1994-36756-Ordinance No. 94-041 Recorded 9/15/1994REVIEWED
3Vj
94-36756 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS .OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 18.84,
* 0137-0001,0
Open Space and Conservation Zone, of
Title 18, the Deschutes County Zoning
Ordinance, and declaring an emergency.
ORDINANCE NO. 94-041
WHEREAS, the Land Conservation and Development Commission issues RemA(pOrdbr 93 -RA -883
requiring Deschutes County to amend Chapter 18.48 of the Deschutes County Code, Open SpacandtConservation
Zone, to make the uses permitted consistent with the uses permitted in exclusive farm use zones by OAR 660-33-
120 and the uses permitted in forest zones by OAR 66-06-025; and
WHEREAS, Remand Order 93 -RA -883 required Deschutes County to amend Chapter 18.48 of the
Deschutes County code, Open Space and Conservation Zone, to make the minimum lot size consistent with the
allowed in exclusive farm use zones by OAR 660-33-100 and in forest zones by OAR 660-06-026; and
WHEREAS, the Deschutes County Planning Commission, after review conducted in accordance with
applicable law, has recommended approval of the proposed amendments to the Board of County Commissioners;
and
WHEREAS, after notice was given and hearing conducted in accordance with applicable law, the Board of
County Commissioners have considered the Planning Commission's recommendation now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS
as follows:
Section 1. ADOPTION OF AMENDMENTS TO SECTIONS 18.48.0020, 18.48.030 AND 18.48.040
OF THE DESCHUTES COUNTY CODE. Section 18.48.020, 18.48.030 and 18.48.040 of the Deschutes County
Code, as amended, is further amended by the provisions set forth in Exhibit "A", attached hereto and by this
reference incorporated herein.
Section 2. ADOPTION OF AMENDMENTS TO SECTION 18.04.020 OF THE DESCHUTES COUNTY
CODE. Section 18.04.020, as amended, is further amended by amending the definition of "Campground" as follows:
"Campground. ound. An area designed for overnight, temporary use where facilities are provided to accommodate
camping for two or more tents or recreational vehicles. A campground shall not include campsite utility
hookups, intensively developed recreational uses such as swimming pools or tennis courts or commercial
activities such as retail stores or gas stations."
Section 3. ADOPTION OF AMENDMENTS TO SECTION 18.04.020 OF THE DESCHUTES
COUNTY CODE. Section 18.04.020, as amended, is further amended by adding the following definition of park:
1 - Ordinance No. 94-041 (09/14/94) M1CROFjLA4 KAP �HE4
SEP 219 S 01994
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013' -0 o3
"Public Park. An area of natural or ornamental quality for outdoor recreation that provides the
resource base for the following activities: picnicking, boating, fishing, swimming, camping and
hiking or nature -oriented recreation such as viewing and studying nature and wildlife habitat, and
may include play areas and accessory facilities that support the activities listed above."
Section 4. SEVERABILITY. The provisions of this ordinance are severable. If any section, sentence,
clause, or phrase 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 exhibit thereto.
Section 5. CODIFICATION. County Legal Counsel shall have the authority to format the provisions
contained herein in a manner that will integrate them into the County Code consistent with the County Legal
Counsel form and style for ordinance codification. Such codification shall include the authority to make format
changes, to make changes in numbering systems and to make such number changes consistent with interrelated code
sections. In addition, as part of codification of these ordinance, County Legal Counsel may insert appropriate
legislative history reference. Any legislative history reference included herein are not adopted as part of the
substance of this ordinance, but are included for administrative convenience and as a reference. They may be
changed to correct errors and to conform to property style without action of the Board of County Commissioners.
Section 6. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES. The repeal,
express or implied, of an ordinance, ordinance provision, or 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 7. 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 J" day of September, 1994.
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
CO]UNTY, OREGON
Chair
TOM THROOP, Commissioner
T:
Recording Secretary BARRY Hi SLAUGHTE , Commissioner
2 - Ordinance No. 94-041 (09/14/94)
013'7-030A
NOTE: New language is underlined and in bold; deleted language is in brackets [ J.
Chapter 18.48
OPEN SPACE AND CONSERVATION
OS&C ZONE
Sections:
18.48.010
Purpose
18.48.020
Uses Permitted Outright
18.48.030
Conditional Uses Permitted
18.48.040
Dimensional Standards
18.48.050 Setbacks
18.48.060 Limitations on Conditional Uses
In an OS&C Zone, the following regulations
shall apply:
18.48.010 Purpose.
The purpose of the Open Space and
Conservation Zone is to protect designated
areas of scenic and natural resources; to
restrict development in areas with fragile,
unusual or unique qualities; to protect and
improve the quality of the air, water and land
resources and to plan development that will
conserve open space. (Ord. 93-043 § 6, 1993)
18.48.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright: (Ord. 91-020 § 1,
1991)
A. Farm use as defined in ORS
215.203(2).
B. Public and non-profit agencies,
museums and exhibits on lands where an
exception has been granted in accordance
with OAR Chapter 660, Division 4.
C. Public wildlife reserve or management
area, not including structures.
[D. Public parks, playgrounds and
recreational areas.l
18.48.030 Conditional Uses
Permitted.
The following uses may be allowed subject to
Chapter 18.128 of this title: (Ord 91-038 § 1,
Chapter 18.48 - Exhibit "A" - Ord. 94-041
1991)
A. [Commercial,] Private parks, picnic
areas or [camp -grounds] hunting and fishing
preserves.
B. [Commercial, private group camping
facility] Public parks and recreational areas
owned and operated by a governmental agency
or non-profit community organization.
C. Utility facility except landfills.
[D. Public or private golf courses.]
D[E]. Water supply and treatment facility.
[F. Commercial recreation use including
marina, riding stable, gun club, recreation
camp and dude ranch. (Ord. 92-004 § 9,
1992)]
[G. Public marina, recreation camp or
resort.]
[H. Public or private rockhound sites.]
E[I]. 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). (Ord. 91-038 §
1, 1991)
F. Campground.
18.48.040 Dimensional Standards.
In an OS&C Zone, the following dimen-
sional standards shall apply:
A. The minimum lot size is 80 acres.
[shall be that determined by the County
Sanitarian to be necessary for the protection
of public health and natural resources.]
B. Building Height. No building or
structure shall be erected or enlarged to
exceed thirty (30) feet in height, except as
allowed under Section 18.120.040. (Ord. 92-
055 § B, 1992)
18.48.050 Setbacks.
A. Minimum setbacks shall be 60 feet
from an arterial or collector street or road
right-of-way and 20 feet from a street within
a platted and recorded subdivision.
B. The setback from a perennial stream
or lake ordinary high water mark shall be a
(09/14/94)
minimum of 200 feet, and from an intermit-
tent stream channel, 100 feet. (Ord. 91-020 §
1, 1991)
C. Each side setback shall be a minimum
of 15 feet, except on a corner lot it shall be 30
feet from the street side.
D. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 13, 1983)
E. Rimrock Setback. Setbacks from
rimrock shall be as provided in Section
18.116.160. (Ord. 86-053 § 10, 1986)
F. In addition to the setbacks set forth
herein, any greater setbacks required by
applicable building or structural codes
adopted by the State of Oregon and/or the
County under Chapter 15.04 of this title shall
be met. (Ord. 94-008 § 28, 1994)
18.48.060 Limitations on Conditional
Uses.
The following limitations shall apply to a
conditional use in an OS&C Zone:
A. An application for a conditional use
in an OS&C Zone may be denied if, in the
opinion of the Planning Director or Hearings
Body, the proposed use is not related to or
sufficiently dependent upon the recreational
resources of the area.
B. The proposed use shall not
significantly increase fire hazard or
significantly increase risks to fire suppression
personnel. The Planning Director or
Hearings Body may require establishment and
maintenance of fire breaks, the use of fire
resistant materials in construction and
landscaping, or attach other similar conditions
or limitations that will reduce fire hazards or
prevent the spread of fire to surrounding
areas.
C. The Planning Director or Hearings
Body may limit changes in the natural grade
of land, or the alteration, removal or destruc-
tion of natural vegetation to prevent or
minimize erosion, pollution or degradation of
the natural attractiveness of the area.
D. An application for a conditional use
in an OS&C Zone shall be denied if, in the
0137-0305
opinion of the Planning Director or Hearings
Body, the proposed use would exceed the
carrying capacity of the area or would be
detrimental to the natural features or
resources of the area.
E. An application for a conditional use
in an OS&C Zone shall be denied if not in
compliance with the Comprehensive Plan.
(Ord. 91-020 § 1 1991)
F. An application for a conditional use
shall be denied if the proposed use would
force a significant change in, or significantly
increase the cost of accepted farming or forest
practices on agriculture or forest lands.
G. Where the proposed use is adjacent to
forest zoned land, a written statement
recorded with the deed or written contract
with the county or its equivalent shall be
obtained from the land owner which
recognizes the right of adiacent and nearby
land owners to conduct forest operations
consistent with the Forest Practices Act and
Rules for uses authorized in OAR 660-06-
025(4)(e), (1), (r), (s) and M.
Chapter 18.48 - Exhibit "A" - Ord. 94-041 2 (09/14/94)