewer Parks and Transportation Systems subject to City Council approval to reflect impacts of the rezoning on those facilities and long-range plans The applicant must demonstrate that the property and affected area shall be served with adequate public facilities services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users or applicantrsquos proposal to provide concurrently with the development of the property such facilities services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users STAFF FINDINGS The text amendments do not negatively affect public facilities services or transportation networks SDC 41600E4 Compliance with 47600 Transportation Planning Rule (TPR) Compliance

Legislative changes are reviewed to verify compliance with the TPR which is found in Oregon Administrative Rules Division 12 Section 660-012-0060

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 28: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

SDC Section 47600 Transportation Planning Rule Compliance A When a development application includes a proposed comprehensive plan amendment or land use district change the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility in accordance with Oregon Administrative Rule (OAR) 660-012-0060 Significant means the proposal would

1 Change the functional classification of an existing or planned transportation facility This would occur for example when a proposal is projected to cause future traffic to exceed the capacity of ldquocollectorrdquo street classification requiring a change in the classification to an ldquoarterialrdquo street as identified by the Transportation System Plan or

2 Change the standards implementing a functional classification system or

3 Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility

4 The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan

B Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function capacity and level of service of the facility identified in the Transportation System Plan This shall be accomplished by one of the following

1 Limiting allowed land uses to be consistent with the planned function of the transportation facility or

2 Amending the Transportation System Plan to ensure that existing improved or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule or

3 Altering land use designations densities or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation

STAFF FINDINGS The proposed amendments do not change the functional classification of any roadways and do not allow for more intensive development than is presently allowed under this City existing Development Code Accordingly the amendments will have no effect on an existing or planned transportation facility and there is no need for further analysis under the Transportation Planning Rule (TPR)

IV PUBLIC COMMENTS

The Planning Commission held public workshops on 092018 111518 022119 041819 and 051619 to review the proposed text amendments Additionally the City Council held a workshop on 042419 At the workshops public comments were received on the proposed text amendments related to service stations Workshops were held prior to the initiation of a formal Text Amendment Application

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 29: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

CITY OF SISTERS Planning Commission

Title TA 19-01 Hearing Date June 20 2019

All workshops were open to the public and provided opportunities for public comment The Text Amendment (TA 19-01) was noticed in the Nugget Newspaper on June 5 2019 at least two weeks prior to the June 20 2019 Planning Commission hearing From the time of the formal initiation of this staff report to the time of publication of this staff report no written public comments have been received

V COMPOSITION OF THE RECORD The following make up the record in this matter and are contained in file TA 19-01 and are available for review at the City of Sisters City Hall

1 Staff Report 2 DLCD Notice 3 Final Resolution 2019-03

VI EXHIBITS

Exhibit A ndash TA 19-01 Development Code Text Amendment (marked up version) Exhibit B ndash TA 19-01 Development Code Text Amendment (clean version) Exhibit C ndash Planning Commission Resolution 2019-03

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 30: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

EXHIBIT B ndash DEVELOPMENT CODE AMENDMENTS 16564120-010890172

Exhibit B

DEVELOPMENT CODE AMENDMENTS

[attached]

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 31: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated July 25 2013 April 10 2016 September 22 2017 July 28 2018

16564120-010658292 City of Sisters Development Code Chapter 13 Page 1

Chapter 13 mdash Definitions Sections 13100 Meaning of Words Generally 13200 Meaning of Common Words 13300 Meaning of Specific Words and Terms 13100 Meaning of Words Generally All of the terms used in this Development Code have their commonly accepted dictionary meaning unless they are specifically defined in this chapter or the context in which they are used clearly indicates to the contrary Websterrsquos Third New International Dictionary of the English Language Unabridged shall be considered the standard reference 13300 Meaning of Specific Words and Terms As used in this Code the following words and phrases mean Dwelling-related definitions Dwelling unit ndashA single unit providing complete independent living facilities for one or more persons including permanent provisions for living sleeping eating cooking and sanitation and that is lawfully connected to the Cityrsquos municipal water and sewage disposal systems unless exempt as provided by SMC 1340 Manufactured dwelling A residential trailer mobile home or manufactured home each as defined in ORS Chapter 446 Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 32: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 1

Chapter 24 mdash Downtown Commercial (DC) District Sections 24100 Purpose 24200 Uses 24300 Development Standards 24200 Uses A Permitted uses Uses allowed in the Downtown Commercial District are listed in

Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the

Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Downtown Commercial District

with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 241 Use Table for the Downtown Commercial District

Land Use Category PermittedSpecial

ProvisionsConditional Uses Residential

Dwelling(s) located above within or attached to a commercial building not including single family detached dwellings

P SP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Child care home (Care for no more than 16 children)

P

Single family Duplex Townhomes (up to 2 units)

P Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 33: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 2

Land Use Category PermittedSpecial

ProvisionsConditional Uses Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Manufactured Dwelling on an individual lot PSP Type I review process applies to lots fronting Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Triplex Multi-Family Development MCU applies to lots fronting Adams Avenue that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue and only west of Fir Street

Residential facilities PSP Cottage Developments P Ch 46 applies to lots fronting

Adams Avenue and on lots that are located within 114rsquo of Adams Avenue to the south and 256rsquo to the north of Adams Avenue

Commercial Amusement Uses P Artist studio P Assembly Club P Concert Hall P Child Care Center P Electric Car Charging Stations (regardless if accessory)

CU

Gallery P Hotel P Brewery and Distillery MCU Eating and drinking establishments PSee Section 24300K Retail sales establishment P Professional and personal services (dry cleaners barber shopssalons etc)

P

Offices (medical dental professional) P Animal veterinary clinics CU Neighborhood market P Health club (eg gym yoga studio martial arts etc)

P

Small item repair services (eg jewelry small appliances etc)

P

Light manufacture (eg small-scale crafts electronic equipment furniture similar goods) when in conjunction with retail

CU

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 34: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Sep 23 2012 Feb 28 2013 July 25 2013 Apr 10 2014

May 24 2014 Nov 23 2014 April 11 2015 April 10 2016 July 28 2018 July XX 2019

City of Sisters Development Code Chapter 24 Page 3

Land Use Category PermittedSpecial

ProvisionsConditional Uses Theater P Service Stations MCUSP Public and Institutional Community centers and similar uses P Churches and places of worship CU Service clubs lodges etc P Government offices P Museums P Public parking lots and garages P Public parks and recreational facilities P Schools (including child care centers) CU Miscellaneous Accessory uses and structures PSP Adult business P SP Bed and breakfast inn PSP Communication facility CUSP incl height exception Home Occupation PSP Hostel P accessory use to primary permitted

use 25 guest occupancy limit plus staff and 14 day stay limit for each 30

day period Short-term rental PSP

PROHIBITED USES Drive-through facilities motorized vehicle repair uses and sales and outdoor storage except for electric car charging stations (CU)service

stations (MCU) Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 35: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2151500 Service Stations 2151600 Drive-Through Facilities 2151500 Service Stations The following special use standards shall apply to vehicle service stations with pump islands A Minimum lot size The minimum lot size for a service station shall be 12000

square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot

B Required front yard setback A 10-foot landscaped front yard (and side yard

when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access driveways constructed with the minimum width necessary for the use may encroach into this required setback

C Service Stations in the Downtown Commercial (DC) zone

1 Concentration Limits

a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station

b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius

extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property

2 Accessory Uses The following accessory uses for service stations located

in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage

3 Maximum Setbacks and Parking Service stations are exempt from maximum

setback standards and the requirements of SDC 24300(D)(2) D Lighting Lighting fixtures and associated bulbslighting elements installed within

thea fueling island canopy shall not extend below the canopy ceiling

E Other provisions

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
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  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 36: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 2

1 No storage of inoperable automobiles or parts thereof shall be permitted except in enclosed structures

2 Landscape planters shall be used when practical as fuel island bollards to protect gas pumps

3 Pedestrian sidewalk or pathway connection(s) linking the vehicle service station to the street are not required 4 Vehicle service stations shall comply with standards for Drive-Through Facilities in Section 2151600 unless specifically exempted

2151600 Drive-Through Facilities It is the City of Sisters intent and policy to promote and encourage pedestrian use of the city Many events are held within the City of Sisters that are predominately pedestrian based It is the Citys intent to support these events future events the 1880s theme and resident use of the city by promoting pedestrian safety To that end the standards for drive-through facilities are intended to

bull Promote safer and more efficient on-site vehicular and pedestrian circulation

bull Reduce conflicts between vehicles and pedestrians on adjacent streets

bull Reduce conflicts between queued vehicles and traffic circulation on adjacent streets

bull Reduce noise lighting vehicular traffic and visual impacts on abutting uses

A Vehicular access All driveway entrances including stacking lane entrances

must meet vehicular access and circulation standards in Chapter 31 the Transportation System Plan and the Public Works Standards as applicable

B Stacking lane standards The stacking lane is the space occupied by vehicles

queuing for the service to be provided

1 A minimum of four (4) stacking spaces for one lane two (2) stacking spaces per lane for multiple stacking lanes is required (20-feet per stacking space) A stacking lane is measured from the back of the sidewalk to the service area

2 Stacking lanes must be designed so they doto not interfere with on-site pedestrian parking and vehicle circulation

3 Pedestrians must be able to enter the establishment from the sidewalk or on-site parking lot without crossing the stacking lane(s)

4 All stacking lanes must be clearly identified through the use of means such as striping landscaping or directional signs or similar means

5 Drive-through elements (eg stacking lanes queuing lanes order windows pick-up windows) shall not be oriented to a street or corner and shall be primarily oriented to the rear or the side of a lot On except that

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 37: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 3

drive-throughs on a corner lot drive-through elements may be oriented totoward the street with the lower class side street classification This standard is not applicable to service stations

C Setbacks and landscaping All drive-through facilities must provide the setbacks

and landscaping stated below

1 Service areas and stacking lanes must be set back a minimum of 15 feet from all lot lines which abut Residential Districts The 15-foot setback area must be landscaped with a combination of 5 shade trees per 100 lineal feet (deciduous trees capable of at least 25 feet in height and spread at maturity) and 50 evergreen shrubs per 100 lineal feet (capable of at least 8 feet in height at maturity) with the balance of the buffer area devoted to ground cover Additionally a minimum 6-foot masonry sound wall shall be placed along the property line

2 Service areas and stacking lanes must be set back a minimum of 10 feet from all lot lines which abut non-Residential Districts The 10-foot setback area must be landscaped with 40 or more evergreen shrubs per 100 lineal feet with the balance of the buffer area devoted to ground cover A wall or fence may also be required as a condition of site design review for screening or noise protection

3 Service areas and stacking lanes must be set back a minimum of 20 feet

and buffered from adjacent streetsright-of-ways Drive-Through FacilitiesProperties in the Highway Commercial District which abut a state highway shall refer to Table 252 for buffer setbacks Drive-Through Facilities in the Downtown Commercial District are exempt from the maximum setback requirements in Table 241

34 A minimum 10-foot wide landscape area shall be provided along all street frontages

D Compliance with design standards required Drive-through facilities must

comply with all of the development and design standards of the base zone At a minimum the following design elements are required

1 A main entry to the drive-through building if provided must be oriented

to the public street with a direct pedestrian connection from the public street sidewalk to the main entry The pedestrian connection shall be separate from and not crossed by driveway or stacking lanes This standard is not applicable to service stations and other drive-through businesses that do not also serve pedestrians (eg car washes lube services etc)

2 Building massing and roofs shall be designed with multiple features that break down the box with a primary emphasis on windows colors textures and broken roof lines Windows shall be provided on all sides of the building that are visible from a public street or sidewalk Building areas that are not conducive to windows can be fitted with ldquofalse windowsrdquo There shall be a minimum of one dormer or roof offset for

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 38: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

16564120-010658322 City of Sisters Development Code Chapter 215 Page 4

every 40 feet of ridgeline when a pitched roof style is chosen This standard is not applicable to service stations

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 39: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 1

Chapter 29 ndash Urban Area Reserve District (UAR) Sections 29100 Purpose 29200 UsesAnnexation 29300 Uses 29400 Development Standards 29100 Purpose The purpose of the Urban Area Reserve (UAR) District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water sewer and transportation) are available and the land is rezoned for urban uses and densities 29200 Annexation The UAR District will automatically be removed upon annexation to the City and the zoning that implements the Comprehensive Plan designation for the property will apply 29300 Uses A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a

ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the

procedures in Chapter 48 ndash Interpretations

Table 291 Use Table for the Urban Area Reserve District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwellings P Manufactured Home on individual lot P Residential Home PSP Childcare Home P Accessory dwelling on a single family or manufactured dwelling lot

PSP

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 40: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Home occupations PSP Public and Institutional Only the existing churches and places of worship at the time of adoption of the Development Code shall be conditionally permitted (CU) and shall be considered conforming uses

CU

Open space and parks P Schools CU Miscellaneous Accessory uses and structures to a primary use

PSP

Farm uses CU Nursery CU Dude or guest ranch CU Commercial riding stable CU Bed and breakfast inns MCUSP Short-term rental PSP

Key P = Permitted SP= Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 29300400 Development Standards

A The development standards for the UAR District are set forth in Table 292 below and are intended to retain large parcels and setbacks in order to avoid premature or inefficient patterns of development and to protect future street corridors The following property development standards shall apply to all land buildings and uses in the Urban Area Reserve District

Table 292 Development Standards in the Urban Area Reserve District Development Standard Urban Area Reserve

District CommentsOther

Requirements Minimum lot area 2510 acres (outside City

limits) 25 (inside City limits)

-

Minimum lot width at front property line

50 feet -

Front yard setback a Abutting designated

arterial or collector right-of-way

b Abutting designated local street right-of-way

50 feet

20 feet

-

Side and rear yard setbacks

50 feet

-

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 41: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013

16564120-010658332 City of Sisters Development Code Chapter 29 Page 3

a Abutting designated arterial or collector right-of-way

b Abutting designated local street right-of-way

20 feet

Building height 30 feet General exceptions to building height Exceptions

to the building height standard are available for certain types of affordable

housing as set forth in Special Provisions

Chimneys bell towers steeples roof equipment

flagpoles and similar features that are not intended for human

occupancy and which do not exceed 40 feet in

height are not subject to building height limits-

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 42: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 1

Chapter 22 ndash Residential District (R) Sections 22100 Purpose 22200 Uses 22300 Development Standards 22400 Pine Meadow Village Residential Single Family Sub-District (R-PMV) 22100 Purpose The Residential District is intended to promote the livability stability and improvement of neighborhoods in the City of Sisters This chapter provides standards for the orderly development and improvement of neighborhoods based on the following principles

bull Make efficient use of land and public services accommodate a range of housing types consistent with the Comprehensive Plan and provide minimum and maximum density standards for land divisions

bull Provide for compatible building and site design at an appropriate neighborhood

scale which includes public security and fire protection

bull Reduce reliance on the automobile for neighborhood travel and provide options for walking and bicycling Provide direct and convenient access to schools parks and neighborhood services

bull Maintain and enhance the Cityrsquos historic and natural characteristics

22200 Uses A Permitted uses Uses permitted in the Residential District are listed in Table 221

with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 43: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 2

Table 221 Use Table for the Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on individual lot PSP Manufactured Dwelling Park PSP Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) SP MCU Duplex dwelling MCU Residential Home PSP Cottage Development P Ch 46 Manufactured dwelling parks PSP Child care home (Care for no more than 16 children)

P

Home occupation PSP Commercial Childcare center (17 or more children) CU Public and Institutional Churches and places of worship CU Clubs lodges CU Libraries museums community centers CU Utility Facility CU Parks P Recreational facilities CU Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn SP MCU Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP=Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use Permit 22300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Residential District

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 44: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 Nov 30 2015 April 10 2016

16564120-010658352 City of Sisters Development Code Chapter 22 Page 3

G Design Standards

1 Applicability The design standards are applicable to the following types of uses and buildings in the Residential District

a Single-Family Detached Dwelling Units b Duplexes and triplex dwellings c Attached dwelling (townhome) d Public and institutional buildings e Manufactured dwellings f Buildings for shared residential amenities

2 Base Standards This section is intended to show examples of how to comply with

the design standards Other building styles and designs can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building Orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Eyes on the Street All building elevations visible from a street right-of-way

shall provide doors porches balconies andor windows The standard applies to each full and partial building story

c Detailed Design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations 1 Dormers 2 Gables 3 Recessed entries 4 Covered porch entries 5 Cupolas or towers 6 Pillars or posts 7 Eaves (minimum 6-inch projection) 8 Off-sets in building face or roof (minimum 16 inches) 9 Window trim 10 Bay or oriel windows 11 Balconies 12 Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) 13 Decorative cornices and roof lines (eg for flat roofs) 14 An alternative feature providing visual relief and detail similar to options 1-

13 above

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 45: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 1

Chapter 23 ndashMulti-Family Residential District (MFR) Sections 23100 Purpose 23200 Uses 23300 Development Standards 23100 Purpose The Multi-Family Residential District is intended to accommodate a range of housing types and lot sizes and to make efficient use of land and public facilities by establishing minimum and maximum density standards for housing Multi-Family Residential District design standards ensure compatible building and site design at an appropriate neighborhood scale 23200 Uses A Permitted uses Uses permitted in the Multi-Family Residential District are listed

in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code

B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comply with the applicable special use standards included in Chapter 215

C Conditional uses Uses that are allowed in the Multi-Family Residential District

with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedures for approval of a conditional use set forth in Chapter 44 of this Code

D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations

Table 231 Use Table for the Multi-Family Residential District Land Use Category PermittedSpecial

ProvisionsConditional Use Residential Single family detached dwelling P Manufactured dwelling on an individual lot

PSP

Accessory dwelling on a single family or manufactured dwelling lot

PSP

Zero lot line dwelling PSP Attached dwelling (townhome) PSP Duplex and triplex dwellings P Multi-family development (4 + units) P

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 46: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 2

Land Use Category PermittedSpecial ProvisionsConditional Use

Manufactured dwelling park PSP Residential homeResidential facility PSP Cottage Development P Ch 46 Family child care (Care for no more than 16 children)

P

Home occupation PSP Multifamily developments with a density of greater than 15 gross units per acre up to 20 gross units per acre

MCU

Commercial Child care center (more than 16 children)

CU

Public and Institutional Churches and places of worship CU Libraries and museums CU Utilities Facility CU Parks recreational facilities and community centers

CU

Schools CU Miscellaneous Accessory uses and structures PSP Bed and breakfast inn PSP Shared residential amenities (eg swimming pool clubhouse play equipment picnic area gazebo barbecue area and court-game facilities)

P

Short-term rental PSP Key P = Permitted SP = Special Provisions MCU = Minor Conditional Use Permit CU = Conditional Use 23300 Development Standards

The following property development standards shall apply to all land buildings and uses in the Multi-Family Residential District

H Design Standards The following design standards are intended to provide detailed pedestrian-oriented design while affording flexibility to use a variety of building styles

1 Applicability The design standards are applicable to the following types of uses

and buildings in the Multi-Family Residential District

a Single-Family Detached Dwelling Units b Duplex and triplex dwellings

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 47: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013 Nov 23 2014 April 10 2016 July 28 2018

16564120-010658372 City of Sisters Development Code Chapter 23 Page 3

c Town home d Multi-family development e Public and institutional buildings f Manufactured dwellings g Buildings for shared residential amenities

2 Base standards The figures in this section are intended to show examples of how to comply with the design standards Other building styles and design can be used to comply so long as they are consistent with the text of the standard An architectural feature may be used to comply with more than one standard

a Building orientation All buildings shall have their primary entrance oriented to

the street or a common area (private street courtyard or open space) If oriented to a common area the development shall provide a pedestrian sidewalk or pathway connecting the building entrance to the street

b Location of off-street parking Off-street parking areas shall not be placed

between the primary building facades and streets for multi-family public and institutional and neighborhood commercial buildings Alley access is required where existing alleys are available or can be extended to serve new development Alley access is recommended for all uses unless it is not feasible because of existing development patterns or topography

3 Eyes on the street All building elevations visible from a street right-of-way shall

provide doors porches balconies andor windows The standard applies to each full and partial building story

4 Detailed design All buildings included in the applicability section shall provide

detailed design along all elevations (eg front rear and sides) Detailed design requires use of at least five of the following architectural features on all front and exterior side (corner lot) elevations and at least three of the following architectural features on all interior and rear yard elevations as appropriate for the building type and style Architectural features shall be varied on the different building elevations a Dormers b Gables c Recessed entries d Covered porch entries e Cupolas or towers f Pillars or posts g Eaves (minimum 6-inch projection) h Off-sets in building face or roof (minimum 16 inches) i Window trim j Bay or oriel windows k Balconies l Decorative patterns on exterior finishes (eg scalesshingles wainscoting

ornamentation and similar features) m Decorative cornices and roof lines (eg for flat roofs) n An alternative feature providing visual relief and detail similar to options a-m

above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 48: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 1

Chapter 42 - Site Plan Review

42200 Applicability A AnyUnless exempt any new development structure building or substantial

alteration of an existing structure or use shall require Site Plan Review in

accordance with Chapter 41 and 42 For the purposes of this Chapter the

term substantial alteration shall mean any development as defined by this

Code that generally requires a building permit and may exhibit one or more of

the following characteristics

1 The activity structurally alters the exterior of a structure building or property

by more than 25 of the existing floor area up to an area not to exceed 500

square feet of additional area or both Construction not requiring public

improvements may be exempted from this requirement upon staff

determinationor 500 square feet whichever is less

2 The activity involves changes in the use of a structure building or property

from residential to commercial or industrial

3 The activity involves non-conforming uses as defined in Chapter 52

B Exemptions from site plan review are as follows

1 Exterior elevation alterations that do not increase the square footage of the

existing structuresrsquo interior

2 Interior work which does not alter the exterior of the structure or affect

parking standards by increasing floor area

3 Regular building maintenance including the repair or maintenance of

structural members (eg roof siding paint awnings etc) parking

resurfacing

4 All residential development except multi-family and group residential

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 49: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 2

5 Shared residential amenities(eg swimming pool clubhouse play

equipment picnic area gazebo barbecue area and court-game facilities)

approved through a master planned development

56 Manufactured homes on individual lots

67 Child Care Home

78 Home occupation or

89 Residential accessory structures and accessory dwelling units

910 Other Accessory structures 200 square feet or less

1011 Landscaping fences and similar developmentsstructures

12 Notwithstanding anything in the Development Code to the contrary

development not requiring public improvements may be exempt at the discretion

of the Community Development Director

42700 Approval Period Expiration and Extension

BC Phased Development Phasing of development may be approved with

the Site Plan Review application The City at its discretion may approve a time

schedule for developing a site in phases Any such approval shall be subject to

the following standards and procedures

1 1 Approval Procedures and Durations

a a A phasing plan shall be submitted with the Site Plan Review

application

b b The Community Development Director or designee shall may

approve a time schedule for developing a site in phases but in no case

shall the total time period for all phases be greater than 2 years from the

original date of approval that the decision became final for the first phase

and 2 additional or 4 years from the original date of approvalthe decision

became final for all subsequent phases without reapplying for site plan

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 50: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 3

reviewthe final phase unless an extension is granted under SDC

42700(C)(2)

c c Approval of a phased site plan review proposal requires satisfaction

of all of the following criteria

i i The public facilities required to serve each phase are

constructed in conjunction with or prior to each phase

ii ii The development and occupancy of any phase dependent on

the use of temporary public facilities shall require City Council

approval Temporary facilities shall be approved only upon City

receipt of bonding or other assurances to cover the cost of required

public improvements in accordance with Section 424 42800 A

temporary public facility is any facility not constructed to the applicable

City or district standard subject to review by the Public Works Director

or designee

iii iii The phased development shall not result in requiring the City

or other property owners to construct public facilities that were

required as part of the approved development proposal and

iv An application for phasing may be approved after Site Plan

Review approval as a modification to the approved plan in

accordance with the procedures for minor modifications (Chapter

46Section 42600 ndash Modifications)

iv

2 2 Extensions

a a The Community Development Director or designee may upon

written request by the applicant prior to the expiration date grant a single

(not one per phase for a phased development) one-year extension per

project to any approval provided that

i i No changes are made on the original approved site plan

ii ii The applicant can show intentgood faith efforts have been made

towards completion of initiating construction on the site within the

extension periodproject or the applicable phase prior to the expiration

date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 51: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 4

iii iii There have been no changes to the applicable Development

Code provisions Public Works Construction Standards or other

applicable criteria on which the approval was based If there have

been changes to the applicable Code provisions and the expired plan

does not comply with those changes then the extension shall not be

granted in this case and a new site plan review shall be required

The applicant demonstrates that failure to obtain building permits unless

the development can in the discretion of the Community

Development Director be modified to comply with all current standards

and substantially begin construction within two years of site plan

approval was beyond the applicantrsquos controlthe Community

Development Director adds conditions of approval to ensure

compliance

iv

b b Additional Extension by Original Decision-Making Body Upon

written request by the applicant prior to the expiration date of the

extension granted by the Community Development Director the original

decision-making body may or may not grant a single (not one per phase

for phased developments) additional one-year extension at their

discretion subject to SDC 42700(C)(2)(a) In no case however shall

extensions combined with original approval durations exceed four years

for single phased development and six years from the original approval

date for subsequent phases within a multiple-phased development

c Extensions for Phased Developments If an extension is granted for a

phased development the extension extends the current phase and all

subsequent phases by the length of the extension

3 Additional Approval Time Extension Notwithstanding Sections A B and C

above all City Site Plan Review approvals including approvals for which the

City has granted an extension of time that were due to expire on or after

December 31 2014 are hereby automatically and exceptionally extended to

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 52: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 November 14 2016

16564120-010658212 City of Sisters Development Code Chapter 42 Page 5

June 30 2015 Site Plan Review approvals that were approved after January

1 2015 shall comply with Sections A B and C above Approvals that have

been automatically extended by this regulation may apply for an additional

extension of time in accordance with Sections B and C above

3

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 53: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 1

Chapter 43 - Land Divisions and Lot Line Adjustments Sections 43100 Purpose 43200 General Requirements 43300 Infill Development Options

43400 Approval Process

A Subdivision and Partition Approval through Two-step Process Applications for

subdivision or partition approval shall be processed through a two-step process the preliminary plat and the final plat

1 The preliminary plat shall be approved before the final plat can be submitted

for consideration and approval and 2 The final plat shall include all conditions of approval of the preliminary plat

B Review of Preliminary Plat Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure as governed by Chapter 41400 Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 41500 All preliminary plats shall be reviewed using approval criteria contained in Section 43600

C Review of Final Plat Review of a final plat for a subdivision or partition shall be

processed as a Type I procedure under Chapter 41300 using the approval criteria in Section 43700

D Preliminary Plat Approval Period ndash Single Phased Development Preliminary plat

approval shall be effective for a period of two (2) years from the date ofthe approval (the date it is mailed by the City) becomes final for single-phased land divisions The preliminary plat approval shall lapse if a complete final plat application has not been submitted within a 2-year periodprior to the expiration date

E Preliminary Plat Approval Period ndash Multi Phased DevelopmentSubdivision

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the actual construction time period (ie for required public improvements utilities streets) for any partition or subdivision phase be greater than two years for the first initial phase and up to two additional years for all subsequent phases from the original approval date without reapplying for a preliminary plat The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 54: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 2

the approval expires Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

1 The City at its discretion may approve a time schedule for developing a

subdivision in phases but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 43400(F) The Community Development Director shall determine whether the approval whether for the entire subdivision or any particular phase has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires Such a determination will be made through either a Type II decision or at the discretion of the Community Development Director a Type III decision before the Planning Commission Significant infrastructure includes but is not limited to site grading streets water sewer power and communications services construction sufficient in terms of time labor andor money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval

2 The criteria for approving a phased land division proposal are

a Public facilities shall be constructed in conjunction with or prior to each phase

b The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements in accordance with Section 43800 A temporary public facility is any facility not constructed to the applicable City or district standard

c The phased developmentsubdivision shall not result in requiring the City or a third party (eg owners of lots) to construct public facilities that were required as part of the approved development proposalpreliminary plat and

d The application A request for a phased development approvalland division shall be reviewed concurrently withmade as part of the preliminary plat application and the decision may be appealed in the same manner as the preliminary platfor a phased subdivision

F Extensions

1 The Community Development Director or designee may upon written request by the applicant and payment of the required fee prior to expiration of thean approval period grant a total of one extension of the approval period not to exceedfor one year from the applicable expiration date per project provided that

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 55: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 3

a The applicant has submitted written intent to file a final plat withincan

show good faith efforts have been made towards platting the one-year extension periodapplicable land division

b For a phased development only a single one-year extension is permitted (not one per phase) If granted the issuance of the extension extends the current phase and all subsequent phases by an additional year

c An extension of time will not prevent the lawful development of abutting properties

d There have been no changes to the applicable Development Code provisions Public Works Construction Standards or other applicable criteria on which the approval was based If there have been changes then the extension will not be granted and a new application shall be required unless the land division can in the discretion of the Community Development Director or designee finds that the applicable Code provisions have changed the be modified to comply with all current standards and the community Development Director may addadds conditions of approval to the land division to bring the land division intoensure compliance with all current standards and ordinances If conditions have substantially changed the Director shall direct the applicant to refile the application for a new land division and

e The extension request is made before expiration of the original approved plan

2 Additional Extension by Original Decision-Making Body The original

decision-making body may upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director grant a single additional one-year extension at their discretion If applicable Code provisions have changed the original decision-making body may add conditions of approval to the land division to bring the land division into compliance with all current standards and ordinances If conditions have changed substantially the decision-making body shall direct the applicant to refile the application for a new land divisionper SDC 44300(F)(1)

3 Through the Type III application process the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification

G Additional Approval Time Extension Notwithstanding Sections D E and F

above all City Subdivision and Partition approvals including approvals for which the City has granted an extension of time that were due to expire on or after December 31 2014 are hereby automatically and exceptionally extended to June 30 2015 Subdivision and Partition approvals that were approved after January 1 2015 shall comply with Sections D E and F above Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D E and F above

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 56: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 Sept 22 2017

16564120-010658222 City of Sisters Development Code Chapter 43 Page 4

43700 Final Plat Submission Requirements and Approval Criteria A Submission Requirements Final plats shall be reviewed and approved by the

City prior to recording with Deschutes County The applicant shall submit thea complete final plat within two years of the approvalapplication prior to the applicable expiration date of the preliminary plat as provided by Section 43400 Specific information about the format and size of the plat number of copies and other detailed information can be obtained from the Community Development Director or designeeapproval

B Approval Criteria By means of a Type I procedure the Community Development

Director or designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria

43900 Filing and Recording A Filing plat with County Within 60 days of the City approval of the final plat the

applicant shall submit the final plat to Deschutes County for signatures of County officials as required by ORS Chapter 92

B Proof of recording Prior to issuance of building permits for the newly-created lots

the applicant shall submit to the City a mylar copy a paper copy and an electronic copy of all sheets of the recorded final plat Upon final recording with the County the applicant shall submit to the City a mylar copy 3 paper copies of all sheets of the recorded final plat This shall occur prior to the issuance of building permits for the newly-created lots

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 57: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 215300 Accessory Dwelling 215300 Accessory Dwelling Unit (ADU) Accessory dwellings are subject to a Type I review and are subject to the development standards of the underlying land use district In addition accessory dwellings shall comply with all of the following A Oregon Structural Specialty Code The ADU complies with the Oregon

Structural Specialty Code B Owner-occupied Except when located in the DC or MFR zone the primary

residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family

CB Number of units A maximum of one (1) ADU is allowed per lot DC Floor area The maximum living area of the accessory dwelling unit shall not

exceed eight hundred (800) square feet ED The ADU may be a detached unit a unit attached to a garage or a converted

portion of the primary dwelling unit

FE Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district

GF Parking One additional parking space for the ADU shall be provided on-site

and shall meet all applicable parking standards HG Compatibility standards for ADUs The exterior finish materials roof pitch trim

window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the primary dwelling on the lot

IH Lighted Entrance The entrance of an ADU shall be constructed with an exterior

light that complies with the Dark Skies standards in SDC 2152400 JI Addressing Each ADU shall be identified with house numbers which shall be

located in such a manner as to be visible from the street K Each property containing an ADU shall have at least one water and sewer

lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 58: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 2

existing service line size is adequate If the size (diameter) of the existing water or sewer lateral line is determined by the developerrsquos Engineer to not be adequate for the proposed use then it shall be the property ownerrsquos responsibility to install an additional or larger service line from the city main line to the property line

J

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 59: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated Feb 28 2013 July 25 2013 April 10 2014 Nov 23 2014

City of Sisters Development Code Chapter 215 Page 1

Chapter 215 ndash Special Provisions Sections 2152200 Public Art 2152200 Public Art

All sculpture and visual art shall incorporate themes related to Sisters western heritage culture recreation natural surroundings wildlife history and educational opportunities These themes can be interpreted by a wide range of artistic styles ranging from traditional to contemporary Such displays shall be subject to Planning Commission approval

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 60: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters Updated May 12 2012 Sept 23 2012 July 25 2013 April 11 2015 June 15 2015 July 28 2018

City of Sisters Development Code Chapter 214 Page 1

Chapter 214 ndash North Sisters Business Park (NSBP) District Sections 214100 214200 214300 214400 214500 214600 214700 214800 214900 2141000 214100 Purpose 2141000 Special Standards for Certain Uses A Loft Apartments Loft apartments are a residential use accessory to the primary light industrial or commercial use in the North Sisters Business Park district As such they are subject to the following standards to protect the long-term viability of the economic uses while establishing a safe and habitable dwelling unit 1 A loft apartment unit is a dwelling unit on the second story above a light industrial or

commercial use 2 A maximum of 4 loft apartment units shall be permitted per lot 3 Separate ingressegress shall be provided for the loft apartments and other

entrances (emergency) shall be provided as required by applicable building codes 4 A maximum of 60 total loft apartment units shall be permitted in the North Sisters

Business Park district component of the Sun Ranch Mixed Use Community This includes lots 1-20 of the Sun Ranch Phase 1 subdivision

5 A maximum of 57 24 total loft apartment units shall be permitted in the North Sisters Business Park district component of the Three Sisters Business Park lots 1-198

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 61: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters May 12 2012 Updated June 15 2015

City of Sisters Development Code Chapter 51 Page 1

Chapter 51 - Variances Sections 51100 Purpose 51200 Exceptions 51300 Minor Variance 51400 Major Variance 51500 Approval Criteria 51600 Approval Period Extensions and Appeals 51700 Amendment to a Variance 51800 Mapping 51100 Purpose 51300 Minor Variance The following types of minor variances shall be processed using a Type II procedure as governed by Chapter 41 and using the approval criteria in Section 51500 Minor Variances are limited to lot setbacks landscaping tree preservation or sign standards including up to a 10 20 percent change to the setback standard required in the base land use district up to 10 20 percent reduction in landscape area or up to a 20 percent difference in sign size

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 62: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

City of Sisters Updated May 12 2012 Dec 15 2013 Dec 31 2014 June 15 2015 Sept 22 2017 Jul 28 2018

16564120-010658302 City of Sisters Development Code Chapter 45 Page 1

Chapter 45 ndash Master Planned Developments Sections 45100 Purpose 45200 Applicability and Uses 45300 Review and Approvals Process 45400 Property Development Standards 45500 Master Plan Submittal Requirements 45600 Comprehensive Sign Plan 45700 Master Plan Approval Criteria 45800 Approval Durations Extensions and Amendments 45200 Applicability and Uses A Applicability The Master Planned development designation may be combined with any of

the Cityrsquos land use districts An applicant may develop a project as a Master Planned Development A Master Planned development shall be required prior to subdividing partitioning or developing used for any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family Industrial or the Commercial Districts and for all Major Retail Developments

B Uses

1 Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts Master Plans are encouraged to have a mix of residential uses

2 MP in other Districts shall have a mix of appropriate uses in accordance with the

underlying zoning district

3 Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20 of the gross area of the MP SaidSuch use(s) shall be considered to be a conditional use and may be approved subject to compliance with the conditional use permit criteria in Chapter 44

C Accessory Uses Accessory uses such as laundry rooms recreational vehicle storage

areas storage and maintenance facilities and similar uses may be permitted All accessory buildingsuses shall be approved per the Master Plan

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 63: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

16564120-01066193116564120-010661932

Chapter 41 ndash Types of Applications and Review Procedures

Sections

41100 Purpose

41200 Description of PermitDecision-Making Procedures

41300 Type I Procedure (Ministerial)

41400 Type II Procedure (Administrative)

41500 Type III Procedure (Quasi-Judicial)

41600 Type IV Procedure (Legislative)

41700 General Provisions

41800 Appeals

41900 Special Procedures

411000 Neighborhood Meetings

hellip

41700 General Provisions

A Application Requirements

Acceptance of any application is subject to Section 14800 All applications shall

1 Include the information requested on the application form The Community Development

Director is authorized to adopt and revise from time to time application forms and the

submittal requirements for particular applications

hellip

7 Type III If an Agency the Community Development Director determines an impact study is required

the applicant shall include an impact study for Type III applications The impact study shall

quantifyassess the effect of the development on public facilities and services The Agency Community

Development Director will determine which aspects of the impact study shall be addressed which may

include the transportation system including pedestrian ways and bikeways the drainage system the

parks system the water system the sewer system and the noise impacts of the development For each

public facility system and type of impact the study shall propose improvements necessary to meet City

standards and to minimize the impact of the development on the public at large public facilities systems

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 64: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

16564120-01066193116564120-010661932

and affected private property users In situations where this Development Code requires the dedication of

real property to the City the City shall either (1) include in the written decision evidence that shows that

the required property dedication is roughly proportional to the projected impacts of the development on

public facilities and services or (2) delete the dedication as a condition of approval and

hellip

E Applications

2 Consolidation of proceedings When an applicant applies for more than one type of land use or

development permit (eg Type II Zone Change and IIISite Plan) for the same one or more parcels

of land the proceedings shall be consolidated for review and decision

a If more than one approval authority would be required to decide on the applications if

submitted separately then the decision shall be made by the approval authority having

original jurisdiction over one of the applications in the following order of preference the

Council the Commission or the Community Development Director

b When proceedings are consolidated

1 The notice shall identify each application to be decided

2 The decision on a plan map amendment shall precede the decision on a proposed

land use district change and other decisions on a proposed development Similarly the

decision on a zone map amendment shall precede the decision on a proposed

development and other actions and

3 Separate findings and decisions shall be made on each application

c If one of the applications in a consolidated proceeding requires final approval from the

City Council then the entire application shall require final approval from the City Council

41800 Appeals

hellip

H Appeal Authority Decision

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 65: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee

16564120-01066193116564120-010661932

hellip

2 Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing

body The appeal authority shall render its decision no later than thirty (30) days from the date at

which review was made Decision Findings of Fact and Resolution shall be prepared in

accordance with Chapter 4

  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support
Page 66: Code. - Home Page | City of Sisters Oregon...tax trustee with each installment unless the transient pays the entire rent amount with a single installment. (2) The local tax trustee
  • 072419 Agenda
  • 072419 IGA CO Reg Collaborative
  • 072419-Amending Transient Room Tax Code
  • 072419 Minutes
  • 072419 AP
  • 072419 Sheriff Report
  • 072419 ORD 397
    • AIS 072419 TA 19-01 CC Public Hearing
      • 51300 Minor Variance
      • Attachment
        • 072419 ORD 497 (TA 19-01)
          • ORD 497 Exhibit A - PC Resolution 2019-03 (TA 19-01) with PC staff reportpdf
            • PC Resolution 2019-03 (TA 19-01)
            • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
              • FINAL_AIS_TA 19-01 for 062019 PC Public Hearing
                • I BACKGROUND
                  • 51300 Minor Variance
                    • 47100 Purpose
                    • The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map These amendments will be referred to as ldquomap and text amendmentsrdquo Amendments may be necessary
                    • 47200 Legislative Amendments
                    • Legislative amendments are policy decisions made by City Council They are reviewed using the Type IV procedure in Chapter 41 Section 600 and shall conform to Section 47600 as applicable
                    • Staff Finding The proposal is for a text amendment which is a legislative amendment therefore it is being reviewed using the Type IV procedure in Chapter 41 Section 600 and is required to conform to Section 47600 (as applicable)
                    • As previously discussed the Sisters Development Code implements the goals policies and objectives of the Comprehensive Plan The proposal has been reviewed for compliance with the Development Code and is therefore consistent with the Sisters Compreh
                    • Goal 2 Land Use Planning
                      • 144 POLICIES
                      • 1 The City shall promote development within the UGB to minimize the cost of providing public services and infrastructure and to protect resource land outside the UGB
                        • IV PUBLIC COMMENTS
                        • 1 Staff Report
                        • 2 DLCD Notice
                        • 3 Final Resolution 2019-03
                          • ORD 497 Exhibit B - TA 19-01 Final Marked Drafts (combined)pdf
                            • (0) Chapter 13 Definitions 072718 (01065829-2xB6300)
                            • (1) Chapter 24 Downtown Commercial District 072718
                              • A Permitted uses Uses allowed in the Downtown Commercial District are listed in Table 241 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Downtown Commercial District subject to special provisions for that particular use are listed in Table 241 with an ldquoSPrdquo Uses subject to an SP shall comply with
                              • C Conditional uses Uses that are allowed in the Downtown Commercial District with approval of a conditional use permit are listed in Table 241 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the c
                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                • (1)a Chapter 2151500-1600 Service Stations Drive Throughs
                                  • A Minimum lot size The minimum lot size for a service station shall be 12000 square feet with a minimum street frontage of 100 feet on a street corner and 120 feet on an interior lot
                                  • B Required front yard setback A 10-foot landscaped front yard (and side yard when facing a street) setback from the property line is required Landscaping shall be a minimum of three (3) feet in height within the 10 -foot setback area Only access
                                  • C Service Stations in the Downtown Commercial (DC) zone
                                  • 1 Concentration Limits
                                  • a A service station cannot be approved on a property in the DC Zone that is within 1000 feet of another property zoned DC that contains an existing service station
                                  • b ldquoWithin 1000 feetrdquo means a straight-line measurement in a radius extending for 1000 feet or less in every direction from the closest point on the property line of the subject property to the closest point on the property line of the other property
                                  • 2 Accessory Uses The following accessory uses for service stations located in the DC zone are prohibited Drive-through facilities motorized vehicle repair uses and sales and outdoor storage
                                  • 3 Maximum Setbacks and Parking Service stations are exempt from maximum setback standards and the requirements of SDC 24300(D)(2)
                                  • D Lighting Lighting fixtures and associated bulbslighting elements installed within thea fueling island canopy shall not extend below the canopy ceiling
                                  • E Other provisions
                                    • (2) Chapter 29 UAR Districts
                                      • A Permitted uses Uses allowed in the UAR District are listed in Table 291 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                      • B Special Provisions Uses that are either permitted or conditionally permitted in the Urban Area Reserve District subject to special provisions for that particular use are listed in Table 291 with an ldquoSPrdquo Uses subject to an SP shall comply with
                                      • C Conditional uses Uses that are allowed in the UAR District with approval of a conditional use permit are listed in Table 291 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria and proc
                                      • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                        • (4)(a) Chapter 22 Residential District
                                          • A Permitted uses Uses permitted in the Residential District are listed in Table 221 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                          • B Special Provisions Uses that are either permitted or conditionally permitted in the Residential District subject to special provisions for that particular use are listed in Table 221 with an ldquoSPrdquo Uses subject to an SP shall comply with the app
                                          • C Conditional uses Uses that are allowed in the Residential District with approval of a conditional use permit are listed in Table 22-1 with either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use ldquoCUrdquo These uses must comply with the criteria
                                          • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                            • (4)(b) Chapter 23 Multi-Family Residential District
                                              • A Permitted uses Uses permitted in the Multi-Family Residential District are listed in Table 231 with a ldquoPrdquo These uses are allowed if they comply with the development standards and other regulations of this Code
                                              • B Special Provisions Uses that are either permitted or conditionally permitted in the Multi-Family Residential District subject to special provisions for that particular use are listed in Table 231 with an ldquoSPrdquo Uses subject to an SP shall comp
                                              • C Conditional uses Uses that are allowed in the Multi-Family Residential District with approval of either a Minor Conditional Use ldquoMCUrdquo or a Conditional Use Permit ldquoCUrdquo as listed in Table 231 These uses must comply with the criteria and procedu
                                              • D Similar uses Similar use determinations shall be made in conformance with the procedures in Chapter 48 ndash Interpretations
                                                • (4)(c) Chapter 42 SPR
                                                  • 42700 Approval Period Expiration and Extension
                                                    • (5) Chapter 43 Land Divisions
                                                    • (6) Chapter 215300 Special Provisions_ADUs
                                                      • A Oregon Structural Specialty Code The ADU complies with the Oregon Structural Specialty Code
                                                      • A Owner-occupied Except when located in the DC or MFR zone the primary residence or ADU shall be owner-occupied or occupied by a member of the ownerrsquos family
                                                      • B Number of units A maximum of one (1) ADU is allowed per lot
                                                      • C Floor area The maximum living area of the accessory dwelling unit shall not exceed eight hundred (800) square feet
                                                      • D The ADU may be a detached unit a unit attached to a garage or a converted portion of the primary dwelling unit
                                                      • E Setbacks Height and lot coverage All ADUs shall meet the minimum setbacks height requirements and lot coverage standards of the underlying land use district
                                                      • F Parking One additional parking space for the ADU shall be provided on-site and shall meet all applicable parking standards
                                                      • G Compatibility standards for ADUs The exterior finish materials roof pitch trim window proportion and orientation and eaves for the accessory dwelling must be the same or visually match in type size and placement the exterior details of the
                                                      • H Lighted Entrance The entrance of an ADU shall be constructed with an exterior light that complies with the Dark Skies standards in SDC 2152400
                                                      • I Addressing Each ADU shall be identified with house numbers which shall be located in such a manner as to be visible from the street
                                                      • A Each property containing an ADU shall have at least one water and sewer lateral from the city main line to the property line which can be split to accommodate the additional meter and sewer service for the ADU if the existing service line size is a
                                                      • J
                                                        • (7) Chapter 2152200 Special Provisions_Public Art
                                                        • (8) Chapter 214 North Sisters Business Park 0 072718
                                                        • (9) Chapter 51 Variance 061515
                                                        • (10) Chapter 45 Master Plan
                                                        • (11) Chapter 41 compare (01066196xB6300)
                                                          • 072419 Res 2019-13
                                                          • 072419 Ground Lease
                                                          • 072419 BLJ First Extension to PSA
                                                          • 072419 TRL Letter of Support