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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)