Image provided by: Morrow County Museum; Heppner, OR
About Heppner gazette-times. (Heppner, Or.) 1925-current | View Entire Issue (March 24, 1966)
Hcrmi GAirrn: times, rtwwiar. Hank ti. iu xowma ORDiwAjfcr Morrow County. Or?0 AN ORDINANCE mtabltshtno xomwa REGULATIONS TOB PORTIONS or MORROW COUNTY. OREGON The County of Morrow, Oregon, ordains a follow Section 1. Tttl. This ordinance ahull be known as the "zoning ordinance" of Morrow County. Section 2. Purpose. The sev eral purposes of thla ordinance are: to encourage the orderly growth of the county; to pro mote appropriate use of land to conserve and stabilize the value of property; to aid tn the rendering of fire and poller pro tection; to provide adequate Hcht and air; to lessen conges tlon; to prevent undue conoen tration of population; to factil tate adequate provision for community facilnlea auch as water aupply and sewerage; to urotect and enhance the appear anew of the countrywide; and In general to promote the public health, safety, convenience, and general welfare. Section 3. Definitions. As ued In this ordinance the masculine Includes the feminine and neu ter and the singular Includes the plural. The following words and phrases, unless the context otherwise requires, shall mean (1) Accessory structure or use. A structure or use Incidental and subordinate to the main use of the property, and which is located on the same lot witn the main use. (2) Building. A structure built for the support, shelter, or en closure of persons, animals, chattels, or property of any kind. (31 County. The County of Morrow. Oregon. (4) Dwelling Unit One or more rooms designed for occu pancy by one family and not having more than one cooking facility. In this ordinance the term "dwelling unit' does not include "trailer house." (5) Family. An individual, or two or more persons related by blood, marriage, legal adoption, or guardianship living together in a dwelling unit in which board and lodging may also be provided for not more than four additional persons, exclud ing servants; or a group of not more than five persons who need not be related by blood, marriage, legal adoption, or guardianship living together in a dwelling unit lot lines, ordinarily measured parallel to the front lot line. (211 Nonconforming structure or uie. A lawful existing struc ture or use at the time this or dinance or any amendment thereto becomes effective htch does not conform to the require merits of the lone In which It la located. (221 Parking space. A rec tangle nt lews than 20 feet long and S feet wide together with maneuvering and access apace required fir a standard Ameri can automobile to park within the rectangle (231 Person. Every natural person, firm, partnership, asao- elation, or corporation. (2 Sign. A device designed to inform or to attract the at tentton of persons not In the premises. The area of a sign is the total of the exposed ester ior display surfaces. (25) Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top storv shall be that portion of a building Included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six feet above grade. the basement or cellar shall be considered a story. 2t Street The entire width between the boundary lines of every way which provides for puoiic use for. the purpose of vehicular and pedestrian traf fic and including the terms road. railroad or power line. 1 10) School; nursery, primary, elementary, high. (Ill Surface mining, rock crushing, asphalt plant Section 9- Let SU. In an A 5 rone the lot site shall be as follow: (II The minimum lot area shall be five acre. (2 The minimum lot width shall he 2M feet. i (Si The minimum lot depth shall be 2".tt feet Section 10. Tarda, In an A 3 tone yards shall be as follows: (11 The front yard ahall be a minimum of SO feet. (21 The aide yard shall be a minimum of 20 feet. 3t The rear yard shall be a minimum of 30 feet. (41 No structure permitted as a conditional use shall ho eloa er to a lot line than a distance eaual to Its height. IM A building shall be a minimum of 61 feet from the center line of a street. AG RiaTTV R AL-R KSIPEXTIAL ZONK AR I Section It. Uses Permitted Outrtqht Any use permitted outright In an A-5 rone la per mitted outright In an AR 1 rone. Section 12. Conditional Uses Permitted. In an AIM tone the following uses and their acces sory uses are permitted in ac cordance with the requirements of Sections 41 to 45. (II A conditional use permit ted in an A-5 zone 2 Trailer park. Section 13. Signs. In an AR 1 zone signs shall be limited to those identifying the use of the premises or advertising the sale, rental or lease of the property h I g h w a y." "lane. "place.' "avenue." "alley," or or the sale of products produced other similar designations. on the premises. Signs shall not (27) Structure. That which is be directly illuminated built or constructed. An edifice Section 14. Lot Site. In an AR or building of anv kind or any 1 zone the lot size shall be as piece or worn artificially built follows up or composed of parts joined H The minimum lot area together in some definite man- shall be one acre. ner and which requires location (21 The minimum lot width on the ground or which is at- shall be 100 feet. tached to something havine a Section 15. Tarda, In an AR-1 location on the ground. zone the yards shall be as fol (. Structural alteration. Anv lows change to the supporting mem- d The front yard shall be bers of a structure including minimum of 30 feet foundations, bearing walls or 2 Each side yard shall re partitions, columns, beams, eir. a minimum of 10 feet ders or the roof. I (3) The rear yard shall be a (29 Trailer house. A build- minimum of 10 feet. ing or vehicle originally design- ' No structure permitted as ed or presently constructed to a conditional use shall be clos be used as a dwelling or lodg- er to a lot line than a distance ing piace ana to be movable I equai 10 us neignt. irom piace to place on streets. '' a Duuaing snail oe a (30) Trailer park. A plot of minimum of 60 feet from the crmiinn iinin - n w n .. .1 i-u.ii.ir 1 1 nil a. a ti. mi t I.vua.va Mf" nuuil UJIC? U( inUlV I "-v. ...... v ouvri. trailer houses nrrunlorf fori Section 16. Helaht of Build (6) Farming, farm use. The I dwelling or sleeping purposes I 'n9- ,n AR-1 zone no build use of land for raising and har vesting crops or for the feeding, breeding and management of livestock or for dairying or any other agricultural or horticultur al use of any combination there of and includes the preparation of the products raised thereon for man's use and disposal by marketing or otherwise. It in cludes the construction and use of dwellings and other build ings customarily provided in conjunction with the farm use. (7) Floor area. The area in cluded in surrounding walls of a building, or portion thereof, exclusive of vent shafts and courts. (8) Grade (ground level). The average of the finished ground level at the center of all walls of the building. In case a wall is parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk. (9) Height of building. The vertical distance from the "grade" to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the nignest gable of a pitch or hip roor. (10) Home occupation. An oc cupation carried on within a dwelling or within an area of less than 400 square feet in a building accessory to a dwell ing, by members of the family occupying the dwelling, provid ed that the1 residential charac ter of the buildings are main tained and the occupation is conducted in such a manner as not to give an outward appear ance nor manifest any charac teristic of a business in the or dinary meaning of the term nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes. A home occupation does not involve the retail sale of a product on the premises nor does it occupy more than 30 per cent oi tne noor area oi a dwell ing. A home occupation is an accessory use. (11) Lot. A parcel or tract of land. (12) Lot area. The total hor izontal area within the lot lines of a lot. (13) Lot, corner. A lot abut ting on two intersecting streets other than an alley, provided that the streets do not intersect at an angle greater than 135 degrees. (14) Lot, depth. The horizon tal distance from the midpoint of the iront lot line to the mid point of the rear lot line. (15) Lot, interior. A lot other than a corner .lot (16) Lot line. -The property line bounding a lot. (17) Lot line, front. In the case of an interior lot, the lot line separating the lot from the street other than an alley, and in the case of a corner lot, the shortest lot line along a street other than an alley. (18) Lot line,- rear. A lot line which is opposite and most dis tant from the front lot line, and in the case of an irregular, tri angular, or other shaped lot a line 10 feet in length within the lot parallel to and at a maximum distance from the front lot line. (19) Lot line, side. Any lot not a front or rear lot line. (20) Lot width. The horizon tal distance between the side are located, regardless of whe-,n sna1' exceed a height of 35 ther a charge is made for such I feet or two and one-half stor- accommodation. I ies. whichever is lower. (31) Use. The purnose for Section 17. Lot Coverage. In which land or a structure is de-an AR-1 zone buildings shall signed, arranged, or intended. not cover more than 30 per cent or ior which it is occupied or i me lot area, maintained. ' COMMERCIAL ZOF r (32) Yard. An oren snace on I Section is Dui prmitt4 a lot which is unobstructed from Outright In a C zone the fol the ground upward except as lowing uses and their accessory i)iuiuto in mis or-1 uses are permitted outrignt. dinance. (II A use nermittpH nutrlcrht (33) Yard, front. A vard be- In an AR-1 zone. tween side lot lines and meas- (2) A conditional use permit ured horizontally at riht an?. I ted in an ar.1 n vn fn. les to the front lot line from the the fnllmrlnir- front lot line to the nearest (a) Cemetery including mausoleum, cremator! um, columbarium (b) Occupied trailer (c) Trailer park (d) Surface mining, rock crushing, asphalt plant (e) Multi-family dwelling (3) Retail store. (4) Commercial or profession point of the main building. (34) Yard, rear. A vard ex tending between side lot lines and measured horizontally at right angles to the rear lot line rrom the rear lot line to the nearest point of the main build ing. (35) Yard. side. An orn space between the front and al service establish ment unless rear yaras measured horizontal- otherwise listed. iv ana at ngnt angles from the Section 19. Conditional Uses iue ioi line xo me neareset point Permitted. In the C zone the OI a Duuaing. following uses and their acces- Section 4. Compliance with sory uses are permitted when 77, r,OTUUOIU- authorized In accordance with ia no structure or lot shall the requirements of Sections 41 uereaner oe usea or occupied I to 45. a"d .no, structure or part there- (1) Animal hospital. oi onau oe erected, moved, re- 12) Occurred tra or constructed, extended, enlarged, (3) Trailer nark. or otherwise altered except as Section 20. Signs. In a C zone peH3rt!d bv tnis ordinance. within 100 feet of an A-5 zone i ine planning commission or an AR-1 zone the following may rule that a use not sDeoif-Uicm rurmittH- icaliy listed among the allow- (1) A sltm rwrmittAH in an cu uses in a zone snail De per- AK-l zone. mitted as an allowed use if it is (2) A cicn iHontifvinrr a k..o similar to the allowed, uses in iness establishment or business we zone ana u it is not specif- use, subject to the following re- ivauy usieu as an aiiowea use stnctions (II A use permitted as a wn dttlonal use In an An I srte. (21 Junk yard or wrecking yard. (31 Surface mining, rock crushing or aihall plant Section iti, Umltotteoa oa Use, In mn M tone the following lim Itatlons and conditions shall ap I'lv. Ill A ue which creates a nut saitce bevaute of nolM. smoke, odxr. duit. or gas la prohibited 121 Materials shall be stored and grounds shall be maintain ed In a manner which Mill not attract or aid the propagation of Insects or rodents, or other rrwtse create a health haiard. (J Anv ue of property with in 100 (eel of a lot In an A S rone or an AR 1 tone shall be subject to the review and ap proval of the planning commts ston. The planning commission may ImpoKe such limitations as may be required to reduce con flicts between uses, OFF-STREET PARKING AM) I.OADINO Section 27. f Street raking. At the time a new structure Is erected or enlarged or the ue of an existing structure U changed, off-street parking shall be provided in accordance with the requirements of this section unless greater requirements are otherwise established. If parking space has been provided In con nection with an existing use or Is added to an existing use, the parking space shall not be elim inated If It would result In less space than Is required by this ordinance. When square feet are specified, the area measure! shall he the gross floor area of the building but shall exclude space devoted to off-street park ing or loading. When the minv ber of emplovcs Is specified persons counted shall be thos working on the premises, Includ ing proprietors, during the lar erst shirt at peak season. Fractional space requirements shall be counted as a whole space. ll) Commercial. ta) Bowling alley: F Ive spaces per alley plus one space per two em p loves. ib Bank; office (except i . ... i i ... mi-uuai aim unuaii. One space per 600 square feet of floor area plus one space per two employes. (c) Dance hall; skating rink: One space per 1U0 square feet of floor area plus one space per two employes. id i Eating or drinking es tablishment; One space per 200 square feet of floor area. (e) Medical or dental clin ic; One space per 300 square feet of floor area plus one space per two employes. If l Retail store, except as provided In paragraph (g) of this subsection: One space per 200 square feet of floor area. (g) Service or repair shop; retail store handling ex clusively bulky mer chandise such as auto mobiles and furniture: One space per 600 square feet of floor area. (2) Industrial. (a) Storage warehouse; manufacturing es t a b lishment; rail or truck ing freight terminal: One space per employe. (b) Wholesale establish ment: One space per employe plus one space ty owner. No building or o(her permit shall be Issued until plans are presented that show prvix-rtv that U and will remai available for exclusive use as off street parking and loading spate The subsequent use of the property shall le condition al upon Ihe unqualified rontlnu a nee and availability of the amount of parking and loadln space required by this ordln arnv. Should the owner or oe eupant of a lot or building change the ue to which the It or building Is pt. thereby In creasing off street parking or loading requirements. It shall he a violation of this ordinance to begin or maintain such altered use until the required Increase In off street parking or loading la provided. (21 Parking and loading re nulrement for types of build Ings and uses not sieclfleally listed herein shall be dolermln ed bv the planning commission, based upon the requirements ior comparable uses ll-ted. (31 If several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separate (41 Owners of two or more uses, structures, or parcels of land may agree to utilize joint Iv the same parking and load Ing spaces when the hours of oiHratlon do not overlap, provld ed that satisfactory legal evl dc nee Is presented to the coun v court In the form of deeds, leases, or contracts to establish the Joint use (5) Required parking space shall be located not more than ,VH feet from the building or ue they serve (fit Required parking spaces shall be available for the park ing of passenger automobile of residents. customers. patrons employes only, and shall not be used for storage of vehicles or materials or for the parking of trucks used In conducting the business or use. (7) Design requirements for parking lots. la) Areas used for parking and maneuvering shall have durable and dust- tlnued from use for a period of one year, further use of the iroH-rty shall be lor conform Ing use. (21. If a nonconforming use not Involving a structure Is dis continued for a period of six months, further use of the op crty shall be for a conforming use. Section 37. Termination ef Ceitaia NooroafermlBg Uses. (1) A nonconforming use not Involving a structure ur one in s oh Ing a struct un having an assessed value of less than SJitOOO shall be discontinued within two yrars from Ihe date this ordinance Is adopted. (21 A use which ta noncon forming Hlth respect to provts provisions of Section S3 If notice of the spiral la given within 15 days aftrr the planning com mission has tendered Its decis ion. VARIANCES Section 4(t. Authorisation to Grant er Deny Variance. The plapnlng commission may au IhotUe variances from the re quirements of this ordinance where It ran be shown that, ow ing Hi special and unusual cir cumstances related to a specific piece of proierty, the literal In ti rpretalloit of this ordinance would cause an undue or un necessary hardship, except that no variance shall te granted to allow the use of prois-rlv for nirM.es not authorized within the rone In which the profited I.... ... ..w....!..,. l ti . 1 1 ,.r..,il.t.. screening within a erWl of use would be lor a ed In rant te this or- ""k . ll. five years from the date dlnaiu-e Is adopted. Section 3H. Change ef a Nea- conforming Us. It a noncon forming use Is replaced bv another um1, the new use shall conform to this ordinance and shall not subsequently be re placed by a nonconforming use. Section 3t. Destruction el a Nonconforming Use. If a non conforming structure or a struc ture containing a nonconform ing use Is iti-stroyed by any cause to an extent exceeding hO H-r cent of the fair market value as indicated by the records of he county assessor, a future structure or use shall conform to this ordinance. Section 40. Completion ef Structure. Nothing contained In his ordinance shall require an hange In the plans, construc tion, alteration, or designated use of a structure for which a permit has been Issued and con struction work has commenced lrlor to the adoption of this or dinance, except that if the building is nonconforming or is Intended for a nonconforming use It shall be completed and In use within two years from the tune the is-rmlt was issued. CONDITIONAL USES SiMIoii 41. Authorisation to Grant or Deny Conditional Uses. M-s designated In this urdl nance us conditional usea may be iK-rmitted. enlarged, or oth nvl.se altered iiikiii authorlza Ion by the planning commls on in accordance with the less surfaces maintain ed adeauatelv for all standards and procedures w weather use. jfWth In Sections 41 through 4S. o Access aisles snail te imniuiii um- arc mose wmrn wide enough to in-rmlt easy turning ana ma neuvering, (c) Groups of more than four parking spaces shall Ik- served by a driveway so that no hacking movements or other maneuvering Is required within a street. SC PPLEM ENTA R Y PROVISIONS Section 30. Zon Boundaries. may be appropriate, desirable convenient, or necessary In the district In uhlch they are al lowed, but which by reason of their height or bulk or the ere at Ion of traffic hazards or park Ing problems or other adverse conditions may be injurious to the public safety, welfare, or comfort, and convenience unless appropriate conditions are Im posed. In ix-rmlttlng a condlt- in another zone. section 5. Classification ol 4ones. tor the purposes of this ordinance the county or portion inereoi is divided into zones de signated as follows: Zone Abbreviated Designations Agricultural a-5 Agricultural-Residential AR-1 Commercial C Industrial M Section 6. Zoning Maps. The location and boundaries of the zones designated in Section 5 are hereby established as shown on maps entitled "Zoning Maps of Morrow County." The effec tive date of zoning is the date shown on the zoning maps. The maps shall be referred to as the zoning maps. AGRICULTURAL ZONE A-5 Section 7. Uses Permitted Out right In an A-5 zone, the fol lowing uses and their accessory uses are permitted outright. (1) Single-family dwelling. (2) Farming. (3) Occupied trailer when oc cupant, is employed on the premises. Section 8. Conditional Uses Permitted. In an A-5 zone, the following uses and their acces sory uses are permitted in ac cordance with the requirements of Sections 41 to 45. (1) Airport. (2) Cemetery including maus oleum, crematorium, columbarium. (3) Church (4) Commercial feed lot. (5) Community club building. (6) Grain elevator. (7) Occupied trailer. (8) Public building or use such as a park, golf course or fire station. (9) Public utility such as a (a) The sign shall be set back at least 10 feet from a lot in an A-5 zone or an AR-1 zone. (d) Moving or intermittent flashing signs are pro hibited. (c) A free-standing sign shall not exceed an area of 25 feet on each side. Section 21. Lot Size, In a C zone the lot size shall be as follows: (1) The minimum lot area shall be 10,000 square feet. U) The minimum lot width shall be 100 feet. Section 22. Yards. In a C zone the yards shall be as follows: (1) The front yard shall be a minimum of 40 feet. (2) Each side yard shall be a minimum of 10 feet. (3) The rear yard shall be a minimum of 10 feet. Section 23. Lot Coverage. In a c zone buildings shall not oc cupy more than 50 per cent of uie ior area. INDUSTRIAL ZONE M Section 24. Uses Permitted Outright In an M zone the fol lowing uses and their accessory uses are permitted outright: (1) A use permitted outright in an AR-1 zone. (2) Manufacturing, repairing, compounding, proces sing or storage. (3) Railroad tracks and re lated facilities. (4) Wholesale distributing facility. Section 25. Conditional Uses Unless otherwise specified, zone ional use or the modification of oounaaries are section lines or an existing conditional use, the suDaivision lines or lot lines or county may lmose, In addition uie center lines oi si reels, ai-iio inoso standards and require leys or railroad right of ways, ments expressly specified by i um Mm- cjirniii-u. w nen wie ordinance, any additional a zone rxiunaary aiviucs a lot conditions which the county between two zone, then the en- considers necessary to protect mi- iui niitiii ov jiaceu in incline oest interests of the sur zone with the greater area bv roundlmr nronertv or th mun the adjustment of the boun- ty as a whole. These conditions aaries. provided me Boundary may Include Increasing the re adjustment is a distance of less aulred lot size or vnrH riimn than 20 feet. If the adjustment sions. limiting the height of nivuivi-s a ui-sianre oi more man ouuaincs. controlling th Kirn. 20 feet, the procedure for a zone tlon and number if VfshliMA nr. change shall be followed. cess ijolnta. i ncreaiiincr th tn,.i Section 31. Pro lections from width, lncrenslncr n, n.,rv,i... nuiioinvi, cornices, eaves, can- oi ou-sireet Dark n? nn,l nnri. opies, sunshades, gutters, chlm- Ing spaces required, limiting the neys, flues, belt courses, leaders, number, size, and location of sills, pilasters, lintels, ornamen- signs, and requiring diking tal features, and other similar fencing, screening, or InnriurAfi. L'llIUlUVC U1U3 RlJHffr" I i. , m m I i - per 700 square feet of f . lltclurtu Ie.aiuri?s pro- ing to protect adjacent or near- MtrorT serving area " Jt not more than two feet Into by property. In the case of a (3) Place of oublic assembly. rpqulxea ara or lm9. required use existing prior to the effect (a) Church, auditorium meeting- room: One space per four seats or eight feet of bench length ib) Community club build ing, lodge, grange hall One space per 100 square feet of floor area (c) Elementary or junior high school: One space per classroom plus one space per admlnlstrat ive employe or one space per four- seats or eight feet of bench length in the auditor! um or assembly room, whichever Is greater. (d) High school: One space per classroom plus one space per admlnlstrat ive employe plus one space for each six stu dents or one space per lour seats or eight ieet of bench length in the main auditorium, wnichever is greater. Section 28. Off-Street Loading. ti) A school having a ca pacity greater than 25 students shall have a driveway design ed for continuous forward flow of passenger vehicles for the purpose of loading and unload ing children. (2) Buildings or structures to be built or substantially alter ed and which receive and dis tribute material or merchandise by truck shall provide and maintain off-street loading berths in sufficient numbers and size to handle adequately the needs of the particular use. Loading space that has been provided in connection with an existing use or is added to an existing use shall not be elim inated if it would result in less spaoe than is required to han die the needs of the particular use. Off-street parking space used to fulfill the requirements of this ordinance shall not be used for loading and unloading except during periods of the day when it Is not required to meet parking needs. Section 29. General Provisions Permitted. In an M zone the Off-Street Parkin? and Load- lonowing uses ana ineir acces- ing. sory uses are permitted when authorized in accordance with the requirements of Sections 41 to 45. (1) The provision and main tenance of off-street parking and loading spaces are contin uing obligations of the proper- open space as established by live dale of this ordinance and coverage standards. wnicn Is classified In this ordl section Si. Maintenance of nance as a conditional use, Minimum Ordinance Require- any change In use or In lot area ments. imo lot area, yard, or oth-1 or anv alteration of the struc er open space, or required off- ture shall conform with the re, street parking or loading area qulrements dealing with condlt- existing on or after the effect- ional uses. ive date of this ordinance shall Section 42. Application for a be reduced in area, dimension. Conditional Use. A reauest for or size oeiow uie minimum re- a conditional use or for modi quired by this ordinance, nor ficatlon of an existing mndit shall any lot area, yard, or oth-1 ional use may be Initiated by ri Bpacf ur uu-biret-i parK-1 property owner or nis author ing or loading area which is re-lized agent, bv flllnc an annii. quired by this ordinance for cation with the county. Tho an. one use be used to meet the lot Plication shall be accompanied area, yard, or other open space by plans of the nroDosed ni. or off-street parking or loading drawn to scale, and the names area requirement lor any other and addresses of the owners of use, except as provided in sec- property with n 500 feet. Th tlon 29 (4). application shall be armmni. Section 33. General Exception I n led bv a fee as estahllKhoH hv to Lot Size Requirements. If a the county court, lot, or the aggregate of contin- Section 43. Public Hearing on uous lots or land parcels held a Conditional Use. Before the in a single ownership at the Planning commission mnw n. time this ordinance is adootnd. has an area of dimension which use it shall hold a public hear does not meet the lot size re- Ing. The hearing shall be held qulrements of the zone in which within 40 days after the appli the property is located, the lot cation for the conditional ur la or aggregate holdings may be filed. The county shall give no occupied by a use permitted out- tice of the hearing In the fol right In the zone subject to the lowing manner: other requirements of the zone 1 Notice of the hearing shall Section 34. General Exceotlon be published in a newshanr of to Building Height Limitations, general circulation In the mnn. The following type of structures lV not less than ten days prior or structural parts are not sub- to the date of the hearing, ject to the building height lim- (2) Not less than ten days itations of this ordinance: chlm- Prior to the date of the hearing, neys, tanks, church sDires. bel- notices shall be mailed to nil fries, domes, monuments, fire property owners within the area and hose towers, observation enclosed by lines parallel to towers, masts, aerials, cooling dd 500 feet from the exterior towers, elevator shafts, trans- boundaries of the property in mission towers, smokestacks, volved. The names and ndrfri. flagpole, radio and television es of property owners shall be towers, and other similar pro- tlio.se shown In the records of ections. the county assessor. Fallnm tn jNUiNCUiNKOKMiNG USES send notice to a person sneel AND STRUCTURES fied in this section or failure section m. Continuation of 'f a r erson to receive the no Nonconforming Use or Structure, tice shall not invalidate the zowihg OHD CONT'd proceedings in connection with A structure conforming with re- the application for a condition spect to use but nonconforming al use. with respect to height, setback, Section 44. Notice to Appli or coverage may be altered or cant Within five days after a extended if the alteration or ex- decision has been rendered, the tension does not deviate further county shall notify the appli from the standards of this or- cant of the planning commis dinance. sion's action. Section 36. Discontinuance of Section 45. AppeaL The action Nonconforming- Use. of the county planning commis- (1) If a nonconforming use sion may be appealed to the involving a structure is discon-1 county court according to the commission may attach condit ions whlt'u It finds necessary to protect the best Interests of the surrounding property or neigh borhood and to otherwise achieve Ihe pursses of this or dinance. Section 47. Conditions for Granting a Variance. No varl snce shall be granted unleM It ran le shown that all of the (olloMlng conditions exist: ill Exceptional or extraordi nary condition apply to the protHitv that do not apply gen erally to other proiertles In the same zone vicinity, which conditions are a result of lot sire or sh !. tography. or other circumstances over which the applicant has no control (2 The variance is necessary for the preservation of a prop. ertv right of the applicant sub stantially the same as Is ik). ssessed bv owners of other prop erty In the same zone or vicin ity. (.1) The authorization of the variance will not be materially detrimental to the purposes of this ordinance, be Injurious to property In the zone or vicinity in which Ihe proH-rtv Is locat ed, or otherwise ronfllil with the objectives of any county de velopnient plans or ixillcles. C I) The variance requested Is the minimum variance which will alleviate Ihe hardship. Section IK. Variance Proced ure. The procedures to be fol lowed In applying for and act ing on variance shall be sub stantially the same as (hone provided in Sections 41 through 45 of this ordinance for the case of a conditional use. AMENDMENTS TO THE ZON IN (5 ORDINANCE Section 49. Authorisation to Initial Amendments. An amendment to the text or the zoning map of this cedlnance may be Initiated by the coun ty court, by the planning com mission, or bv a proterty own er or his authorized agent. Section 50. Application and Pee. An application for an amendment bv a property own er or his authorized agent shall be filed with the county at least 11 days prior to the meeting at which the proiocd amendment Is to be considered. The appli- cation shall be accompanied by a fee established by the county court. Section 51. Public Hearing oa an Amndmsnt A public hear ing shall be held by the plan ning commission and by the county court on any amendment to the zoning ordinance. (1) Notice of hearing before the planning commission. No- Ice of the time and place of the public hearing and the pur pose of the proposed amend ment shall be given In the fol lowing manner: (a) If an amendment to the text of this ordinance la pro posed, notice shall be by pub lication In a newspaper of gen eral circulation In the county not less than ten days prior to the date of the hearing. (b) If an amendment to the zoning map Is proposed, notice shall be by publication tn a newspaper of general circulation in the county not less than ten .days prior to the date of the hearing and bv mailing written notice not less than ton days prior to the date of the hear ing to owners of property with in an area enclosed by lines parallel to and 500 feet from the exterior boundaries of the property Involved, using for this purpose the names and address es of the owners as shown up on the records of the county assessor. Where all property so located Is in the sume owner ship, owners of property abut ting the property In the same ownership shall be notified in the same manner as provided In this section. Failure to send notice to a person specified In this section or failure of a per son to receive a notice shall not Invalidate any proceedings in connection with the proposed zone change. (2) Recess of hearing before the planning commission. The planning commission may re cess a hearing In order to ob tain additional information or to serve further notice upon other property owners or per sons It decides may be inter ested in tho proposed amend ment. Upon recessing for this purpose the commission shall announce the time and date when the hearing will be re sumed. (3) Recommendation by the planning commission. The plan ning commission shall, within 40 days after the hearing, rec ommend to the county court ap proval, disapproval, or modifi cation of the proposed amend ment. (4) Notice of hearing before the county court. After receiv ing the recommendation of the planning commission, the coun ty court shall hold a public hearing on the proposed amend ment. Notice of the hearing shall be by publication in a newspaper of general circulation In the county not less than ten (Continued on page 3)
