1992-41382-Ordinance No. 92-066 Recorded 12/2/199292-41382
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE
LEGAL t0- JJNSEL
An Ordinance Amending Title 18 of the
*
0119-1586
Deschutes County Code, the Deschutes
County Zoning Ordinance, to define
*
w1.0
Land Disposal Sites, Disposal Sites,
*�
ro
Resource Recovery and Solid Waste, add
r..a
Land Disposal Sites as a Use Permitted
*
`y;,: `+
Outright in the SM Zone, and add
*
:v
Disposal Sites as a Conditional Use at
*
v
Existing Land Disposal Sites in the SM
M
Zone, and Declaring an Emergency.
*
.,o
r)
r-
r -n
Cn
ORDINANCE NO. 92-066
WHEREAS, the County landfill and resource recovery facilities at
the Northwest, Negus and Knott Pit sites are nonconforming uses located
on property zoned SM; and,
WHEREAS, the County Hearings Officer denied the Public Works
Department's application to develop a transfer station and related
resource recovery facilities at the Negus site because Title 18 does
not provide for the expansion of a nonconforming use; and
WHEREAS, the Deschutes County Public Works Department proposed a
Text Amendment to Sections 18.52.030 and 18.52.050 of Title 18, to
amend the uses permitted outright and conditionally in the Surface
Mining (SM) Zone; and,
WHEREAS, the Deschutes County Planning Commission, after review
conducted in accordance with applicable law, recommended that existing
landfills which have a valid DEQ permit on the effective date of
Ordinance 92-066 become an Outright Permitted Use in the SM Zone and
that the development of a transfer station, recycling center and
related resource recovery facilities at existing landfills become a
Conditional Use Permitted in the SM Zone subject to the conditions set
forth in Chapter 18.128; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Section 18.04.030 of Title 18 is amended to add new
definitions as follows:
"Land Disposal Site" means a disposal site and related facilities at
which the method of disposing solid waste is by landfill.
"Disposal Site" means land and facilities used for disposal, handling
or transfer of or resource recovery of solid wastes.
Page 1 - ORDINANCE NO. 92-066l�EYPU" Ch"cJ
VA
DCL 1992
o119o-1587
"Resource Recovery" means the process of obtaining useful material or
energy resources from solid waste and includes:
a. "Energy recovery" which means recovery in which all or a part of
the solid waste materials are processed to utilize the heat content, or
other forms of energy, of or from the material.
b. "Material recovery," which means any process of obtaining from
solid waste, by presegregation or otherwise, materials which still have
useful physical or chemical properties and can be reused or recycled
from some purpose.
c. "Recycling." which means any process by which solid waste
materials are transformed into new products in such a manner that the
original products may lose their identity.
d. Reuse," which means the return of a commodity into the economic
stream for use in the same kind of application as before without change
in its identity.
"Solid Waste" for the purposes of Title 18, Deschutes County Code,
means all putrescible and nonputrescible wastes, including but not
limited to garbage, rubbish, refuse, ashes, waste paper and cardboard;
commercial, industrial, demolition and construction wastes; discarded
home and industrial appliances; and other wastes; but the term does not
include:
a. Hazardous wastes as defined in ORS 466.005.
b. Materials used for fertilizer or for other productive purposes or
which are salvageable as such materials are used on land in
agricultural operations and the growing or harvesting of crops and the
raising of animals.
Section 2. Section 18.52.030 Uses Permitted Outright.
Section 18.52.030 of Title 18 is amended as follows:
The following uses and their accessory uses are permitted outright:
A. Farm uses as defined in this title.
B. Forest uses as defined in this title.
C. One temporary or portable residence when necessary to house a
caretaker or a night watchman. (Ord. 90-014 ss 4, 1990; Ord. 86-059 ss
1, 1986)
D. Land Disposal Site as defined in this title for which the
operator possesses a valid DEQ permit on the effective date of
Ordinance No. 92-066.
Section 3. Section 18.52.050 Conditional Uses Permitted.
Section 18.52.050 of Title 18 is amended as follows:
A. The following uses are permitted subject to the conditions set
forth in Chapter 18.128:
a. Public uses consistent with
allowed in the SM zone.
b. Operations and exploration of
c. Excavation, grading and fill
banks of a stream or river or in
18.120.050 and 18.128.040(W). (Ord.
Page 2 - ORDINANCE NO. 92-066
or dependent upon outright uses
geothermal resources.
and removal within the bed and
a wetland subject to Sections
91-038 ss 1, 1991).
011-1588
d. Construction, pension and operation of a Disposal Site as
defined in this title, for which the operator possesses a valid DEQ
permit on the effective date of Ordinance No. 92-066 for a Land
Disposal Site.
B. The following uses are permitted subject to site plan review and
the setbacks, standards and conditions set forth in Section 18.52.090,
18.52.110 and 18.52.140, respectively, and are not subject to the
conditions in Chapter 18.128:
a. Expansion or replacement of a pre-existing legal dwelling.
b. Crushing or mineral and aggregate materials on sites
designated for crushing in the ESEE analysis in the surface mining
element of the Comprehensive Plan.
c. Sales of minerals and mineral products extracted or produced
on parcels other than the subject parcel or contiguous parcels in
the same ownership.
d. Batching and blending of mineral and aggregate into asphaltic
concrete or portland cement concrete. (Ord. 90-014 ss 4, 1990)
Page 3 - ORDINANCE NO. 92-066
�j 01190-1589
DATED this 4 day of , 1992.
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES ¢ODNTY, OREGON
Page 4 - ORDINANCE NO. 92-066
177iss
, c:ommiss
