1992-41795-Ordinance No. 92-068 Recorded 12/8/1992REVIEW
BEFORE THE BOARD OF COUNTY COMMISSIONERS, DESCHUTES CO ,IJi-SEL
An Ordinance Amending Title 18
the Deschutes County Code, the
Deschutes County Zoning Ordinance,*
Amending Section 18.36.030 (Y) of *
012(1-0040
Title 18 to Clarify
"Grandfathering" Provision, and * �"
Declaring an Emergency.
92-41'795
co
ORDINANCE NO. 92-068
WHEREAS, Wallace and Francis Chang proposed a Text=" event
to Section 18.36.030 (y) of Title 18, to amend the langgagW of
that section to apply to all parcels for which preliminary
approval was received prior to April 15, 1992.
WHEREAS, the Deschutes County Planning Commission, after
review conducted in accordance with applicable law, has
recommended approval of the proposed Text Amendment to Title 18.
WHEREAS, after notice was given and hearing conducted in
accordance with applicable law, the Board of County Commissioners
have considered the recommendations of the Planning Commissioners
recommendation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 18.36.030 of Title 18 is amended as
follows (with deletions bracketed and additions bolded and
underlined):
Section 18.36.030 Conditional Uses Permitted.
The following uses and their accessory uses may be allowed
in the Forest Use zone, subject to applicable provisions of
the Comprehensive Plan, Section 18.36.040 of this title and
other applicable sections of this title.
A. Private hunting and fishing operations without any
lodging accommodations.
B. Caretaker residences for public parks and fish
hatcheries.
C. Temporary forest labor camps limited to the duration of
the forest operation requiring its use.
D. Exploration for and production of geothermal, gas, oil
and other associated hydrocarbons, including the
ORDINANCE No. 922-068 - 1
0120-0041
placement and operation of compressors, separators and
other customary production equipment for an individual
well adjacent to the well head.
E. Log scaling and weigh stations.
F. Disposal site for solid waste for which the Department
of Environmental Quality has granted a permit under ORS
459.245, together with equipment, facilities or
buildings necessary for its operation.
G. Parks and campgrounds. For the purpose of this
section, a campground is an area devoted to overnight
temporary use for vacation, recreational or emergency
purposes, but not for residential purposes. A camping
site may be occupied by a tent, travel trailer or
recreational vehicle. Campgrounds shall not include
intensively developed recreational uses such as
swimming pools, tennis courts, retail stores or gas
stations.
H. Mining and processing of oil, gas or other subsurface
resources, as defined in ORS Chapter 520.005, and not
otherwise permitted under subsection (D) of this
section.
I. Television, microwave and radio communication
facilities and transmission towers.
J. Fire stations for rural fire protection necessary to
serve existing development.
K. Utility facilities for the purpose of generating five
(5) megawatts or less of power.
L. Aids to navigation and aviation.
M. Water intake facilities, related treatment facilities,
pumping stations and distribution lines.
N. Reservoirs and water impoundments.
O. Cemeteries.
P. New distribution lines (e.g. electrical, gas oil,
geothermal) with rights-of-way 50 feet or less in
width.
Q. Temporary asphalt and concrete batch plants as
accessory uses to specific highway projects.
R. Home occupations as defined in Section 18.04.030 and
subject to Section 18.128.040 (G) of this title.
S. Expansion of existing airports.
ORDINANCE No. 922-068 - 2
0120-0042
T. Public road and highway projects as described as ORS
215.283 (2) (p) through (r).
U. Private accommodations for fishing occupied on a
temporary basis subject to other applicable sections of
this title and the following requirements:
a. Accommodations are limited to no more than 15
guest rooms as that term is defined in the Oregon
Structural Specialty Code;
b. Only minor incidental and accessory retail sales
are permitted;
C. Accommodations are occupied temporarily for the
purpose of fishing during fishing seasons
authorized by the Oregon Fish and Wildlife
commission; and
d. Accommodations must be located within one-quarter
mile of fish -bearing Class I waters as defined in
OAR 629-24-101 (7).
V. Forest management research and experimentation
facilities as defined by ORS 526.215 or where accessory
to forest operations.
W. Excavation, grading and fill and removal within the bed
and banks of a stream or river or in a wetland, subject
to Sections 18.120.050 and 18.128.040 (W) of this
title.
X. A manufactured home in conjunction with an existing
dwelling as temporary use for the term of a hardship
suffered by the existing resident or a relative as
defined in ORS 215.283. The use shall be subject to
the review criteria in Section 18.116.090 of this
title, a well as those in this chapter. The
manufactured home shall use the same sub -surface sewage
disposal system used by the existing dwellings if that
disposal system is adequate to accommodate the
additional dwelling.
Y. Forest management dwellings on parcels (lawfully
created] for which preliminary approval was received
prior to April 15, 1992 and where the dwelling is found
to be necessary for and accessory to forest operations,
including cultured Christmas trees as defined in ORS
215.203 (3).
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0120-0043
Section 2. This Ordinance is supported by the staff report
attached hereto as Exhibit "A" and by this reference incorporated
herein.
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 effective
date.
DATED this , day of December, 1992.
BOARD OFPOUNTY COMMISSIONERS
OF DESCUPTES COUNTY, OREGON
,ICommissioner
AWEST# RANCY POPP 1$d4tKNGER, Commissi
T t
ing Secretary D K MAUDLIN, Cha rman
ORDINANCE No. 922-068 - 4
EXHIBIT A
STAFF REPORT
0120-0044
The applicant, Wallace and Francis Chang, is requesting a
Text Amendment to change the words of Section 18.36.030 (Y)
of Title 18 from "lawfully created" prior to April 15, 1992
to "for which preliminary approval was received" prior to
April 15, 1992.
The applicant received approval for a Major Partition,
pursuant to Hearings Officer's decision dated March 25, 1992,
to create two 320 -acre forest parcels, a Variance to Section
17.28.030 of Title 17, for access to the parcels from a road
not dedicated to the public, and approval for one forest
management dwelling (FM -91-7), V-91-30 and MJP-91-22).
On April 15, 1992, Deschutes County adopted Ordinance 92-025
which set forth the guidelines for the Forest Use Zones.
Section 18.36.030 (Y) of Title 18 permits as a Conditional
Use, "Forest Management dwellings on parcels lawfully created
prior to April 15, 1992, and where the dwelling is found to
be necessary for and accessory to forest operations,
including cultured Christmas trees as defined in ORS 215.203
(3)
The issue is whether the language "lawfully created" does not
include parcels that have received preliminary plat approval
only, and not final plat recordation. If those preliminarily
approved parcels are considered not lawfully created parcels,
they are not "grandfathered" for consideration for forest
dwellings as a conditional use pursuant to Section 18.36.030
(Y) of Title 18. Staff finds the intent in using "lawfully
created" was to remove the incentive for further land
divisions for residential development. In drafting the
current ordinance language staff does not believe that any
consideration was given to parcels that have received only
preliminary plat approval.
Within the Forest Zone, there are two land division
applications that have received preliminary approval, with
final approval pending that could specifically be effected by
this ordinance language. These include the applicant's land
partition MJP-91-22 as well as MP -91-55, Crown Pacific, Ltd.,
a request for the creation of two parcels from a parcel
approximately 42,000 acres in size.
Therefore, a request is submitted to change the language of
Section 18.36.030 (Y) of Title 18 to read, "Forest management
dwellings on parcels for which preliminary approval was
received prior to April 15, 1992, and where the dwelling is
found to be necessary for and accessory to forest operations,
including cultured Christmas trees as defined in ORS 215.203
(3)".