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1988-12090-Ordinance No. 88-022 Recorded 6/8/198888-12090 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DE An Ordinance Amending Ordi- nance No. PL -15, the Deschutes County Zoning Ordi- nance of 1979, as Amended, Creating a Limited Use Com- bining Zone (LU), and Declar- ing an Emergency. ORDINANCE NO. 88-022 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES OREGON, ORDAINS as follows: REVIEWED I&_ 061+713 co C7) c_ COUN4'FY , . Section 1. Article 4, Use Zones, Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as amended, is further amended to add the following: "Section 4.250. Limited Use Combining Zone LU. In any limited use combining zone (LU), the require- ments and standards of this section shall apply in addition to those specified in this ordinance for the underlying zone and any other applicable combining zones. In the event of a conflict between the require- ments and standards of this section and those of the underlying zone or other applicable combining zones, the provisions of this section shall govern. 111. Purpose. A. The purpose of the LU zone is to limit the list of permitted uses and general activities allowed in the underlying zone, when a plan amendment and zone change rezones a parcel to that under- lying zone through the taking of an exception to a statewide land use planning goal under ORS 197.732. B. The LU zone is an overlay zone which may be applied, where appropriate, to plan amendments/zone changes effected by either a "physically developed" excep- tion under ORS 197.732(1)(a), an "irre- vocably committed" exception under ORS 197.732(1)(b), or a "reasons" exception under ORS 197.732 (1) (c) . C. The LU zone, when adopted, shall carry out the requirement of Oregon Admini- strative Rule 660-04-018 that where a 1 - ORDINANCE NO. 88-022 goal exception is taken, permitted uses shall be limited to those uses justified by the exception statement. "2. Combining Zone Requirements. When the LU zone is applied, the uses permitted in the underlying zone shall be limited to those uses and general activi- ties specifically set forth in the ordinance adopting the underlying zone and the LU zone. Any change in those uses and general activities must be made through the plan/land use regulation amendment process. "3. Procedures. The LU zone shall be applied through the plan amendment and rezoning process at the time the underlying plan and/or zone designation is being changed. "4. Use Limitations. The following limitations shall apply to the underlying zone when the LU zone is applied: A. In all cases, the hearings body shall establish that: a. The uses and general activi- ties subject to the rezoning are required to be limited to those uses and general activ- ities justified in the goal exception taken. b. A review of all zones in Ordinance No. PL -15 demonstrates that no existing zone adequately limits the uses and general activities. C. The LU zone, when applied to the underlying zone, is consistent with the Comprehen- sive Plan and other applicable policies of the County. "5. Adoption. The ordinance adopting the underlying zone and the LU zone shall set forth those speci- fic uses and general activities which will be permitted or conditional uses. The description of the permitted and conditional uses may be quali- fied as necessary to achieve the purpose of the LU zone. 2 - ORDINANCE NO. 88-022 • 00901915 06. Official Plan/Zoning Map. The official plan/zon- ing map shall be amended to show an LU suffix on any parcel where the LU zone has been applied. "7. Site Plan Requirement. A. In addition to limiting the uses in the underlying zone where the LU zone is applied, the County may also require approval of the location of buildings, access, parking, screening and other site planning considerations in order to assure the compatibility of the permit- ted uses within the area. B. The process for reviewing the site plan shall be described at the time of the LU zone application. Site plan require- ments may be added by specific reference in the LU adopting ordinance. Specifi- cations and standards of the underlying zone remain in effect unless specifical- ly altered by the site plan approval. Separate site plan approval shall not be required for any uses subject to a conditional use permit." Section 3. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this day of �- , 1988. ATT T: Recording Secretary 3 - ORDINANCE NO. 88-022 BOARD OF COUNTY COMMISSIONERS OF gESCHUTES COUNTY, OREGON LOI JSTOW PRANTE, Commissioner TOM T ROOP CqxRissioner DICK MAUDLIN, Chairman