1993-22044-Ordinance No. 93-034 Recorded 7/1/1993t.
_a
L REVIEWED
BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTS
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tEC, aCJ�1NSfL
An Ordinance Amending Title 18 of
the Deschutes County Code, the 012% 0
Deschutes County Zoning Ordinance,* 0
416-1
Allowing an Exception to Lot Sizes* ca
in the RR -10 Zone and Declaring an*
Emergency.
rt
ORDINANCE NO. 93-034 .a
WHEREAS, the Deschutes County Public Works Depar�meM
proposed a Text Amendment to Section 18.60 and Section 18.1270 of
Title 18 to allow the division of parcels into two lots, not less
than one acre in size, if separated by new arterial rights-of-way,
within the Rural Residential Zone.
WHEREAS, parcels zoned Rural Residential (RR -10), if
separated by new arterial road rights-of-way, cannot be divided
if either parcel is less than the ten -acre minimum lot size
requirements of the RR -10 Zone.
WHEREAS, splitting a parcel with an 80-100 foot right-of-way
makes the separated portion of the parcel generally unusable in
conjunction with a residential dwelling.
WHEREAS, there are very few circumstances where arterial
road rights-of-way, anticipated by the Comprehensive Plan, do not
already exist.
WHEREAS, the Deschutes County Planning Commission has
recommended approval of a Text Amendment to Title 18; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. Section 18.60.060 (C), "Dimensional Standards",
of Title 18 of the Deschutes County Code is amended to read as
follows:
1118.60.060. Dimensional Standards.
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*
C. Minimum lot size shall be 10 acres, except planned and
cluster developments shall be allowed an equivalent density of one
unit per 7.5 acres. Planned and cluster developments within one
mile of an acknowledged urban growth boundary shall be allowed a
five -acre minimum lot size or equivalent density. For parcels
separated by new arterial rights-of-way, an exemption shall be
granted pursuant to Section 18.120.020.
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ORDINANCE NO. 93-034
1
*"
KEYPtJ CHEC
1993
miar.OFILMED
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Section 2. Section 18.120.020, "Nonconforming Lot Sizes",
of Title 18 of the Deschutes County Code is amended to read as
follows:
"18.120.020 Nonconforming Lot Sizes.
A. Any parcel of land or portion thereof which is to be
dedicated to a public or other entity for a road, canal,
railroad, utility or other public use shall be exempt from
the minimum lot size requirements set forth by this title.
B. Whereas land sections in the County are affected by survey
adjustments, minimum requirements relative to lot sizes,
where applicable, shall be considered as standard metes and
bounds land section division, i.e., 160 acres, 80 acres, 40
acres, 20 acres, etc., lot sizes, therefore, may be
reasonably smaller than set forth by this title if a total
section acreage reduction is due to a survey adjustment or
other man-made barriers over which the applicant has had no
control.
C. Any lot that is smaller than the minimum area required in
any zone may be occupied by an allowed use in that zone
provided that:
a. The lot or parcel is a lot of record, as defined
in Section 18.04.030, "Lot of Record."
b. The use conforms to all other requirements of
that zone.
C. If there is an area deficiency, residential use
shall be limited to a single dwelling unit.
d. All necessary permits are obtained.
D. Lots or parcels within the Rural Residential Zone (RR -10)
that are separated by an arterial right-of-way created after
June 30, 1993, shall be exempt from the minimum lot
dimension of ten (10) acres in size. Such parcels may be
partitioned only as separated by the right-of-way and shall
not be smaller than one acre."
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.
ORDINANCE NO. 93-034 2
s
DATED this axC day of
ATTEST:
TI-). N"
Recording Secretary
ORDINANCE NO. 93-034 3
1993.
BOARD OFUNTY COMMISSIONERS
OF DES. T S COUNTY, OREGON
0
N Y POPE S GEN, Commissioner
A)q*
BARRY . SLAUGHTER, Commissioner