1993-21538-Ordinance No. 93-018 Recorded 6/23/1993BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNT7'; OFGON
An Ordinance Amending Title 19, the Bend Urban
Area Zoning Ordinance Relating to Land Divisions
in the RS, RL and SR 2 1/2 Zones and Declaring
an Emergency.
ORDINANCE NO. 93-018 0126-1933"
.. `'
WHEREAS, the County has adopted as part of the Bend Urban Area
General Plan policies to encourage the development of certain urban
facilities concurrent with residential development in the Bend Urban
Area; and
WHEREAS, the Board of County Commissioners finds it desirable
that further land divisions within certain zones in the Bend Urban
Area proceed concurrently with the availability of certain urban
facilities; and
WHEREAS, the Board of County Commissioners has considered the
recommendations of the Planning Commission and the public; now
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS AS FOLLOWS:
Section 1. Section 19.04.040, "Definitions," is amended to
change the definition of "Lot" to read as follows (with additions
underlined and in bold and deletions in brackets):
"Lot. A parcel of land used or capable of being used
under the regulations of this Ordinance, lawfully created
as such in accordance with the subdivision and partition
laws or ordinances in effect at the same time of [ this ] its
creation."
Section 2. Section 19.20.010, "Purpose," is amended to read as
follows (with additions underlined and in bold and deletions in
brackets):
"19.20.010 Purpose.
To encourage, accommodate, maintain and protect large
lot suburban type residential development[s] in areas with
DEO _permitted community or municipal sewer systems or
individual sewage disposal systems where soil will
accommodate individual disposal systems and sewer service
is not available [without community sewer services in
suburban areas or] and in areas which, because of location
and physical characteristics, are well suited for such
development."
PAGE 1 - ORDINANCE NO. 93-018 (6/23/93)K "NcgED
MICROFILMED J 2 9
.w. 1993
JUL 1,- 19013
6126-1934
Section 3. Section 19.20.020, Permitted Uses, is amended to
read as follows (with additions underlined and in bold and deletions
in brackets):
"19.20.020 Permitted Uses.
The following uses are permitted.
A. Single-family dwelling.
B. (Farming] Agriculture, excluding the keeping of
livestock.
C. Home occupations subject to Section 19.88.140.
D. Other accessory uses and accessory buildings and
structures customarily appurtenant to a permitted use
subject to Section 19.92.020."
Section 4. Section 19.20.050, Lot Requirements, is amended to
read as follows:
"19.20.050 Lot Requirements.
The following lot requirements shall be observed:
A. Lot Area. Each lot shall have a minimum area of 2.5
acres, except as provided in Section
18.20.055(A)(1)(b)..
B. Lot Width. Each lot shall be a minimum width of 100
feet.
C. Front Yard. The front yard shall be a minimum of 40
feet.
D. Side Yard. There shall be a minimum side yard on each
side of a building of not less than ten feet.
E. Rear Yard. There shall be a rear yard having a depth
of not less than twenty feet.
F. Solar Setback. The solar setback shall be as
prescribed in Section 19.88.210."
Section 5. Chapter 19.20 is amended to add a new section
19.20.055, "Land Divisions," as follows:
19.20.055 Land Divisions.
A. For subdivisions. residential planned unit developments, or
land Partitions resulting in more than two lots, the
PAGE 2 - ORDINANCE NO. 93-018 (6/23/93)
B.
0126-1935
following standards shall apply in addition to the
requirements of Title 17 of the Deschutes County Code:
1. Lot size.
1a_
L1
The minimum lot size for single family
residential uses shall be 2.5 acres.
2. Lot Layout. The location of lot lines shall not
significantly reduce feasible options for the future
locations of streets, or utility services, or preclude
development options on the subiect property or
adjacent properties.
3. Street Improvements. On-site street right-of-way
sufficient to meet design standards required by the
Transportation Plan shall be dedicated
4. Sewer. All new lots shall be connected to a
Department of EnvironmentalQuality-permitted
community or municipal sever system.
Lal Connection of the lots to sewer shall be a
condition of tentative plat approval. Unless
required sewer improvements are bonded pursuant
to DCC Title 17, sewer must be brought to the
Property line of each lot before the final plat
shall be issued until all sewer improvements
have been made.
Deschutes County Code:
1. Partition Configuration
lad A two -lot partition shall consist of a
segregated lot and a larger parent lot
Lb1 The segregated lot shall be no larger than 2.5
acres, unless additional area is required to
accommodate an existing or proposed use, in
which case the area shall be as small as
Possible to accommodate the use
PAGE 3 - ORDINANCE NO. 93-018 (6/23/93)
Li In determining that the lot0la2 Qs 1936
small as possible, consideration shall
be limited to the area necessary for
sub -surface sewage disposal and
reserve area, residential and
accessory development, required
setbacks and any land necessary to
accommodate allowable expansion of the
use.
Icl A parent lot greater than 2.5 acres and less
than 5 acres in size requires a redevelopment
future subdivision at the average density
Proposed in the Comprehensive Plan (4.8 units
per acre).
11A The redevelopment plan shall consist of a
map showing proposed lots or building
envelopes and roads to serve those lots or
building envelopes and of restrictive
covenants incorporating the redevelopment
map and restricting further development of
the parent parcel except in conformance
with the redevelopment map.
u The restrictive covenant shall be recorded
in the Deschutes County deed records in
conjunction with the recording of the
Partition plat.
2. Layout of lots. The location of lot lines shall not
significantly reduce feasible options for the future
locations of streets, or utilitv services. or Dreclude
Properties.
3. Street improvements.
aA Dedication of on-site street right of way
sufficient to meet design standards required by
the Transportation Plan shall be required
u Except as otherwise allowed in subsections
Lb)(i), (b)(iil and (bl(iiil herein_ streets
the
to
urban standards, as set forth in Title 17.
LiaL Where both the parent and segregated lot
are occupied by existing development, no
PAGE 4 - ORDINANCE NO. 93-018 (6/23/93)
0126-1937
additional street improvements are
required.
_LUI Where one of the two lots is developed, the
development agreement in a form
satisfactory to County Counsel requiring
that the street fronting both lots
resulting from the partition be improved to
urban standards. This agreement shall be
entered into with the County and recorded
at the same time as the recording of the
final plat. Such improvements must be made
prior to the issuance of a building permit
on the undeveloped lot.
Where both lots are undeveloped at the time
of partition, one lot shall be subject to
the development agreement described in
subsection (ii) above.
_jc� A recorded non -remonstrance agreement in a form
satisfactory to County Counsel, for future road
or drainage improvements within the right -of -
abutting the parcels shall be required.
4. Sewage
La, Pursuant to DEO rules, new develowent and
existing non-residential development shall be
served by sewer when sewer is available.
LL
_(_1_)_ Sewer is considered available if a sewer
line is within 300 feet of a lot line of
the parent lot unless there are topographic
or man-made features which make connection
Physically impractical or the sewer
provider determines that the sewer
connection can be deferred.
a
-(.pA For undeveloped lots where sewer is not
available, a sewer agreement shall be executed
on a form prepared by the City of Bend setting
forth the terms and conditions under which sewer
PAGE 5 - ORDINANCE NO. 93-018 (6/23/93)
0125-1938
services will be provided when sewer becomes
available.
5. The property owner shall execute a consent to
annexation to the City of Bend for the land area
covered by the partition on a form prepared by the
City, which form shall be recorded in the Deschutes
County deed records no later than the time the plat is
recorded.
6. A restrictive covenant shall be recorded for each lot
in conjunction with the final plat that prohibits
further division of those lots until the parcel can be
served by DEQ -permitted community or municipal sewer
system and urban standard roads.
Section 6. Section 19.24.010, "RL Zone - Purpose," is amended
to read as follows:
"19.24.010 Purpose.
"The RL Zone is intended to provide large urban lots
for development with a community water system and DEQ
Permitted community or municipal sewer systems [and] or
individual sewage disposal systems where soil will
accommodate individual disposal systems and sewer service
is not available."
Section 7. Section 19.24.050, "Lot Requirements," is amended to
read as follows:
"19.24.050 Lot Requirements.
The following lot requirements shall be observed,
provided that the Hearings Body or Planning Director may
allow smaller lots or different housing types in a new
subdivision approved pursuant to this Ordinance and
consistent with the Comprehensive Plan designations for
preservation of forested areas or significant rock
outcroppings when these lots are internal to the
subdivision or after hearing if they are located on the
edge of the new plat.
A. Lot Area. Every lot shall have a minimum area
of 20,000 square feet, except as provided in
section 18.24.055(A)(1)(b).
B. Lot Width. Every lot shall have a minimum
average width of 100 feet.
C. Frontage. Every lot shall have a minimum width
at the street of 50 feet, except that on an
PAGE 6 - ORDINANCE NO. 93-018 (6/23/93)
0126-1939
approved cul-de-sac, this may be reduced to 30
feet.
D. Front Yard. The front yard shall be a minimum
of 30 feet.
E. Side Yard. A side yard shall be a minimum of 5
feet and the sum of the two side yards shall be
a minimum of 15 feet.
F. Rear Yard. The rear yard shall be a minimum of
20 feet.
G. Lot Coverage. Maximum lot coverage by buildings
and structures shall be 35 percent of the lot
area.
H. Solar Setbacks. The solar setback shall be as
prescribed in section 19.88.210."
Section 8. Chapter 19.24 is amended to add a new section
19.20.055, "Land Divisions," as follows:
"19.24.055 Land Divisions.
A. For subdivisions, residential planned unit developments, or
land partitions resulting in more than two lots, the
following standards shall apply in addition to the
requirements of Title 17 of the Deschutes County Code:
1. Lot size.
2.
jal The minimum lot size for single family
residential uses shall be 20,000 square feet and
the maximum single family residential lot size
shall be 40,000 square feet.
LbA For residential planned unit developments, lot
sizes shall be consistent with.a minimum housing
density of 1.1 units per acre and a maximum
density of 2.2 units per acre.
Lot Layout. The location of lot lines shall not
significantly reduce feasible options for the future
3. Street Improvements. On-site street right-of-way
sufficient to meet design standards required by the
Transportation Plan shall be dedicated.
PAGE 7 - ORDINANCE NO. 93-018 (6/23/93)
B.
4.
0126-1940
jai Connection of the lots to sewer shall be a
condition of tentative plat approval. Unless
required sewer improvements are bonded pursuant
to DCC Title 17, sewer must be brought to the
Property line of each lot before the final plat
can be approved. In instances where the sewer
improvements are bonded, no building Dermits
have been made.
Deschutes County Code:
1. Partition Configuration.
Lai, A two -lot partition shall consist of a
segregated lot and a larger parent lot.
ib_
The segregated lot shall be no larger than
40_,000 square feet, unless additional area is
Lia _I_n determining that the lot is as
small as possible, consideration shall
be limited to the area necessary for
sub -surface sewage disposal and
reserve area, residential and
accessory development, required
setbacks and any land necessary to
accommodate allowable expansion of the
use.
Lc1 A parent lot greater than 40,000 square feet and
less than 5 acres in size requires a
redevelopment plan. The redevelopment plan
shall demonstrate that consistent with the
requirements of Title 17, it is feasible for the
lot to accommodate future subdivision at the
average density proposed in the Comprehensive
Plan (2.2 units per acre).
LA The redevelopment plan shall consist of a
map showing proposed lots or buildinq
envelopes and roads to serve those lots or
PAGE 8 - ORDINANCE NO. 93-018 (6/23/93)
0126-1941
building envelopes and of restrictive
covenants incorporating the redevelopment
map and restricting further development of
the parent parcel except in conformance
with the redevelopment map.
JU The restrictive covenant shall be recorded
in the Deschutes County deed records in
conjunction with the recording of the
Partition plat.
2. Layout of lots. The location of lot lines shall not
significantly reduce feasible options for the future
locations of streets, or utility services, or preclude
development options on the subject or adjacent
properties.
3. Street improvements.
laA Dedication of on-site street right of way
sufficient to meet design standards required by
the Transportation Plan shall be required.
jbL Except as otherwise allowed in subsections
(b)(i), (b)(ii) and (b)(iii) herein, streets
fronting on the lots shall be improved to
urban standards, as set forth in Title 17.
Lid Where both the parent and segregated lot
are occupied by existing development, no
additional street improvements are
required.
-Ciia Where one of the two lots is developed, the
street need not be brought up to urban
standards at the time of partition. The
undeveloped lot shall be subject to a
development agreement in a form
satisfactory to County Counsel requiring
that the street fronting both lots
resulting from the partition be improved to
urban standards. This agreement shall be
entered into with the County and recorded
at the same time as the recording of the
on the undeveloped lot.
(iii) Where both lots are undeveloped at the time
Of partition, one lot shall be subject to
the development agreement described in
subsection (ii) above.
PAGE 9 - ORDINANCE NO. 93-018 (6/23/93)
0126-1942
jcl A recorded non -remonstrance agreement in a form
satisfactory to County Counsel, for future road
or drainage improvements within the right-of-way
abutting the parcels shall be required.
4. Sewage
lal Pursuant to DEO rules, new development and
existing non-residential development shall be
served by sewer when sewer is available.
u Sewer is considered available if a sewer
line is within 300 feet of a lot line of
the parent lot unless there are topographic
or man-made features which make connection
physically impractical or the sewer
provider determines that the sewer
connection can be deferred.
lb� Where an existing residence is served by a
septic system and drainfield, a sewer agreement
in a form prepared by the City of Bend shall be
executed with the Citv reouirina hookup to the
sewer system when sewer becomes available.
-(cl For undeveloped lots where sewer is not
forth the terms and conditions under which sewer
services will be provided when sewer becomes
available.
5. The property owner shall execute a consent to
County deed records no later than the time the plat is
recorded.
6. A restrictive covenant shall be recorded for each lot
in conjunction with the final plat that prohibits
further division of those lots until the parcel can be
served by DEO-permitted community or municipal sewer
system and urban standard roads.
Section 9. Section 19.28.050, "Lot Requirements," is amended to
read as follows:
"19.28.050 Lot Requirements.
The following lot requirements shall be observed,
PAGE 10 - ORDINANCE NO. 93-018 (6/23/93)
0126-1943
provided that the Hearings Body or Planning Director may
allow smaller lots or different housing types in a new
subdivision approved pursuant to this Ordinance and
consistent with the Comprehensive Plan designations for
preservation of forested areas or significant rock
outcroppings when these lots are internal to the
subdivision or after hearing if they are located on the
edge of the new plat.
A. Lot Area. Every lot shall have a minimum area
of 6,000 square feet, except as provided in
section 18.28.055 (A) (1 )(bi.
B. Lot Width. Every lot shall have a minimum
average width of 60 feet, except that a corner
lot shall be a minimum of 70 feet.
C. Frontage. Every lot shall have a minimum width
at the street of 50 feet, except that on an
approved cul-de-sac, they may be reduced to 30
feet.
D. Front Yard. The front yard shall be a minimum
of twenty feet, except an existing forty or
fifty foot corner lot may have one front yard of
ten feet provided that the garage or carport is
a least 20 feet from the property line.
E. Side Yard. A side yard shall be a minimum of 5
feet and the sum of the two side yards shall be
a minimum of 15 feet.
F. Rear Yard. The rear yard shall be a minimum of
5 feet.
G. Lot Coverage. Maximum lot coverage by buildings
and structures shall be 35 percent of the lot
area.
H. Solar Setbacks. The solar setback shall be as
prescribed in section 19.88.210."
Section 10. Chapter 19.28 is amended to add a new Section
19.28.055, "Land Divisions," to read as follows:
"19.28.055 Land Divisions.
A.
than two lots, the following standards shall apply in
addition to the requirements of Title 17 of the
Deschutes County Code:
PAGE 11 - ORDINANCE NO. 93-018 (6/23/93)
B.
0126.1944
1. Lot size.
jai The minimum lot size for single family
residential uses shall be 6,000 square feet and
the maximum single family residential lot size
shall be 20,000 square feet.
Lb1 For residential planned unit developments, lot
sizes shall be consistent with a minimum housing
density of 2.3 units per acre and a maximum
density of 7.3 units per acre.
2. Lot Layout. The location of lot lines shall not
significantly reduce feasible options for the future
locations of streets, or utility services, or preclude
development options on the subject property or
adjacent properties.
3. Street Improvements. On-site street right-of-way
sufficient to meet design standards required by the
Transportation Plan shall be dedicated.
4. Sewer. All new lots shall be connected to a
Department of EnvironmentalQuality-permitted
community or municipal sever system.
L al Connection of the lots to sewer shall be a
_condition of tentative plat approval. Unless
required sewer improvements are bonded pursuant
to DCC Title 17, sewer must be brought to the
Property line of each lot before the final plat
can be approved. In instances where the sewer
improvements are bonded, no building permits
shall be issued until all sewer improvements
have been made.
standards and criteria shall apply in addition to and
notwithstanding any requirements of Title 17, of the
Deschutes County Code:
1. Partition Configuration.
_(a)_ A two -lot partition shall consist of a
segregated lot and a larger parent lot.
Lb1 The segregated lot shall be no larger than
20,000 square feet, unless additional area is
required to accommodate an existing or proposed
use, in which case the area shall be as small as
possible to accommodate the use.
PAGE 12 - ORDINANCE NO. 93-018 (6/23/93)
0126-1.945
Lia In determining that the lot is as
small as possible, consideration shall
be limited to the area necessary for
sub -surface sewage disposal and
reserve area, residential and
accessory development, required
setbacks and any land necessary to
accommodate allowable expansion of the
use.
jqj A parent lot greater than 20,000 square feet and
less than 5 acres in size requires a
redevelopment plan. The redevelopment plan
shall demonstrate that consistent with the
requirements of Title 17, it is feasible for the
lot to accommodate future subdivision at the
average density proposed in the Comprehensive
Plan (4.8 units per acre).
LlA The redevelopment plan shall consist of a
map showing proposed lots or building
envelopes and roads to serve those lots or
building envelopes and of restrictive
covenants incorporating the redevelopment
map and restricting further development of
the parent parcel except in conformance
with the redevelopment map.
121 The restrictive covenant shall be recorded
in the Deschutes County deed records in
conjunction with the recording of the
Partition plat.
2. Layout of lots. The location of lot lines shall not
significantly reduce feasible options for the future
locations of streets, or utility services, or preclude
development options on the subject or adiacent
properties.
3. Street improvements.
„(aA Dedication of on-site street right of
sufficient to meet design standards requir
the Transportation Plan shall be required.
jb� Except as otherwise allowed in subsections
(b)(i), (b)(ii) and (b)(iii) herein, streets
fronting on the lots shall be improved to
urban standards, as set forth in Title 17.
jiil Where both the parent and segregated lot
are occupied by existing development, no
PAGE 13 - ORDINANCE NO. 93-018 (6/23/93)
0126--946
additional street improvements are
required.
Iiij Where one of the two lots is developed, the
street need not be brought up to urban
standards at the time of partition. The
undeveloped lot shall be subject to a
development agreement in a form
satisfactory to County Counsel requiring
that the street fronting both lots
resulting from the partition be improved to
urban standards. This agreement shall be
entered into with the County and recorded
at the same time as the recording of the
final plat. Such improvements must be made
prior to the issuance of a building permit
on the undeveloped lot.
Where both lots are undeveloped at the time
of partition, one lot shall be subject to
the development agreement described in
subsection (ii) above.
u A recorded non -remonstrance agreement in a form
satisfactory to Countv Counsel. for future road
abutting the parcels shall be required.
4. Sewer
1 al New development shall be served by sewer when
sewer is available.
L1A Sewer is considered available if a sewer
line is within 300 feet of a lot line of
the parent lot unless there are topographic
or man-made features which make connection
Physically impractical or the sewer
provider determines that the sewer
connection can be deferred.
LbA Where an existing residence is served by a
septic system and drainfield, a sewer agreement
sewer system when sewer becomes available.
PAGE 14 - ORDINANCE NO. 93-018 (6/23/93)
0126-1947
LcA For undeveloped lots where sewer is not
forth the terms and conditions under which sewer
services will be provided when sewer becomes
available.
5. The property owner shall execute a consent to
6.
City, which form shall be recorded in the Deschutes
County deed records no later than the time the plat is
recorded.
ivis
system and urban standard roads.
Section 11. SEVERABILITY. The provisions of this ordinance are
severable. If any section, sentence, clause, phrase, area, overlay
or other separable part of this ordinance or any exhibit thereto is
adjudged to be invalid by a court of competent jurisdiction, that
decision shall not affect the validity of the remaining portions of
this ordinance or any exhibit thereto.
Section 12. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express or implied, of any ordinance,
ordinance provision, or code section by this ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability incurred under such ordinance, unless a provision of this
ordinance shall so expressly provide, and such ordinance repealed
shall be treated as still remaining in force for the purpose of
sustaining any proper action or prosecution for the enforcement of
such duty, condition, penalty, forfeiture, or liability, and for the
purpose of authorizing the prosecution, conviction and punishment of
the person or persons who violated the repealed ordinance.
PAGE 15 - ORDINANCE NO. 93-018 (6/23/93)
0126-°1348
Section 13. EMERGENCY. 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 enactment.
DATED this ;)34 day of �n _ , 1993.
BOARD OFCOUNTY COMMISSIONERS
OF DESgH TES COUNTY, OREGON
ATTEST:
Rec rding Secretary
, IChair
NANCY POPE SCHLANGEN, Commissioner
A444V §1 �f
Atl
BARRY ff. SLAUGHTER, Commissioner
PAGE 16 - ORDINANCE NO. 93-018 (6/23/93)