ARTICLE 8. OPEN DISTRICTS (O)

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Article 8. Open Districts (O)

Sec. 8-8.1 Purpose
Sec. 8-8.2 Generally Permitted Uses And Structures
Sec. 8-8.3 Uses And Structures For Which A Use Permit Is Required
Sec. 8-8.4 Special Standards For Issuance Of Use Permits
Sec. 8-8.5 Development Standards For Construction And Use Within An Open District
Sec. 8-8.6 Calculation Of Densities And Land Coverage
Sec. 8-8.7 Permits Required
Sec. 8-8.8 Review Of Open District Designations In Particular Cases

Sec. 8-8.1 Purpose.

(a) To preserve, maintain or improve the essential characteristics of land and water areas that are:

(1) of significant value to the public as scenic or recreational resources;

(2) important to the overall structure and organization of urban areas and which provide accessible and usable open areas for recreational and aesthetic purposes;

(3) necessary to insulate or buffer the public and places of residence from undesirable environmental factors caused by, or related to, particular uses such as noise, dust, and visually offensive elements.

(b) To preserve, maintain or improve the essential functions of physical and ecological systems, forms or forces which significantly affect the general health, safety and welfare.

(d) To include areas indicated on the County General Plan as open or as parks.

(e) To provide for other areas which because of more detailed analysis, or because of changing settlement characteristics, are determined to be of significant value to the public. (Ord. No. 164, August 17, 1972; Sec. 8-8.1, R.C.O. 1976)

Sec. 8-8.2 Generally Permitted Uses And Structures.

(1) Accessory uses and structures

(2) Day-use areas

(3) Diversified agriculture

(4) Livestock and grazing, except as provided in Sec. 8-8.3

(5) Outdoor recreation

(6) Parks and monuments

(7) Private recreation areas

(8) Resource management

(9) Single family detached dwellings

(10) Undeveloped campgrounds

(Ord. No. 164, August 17, 1972; Sec. 8-8.2, R.C.O. 1976)

Sec. 8-8.3 Uses And Structures For Which A Use Permit Is Required.

(1) Communications facilities

(2) Day care centers

(3) Developed campgrounds

(4) Home businesses

(5) Intensive agriculture

(6) Livestock and grazing within the Urban District as established by the State Land Use Commission

(7) Organized recreation camps

(8) Outdoor recreation concessions

(9) Police and fire facilities

(10) Quarries

(11) Recreation vehicle parks

(12) Religious facilities

(13) Utility installations

(14) Any other use or structure which the Planning Director finds to be similar in nature to those listed in this Section and appropriate to the District.

(Ord. No. 164, August 17, 1972; Sec. 8-8.3, R.C.O. 1976)

Sec. 8-8.4 Special Standards For Issuance Of Use Permits.

Where a parcel is adjacent to, or within one thousand (1,000) yards of, a Use District or Districts other than an Open District, no use permit shall be issued for uses and structures on parcels which are not generally permitted, or permitted under a use permit, in all adjacent or proximate Districts. (Ord. No. 164, August 17, 1972; Sec. 8-8.4, R.C.O. 1976)

Sec. 8-8.5 Development Standards For Construction And Use Within An Open District.

(a) Land Coverage:

(1) The amount of land coverage created, including buildings and pavement, shall not exceed ten per cent (10%) of the lot or parcel area.

(2) No existing structure, use or improvement shall be increased in size, or any new structure, use or improvement undertaken so as to exceed the ten per cent (10%) land coverage limitation.

(3) At least three thousand (3,000) square feet of land coverage shall be permissible on any parcel of record existing prior to or on September 1, 1972.

(b) Residential Densities. Except as otherwise provided in this Article, no more than one (1) single family detached dwelling unit per three (3) acres of land shall be permitted when the parcel is located within an area designated "Urban" or "Rural" by the State Land Use Commission, and no more than one (1) single family detached dwelling unit per five (5) acres of land shall be permitted when the parcel is located within an area designated as "Agriculture" by the State Land Use Commission, provided that the provisions of this Article shall not prohibit the construction or maintenance of one (1) single family detached dwelling with necessary associated land coverage on any legal parcel or lot existing prior to or on September 1, 1972.

(1) Where the parcel is located within an area designated "Urban" by the State Land Use Commission, one (1) single family detached dwelling unit per one (1) acre of land shall be permissible if the existing average slope of the parcel is no greater than ten percent (10%).

(1) No parcel or lot shall be created which is less than three (3) acres in size within an area designated as "Urban" or "Rural" by the State Land Use Commission, or less than five (5) acres in size within an area designated as "Agriculture" by the State Land Use Commission, except within an "Urban" area a lot or parcel may be created which is one (1) acre or more in size if the existing average slope of the lot or parcel thus created is no greater than ten per cent (10%).

(2) No parcel or lot shall be subdivided when the improvements on the parcel meet or exceed the density and land coverage requirements of this Article.

(3) No portion of any parcel previously used as the basis for the calculation of allowable density or subdivision in any other District shall subsequently be subdivided or used as the basis for any other density or land coverage calculation.

(d) Development standards. Subject to the density and subdivision restrictions in Sec. 8-8.5(c), the development requirements for use development or subdivision within an Open District shall be:

(1) The same as the requirements for the District in which the proposed use would be permitted under other provisions of this Chapter.

(2) The same as the requirements of Secs. 8-3.6 and 8-3.7 of the Residential District if no use is indicated or if the use proposed is not readily assignable to any other Use District.

(3) Public Access. The Planning Commission may require the dedication of adequate public access-ways not less than ten (10) feet in width to publicly owned land or waters and may require the preservation of all historic and archaeologic sites, known or discovered on the parcel subject to development. (Ord. No. 164, August 17, 1972; Sec. 8-8.5, R.C.O. 1976)

Sec. 8-8.6 Calculation Of Densities And Land Coverage.

(a) The area in connection with which the permissible densities shall be calculated shall consist of that lot or lots, or parcel owned or controlled by the applicant designated in the permit application as part of the land development for which the permit is sought.

(b) When an area is included in the Open District because it is within the Constraint District, the precise boundary of the Open District shall be established to reflect the physical or ecological considerations upon which the particular Constraint District is based, regardless of lot or parcel boundaries. In those cases, that portion of the lot or parcel included in Open District may be included in any calculation of permitted densities and land coverage to be carried out on that portion of the parcel that is not within the Open District, provided that the total amount of density and land coverage shall be no more than one and one-half (1-1/2) that which would be permissible if the Open District portion of the lot or parcel was excluded from the calculation. (Ord. No. 164, August 17, 1972; Sec. 8-8.6, R.C.O. 1976)

Sec. 8-8.7 Permits Required.

No construction or other development for which Standards are established in this Chapter shall be undertaken within any Open District except in accordance with a valid zoning permit. The requirements for zoning permits shall be the same as those established in Sec. 8-7.7 of this Chapter. Where no definite Class Permit is specified for any use application, Class II Zoning Permit procedure shall apply. (Ord. No. 164, August 17, 1972; Sec. 8.8-7, R.C.O. 1976)

Sec. 8-8.8 Review Of Open District Designations In Particular Cases.

In some cases, lands have been included in the Open District that are designated for Residential or other use in the County General Plan. Such Open District zoning reflects a judgment that such lands are not now needed for the uses indicated in the General Plan. To assure timely consideration of whether such need has arisen, the Planning Commission shall review the status of such lands no later than five (5) years after the effective date of this Ordinance, and every succeeding five (5) years thereafter. (Ord. No. 164, August 17, 1972; Sec. 8-8.8, R.C.O. 1976)