1994-24345-Ordinance No. 94-021 Recorded 6/16/199494-24345
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UFORE THE BOARD OF COUNTY COPD[ISSIONERS OF
REVIEWED
DESCHUTES
LEGAL COUNSEL
*An Ordinance Repealing
*The Deschutes County * # ยข' 1,'' (;4
*Sensitive Bird and Mammal PH 3:29
*Habitat Combining Zone Map
*And Adopting a New Zone Map
*And Declaring An Emergency.
ORDINANCE NO. 94-021 0135-2463
WHEREAS, the Land Conservation and Development
Commission issued a Remand Order 93 -RA -883, requiring
Deschutes County to amend the County Comprehensive Plan
Resource Element, "Fish and Wildlife Inventories Conflict
ESEE Analyses" as adopted by Ordinance 92-041 to adopt site
specific economic, social, environmental and energy
consequence analysis (ESEE) for the inventoried sensitive
bird and mammal habitat sites; and
WHEREAS, the inventory of sensitive bird and mammal
sites has been amended by Ordinance 94-004 and certain sites
zoned Sensitive Bird and Mammal Habitat Combining zone have
been deleted or added to the inventory which requires an
amendment to the Sensitive Bird and Mammal Habitat Combining
Zone Map; and
WHEREAS, public hearings on the proposed zone changes
(File ZC-94-3) have been held in conformance with state law
before the Deschutes County Planning Commission and Board of
County Commissioners for Deschutes County; 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. REPEAL OF SENSITIVE BIRD AND MAMMAL HABITAT
COMBINING ZONE MAP. The Sensitive Bird and Mammal Habitat
Combining Zone map adopted by Ordinance 92-042 is hereby
repealed.
Section 2. ADOPTION OF SENSITIVE BIRD AND MAMMAL
HABITAT COMBINING ZONE MAP. The Sensitive Bird and Mammal
Habitat Combining Zone is hereby adopted as shown on the map
titled "Sensitive Bird and Mammal Habitat Combining Zone"
attached as Exhibit 111".
Section 3. SEVERABILITY. The provisions of
ordinance are severable. If any section, sentence,
or phrase of this ordinance or any exhibit thereto
1 - ORDINANCE - NO. 94-021 (06/15/94)
ter,
7
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this
clause,
1S KEyp
JV 1994
0135-2464
,adjudged to be invalid by a court or competent jurisdiction
that decision shall not affect the validity of the remaining
portions of this ordinance or exhibit thereto.
Section 4. CORRECTIONS. This ordinance may be
corrected by order of the Board of County Commissioners to
cure editorial and clerical errors and to insert appropriate
legislative history.
Section 5. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express or implied, of any
ordinance, ordinance provision, code section, or any map or
any line on a map incorporated therein by reference, by this
amending ordinance shall not release or extinguish any duty,
condition, penalty, forfeiture, or liability previously
incurred or that may hereafter be incurred under such
ordinance, unless a provision of this amending 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 previously violated the repealed ordinance.
Section 6. 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 passage.
DATED this 15th day of , 1994.
AT T:
Recording Secr tary
BOARD OF COUNTY COMIrIISSIONERS OF
DESOHUTES COUNTY, ORTGON
, Chair
I"an,
TOM THROP, Co issioner
BARRY H. SLAUGHTER, Commissioner
2 - ORDINANCE - NO. 94-021 (06/15/94)