Chapter 18.124 SUPPLEMENTARY PROVISIONS

Chapter 18.124
SUPPLEMENTARY PROVISIONS

Sections:

18.124.010 Access – Minimum lot frontage.

18.124.020 Establishment of clear-vision areas.

18.124.030 Measurement of clear-vision area.

18.124.040 Sign limitations and regulations.

18.124.050 Authorization of similar uses.

18.124.060 General provisions regarding accessory uses.

18.124.070 Projections from buildings.

18.124.080 Maintenance of minimum ordinance requirements.

18.124.090 Riparian protection zone.

18.124.100 Rimrock setback requirements.

18.124.110 Approval process – Transmission tower.

18.124.120 Cargo containers.

18.124.130 Transportation facilities permitted outright.

18.124.140 Accessory dwelling units.

18.124.150 Temporary hardship dwelling.

18.124.160 Domestic livestock kept solely for the purpose of a youth livestock project.

18.124.010 Access – Minimum lot frontage.

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

18.124.020 Establishment of clear-vision areas.

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

18.124.030 Measurement of clear-vision area.

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

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

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

Row Width	Clear-Vision Measurement
80 feet and more	20 feet
60 feet	30 feet
50 feet	40 feet

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

18.124.040 Sign limitations and regulations.

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

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

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

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

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

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

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

18.124.050 Authorization of similar uses.

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

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

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

18.124.060 General provisions regarding accessory uses.

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

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

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

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

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

18.124.070 Projections from buildings.

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

18.124.080 Maintenance of minimum ordinance requirements.

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

18.124.090 Riparian protection zone.

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

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

(a) For a bridge crossing;

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

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

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

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

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

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

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

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

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

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

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

18.124.100 Rimrock setback requirements.

A proposed structure locating on the rimrock shall be set back 200 feet from the edge of said rimrock. Please reference CCC 18.08.180 for the applicable geographic areas, and definition. (Ord. 330 § 7 (Exh. F), 2022; Ord. 280 § 15 (Exh. O), 2015; Ord. 18 § 4.210, 2003)

18.124.110 Approval process – Transmission tower.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(l) In the event that the applicant plans to develop more than one tower in Crook County, the applicant shall simultaneously submit a tentative plan for future tower site development in the county. (Ord. 344 § 11 (Exh. J), 2024; Ord. 296 § 9 (Exh. G), 2016; Ord. 280 § 15 (Exh. O), 2015; Ord. 18 Amd. 61 §§ 2, 3, 2003; Ord. 18 § 4.250, 2003)

18.124.120 Cargo containers.

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

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

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

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

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

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

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

18.124.130 Transportation facilities permitted outright.

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

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

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

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

(4) Landscaping as part of a transportation facility.

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

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

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

18.124.140 Accessory dwelling units.

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

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

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

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

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

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

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

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

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

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

(2) Accessory dwelling units, as defined in CCC 18.08.010, where permitted by zoning within rural residential zones, are subject to site plan review and the following standards:

(a) Definitions. For the purposes of this subsection (2), unless otherwise specifically provided, certain words, terms, and phrases are defined as follows:

(i) “Accessory dwelling unit” (ADU) means a residential structure that is used in connection with or that is auxiliary to a single-family dwelling.

(ii) “Area zoned for rural residential use” means land that is not located inside an urban growth boundary and that is subject to an acknowledged exception to a statewide land use planning goal relating to farmland or forestland and planned and zoned by the county to allow residential use as a primary use.

(iii) “Single-family dwelling” means a residential structure designated as a residence for one family and sharing no common wall with another residence of any type.

(iv) “Usable floor area” means the area included within the surrounding insulated exterior walls of a structure, exclusive of attached garages, carports, decks, stairs, porch covers, or similar appurtenances.

(v) “Vacation occupancy” means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics:

(A) The occupant rents the unit for vacation purposes only, not as a principal residence;

(B) The occupant has a principal residence other than at the unit; and

(b) Criteria for ADUs. In rural residential zones where an ADU is a permitted use, a lot or parcel may qualify for one ADU subject to site plan review and the following standards:

(i) The lot or parcel is at least five acres in size;

(ii) At least one single-family dwelling is sited on the lot or parcel. For purposes of this section, “sited” means that a single-family dwelling exists on the lot or parcel, or a single-family dwelling has been approved by the planning department;

(iii) The lot or parcel is not located within an urban reserve area, consistent with ORS 195.137;

(iv) The ADU complies with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment;

(v) The ADU must comply with the property development standards of the applicable rural residential zone, except that any ADU that is proposed on a lot or parcel that is adjacent to land zoned primarily for farm (EFU) or forest use (F-1), the ADU shall be set back at least 100 feet from the boundary of the adjacent property that is zoned for farm or forest use;

(vi) A subdivision, partition or other division of the lot or parcel so that the existing single-family dwelling is situated on a different lot or parcel than the ADU may not be approved;

(vii) Only one ADU is allowed on a qualifying lot or parcel;

(viii) The ADU will be located no farther than 100 feet from the existing single-family dwelling, measured from a wall of the single-family dwelling to the nearest part of the usable floor area of the ADU;

(ix) The ADU will not include more than 900 square feet of usable floor area as defined by subsection (2)(a)(iv) of this section;

(x) The existing single-family dwelling on the lot or parcel is not subject to an order declaring it a nuisance or subject to any pending action under ORS 105.550 to 105.600;

(xi) The lot or parcel on which the ADU is located is served by a fire protection district that complies with ORS 181A.410;

(xii) The ADU provides for the following:

(A) Adequate access connecting an accessory dwelling unit with a fire protection service provider with professionals who have received training or certification described in ORS 181A.410. Adequate access is met by demonstrating compliance with subsections (2)(b)(xii)(A)(1) and (2)(b)(xii)(A)(2), or (2)(b)(xii)(A)(3) of this section:

1. A continuous, minimum 20-foot width right(s)-of-way with unobstructed vertical clearance of not less than 13.5 feet.

2. A continuous, minimum 14-foot width driveway with unobstructed shoulders of three feet on each side, with an unobstructed vertical clearance of not less than 13.5 feet, with a minimum curve radius of 48 feet, designed and maintained to support minimum gross vehicle weight (GVW) of 75,000 lbs and composed on all-weather surface including, but not limited to, asphalt, gravel or concrete. Prior to receipt of an occupancy permit for the ADU, the applicant shall provide a letter from a licensed Oregon engineer confirming that the driveway meets the above-described standard.

3. Driveways in excess of 200 feet shall provide a 20-foot wide, 40-foot long passage (turnout) at a distance of one-half the driveway length or 400 feet, whichever is less.

4. Prior to submitting a land use application for an ADU, the applicant shall provide notice of its intent to construct an ADU to the applicable fire and rescue district, including the plans for access to the ADU.

(xiii) The applicant provides an evacuation plan that arranges for safe evacuation and identifies staged evacuation areas. As used in this section, “safe evacuation” means an identified route for evacuation from the ADU to the staged evacuation area. “Staged evacuation area” means a public or private location that occupants of the ADU may evacuate to.

(A) The applicant must provide written authorization from the owner of the staged evacuation area that the occupants of the ADU may evacuate to that location.

(B) The staged evacuation area that the occupants of the ADU may use must be at least one-quarter acre or 10,890 square feet, in size and kept clear of all flammable materials, including natural vegetation, excluding irrigated lawns. The evacuation area shall have a minimum distance from the outer boundary of 59 feet and a minimum distance across of 118 feet, as shown below.

r = 58.88 ft

d = 117.75 ft

Area = 10,890 ft2

(C) A determination by the county that an evacuation plan meets the requirements of this subsection (2)(b)(xiii) is not a certification that the plan provides for safe evacuation and is not a certification of the safety of the identified staged evacuation areas. The county does not warrant or guarantee the effectiveness of any proposed evacuation plan and cannot be held liable in the event of property damage, injury, or death that may occur when an evacuation plan is used or followed.

(xiv) No portion of the lot or parcel is within a designated area of critical state concern as defined in Chapter 660-043 OAR.

(xv) If the water supply source for the ADU or associated lands or gardens will be a well using water under ORS 537.545(1)(b) or (d), no portion of the lot or parcel is within an area in which new or existing ground water uses under ORS 537.545(1)(b) or (d) have been restricted by the water resources commission.

(xvi) If the ADU is served by a well, the construction of the ADU shall maintain all setbacks from the well required by the water resources commission or water resources department.

(xvii) If the ADU is served by a water source other than a well serving only the primary residence on the property, the applicant must provide a letter confirming that the supplier of water is “willing and able to serve” the ADU.

(xviii) The applicant signs and records a restrictive covenant with Crook County deeds and records stating that the ADU allowed under this section will not be used for vacation occupancy.

(xix) An existing single-family dwelling and an ADU allowed under this section are considered a single unit for the purposes of calculating exemptions under ORS 537.545(1).

(xx) The accessory dwelling unit complies with the construction provisions of Section R327 of the Oregon Residential Specialty Code, if:

(A) The lot or parcel is in an area identified as extreme or high wildfire risk on the statewide map of wildfire risk described in ORS 477.490; or

(B) No statewide map of wildfire risk has been adopted.

(xxi) If the lot or parcel is in an area identified on the statewide map of wildfire risk described in ORS 477.490 as within the wildland urban interface, the lot or parcel and ADU must comply with the defensible space requirements for wildfire risk reduction established by the state fire marshal under ORS 476.392 and any applicable local requirements for defensible space established by the local government pursuant to ORS 476.392. (Ord. 344 § 8 (Exh. G), 2024; Ord. 313 § 5, 2019)

18.124.150 Temporary hardship dwellings.

A temporary hardship dwelling is subject to the following:

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

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

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

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

(2) A temporary residence approved under this section is not eligible for replacement under Use 2.7 in Table 1 of Chapter 18.16 CCC. Department of Environmental Quality review and removal requirements also apply.

(3) As used in this section “hardship” means a medical hardship or hardship for the care of an aged or infirm person or persons. (Ord. 323 § 3 (Att. A), 2021; Ord. 314 § 2, 2019)

18.124.160 Domestic livestock kept solely for the purpose of a youth livestock project.

(1) Domestic livestock as defined in CCC 18.08.120, where permitted by zoning, kept solely for the purpose of a youth livestock project such as 4-H or FFA, may be exempted from the square footage requirements of the underlying zone; provided, that the following conditions are complied with:

(a) Evidence is provided to community development that the youth is officially enrolled in a youth livestock project such as 4-H or FFA and an outline of the planned project including animal types and numbers.

(b) The youth livestock project must comply at all times with applicable sanitation control and other requirements. Failure to comply with sanitation control and other requirements may result in the cancellation of the exemption. (Ord. 336 § 3 (Exh. B), 2023)