1995-09629-Ordinance No. 95-001 Recorded 3/29/1995REVIEWED
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9 `O9E29 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending the Deschutes 0138-0863 , 16ti
County Code Title 18, Chapter 18.88, -7-
the Wildlife Habitat Combining Zone�t
and Declaring an Emergency.
ORDINANCE NO. 95-001
WHEREAS, The Board of County Commissioners has determined that the intention of
limiting certain conditional uses in the Wildlife Habitat Combining zone, as amended by Ordinance
92-042 (August 5, 1992), was to restrict the establishment of certain new uses in the zone; and,
WHEREAS, it was not the intention of Ordinance 92-041 to prohibit expansion of uses
that were existing and legally established at the time Ordinance 92-042 was adopted; and,
WHEREAS, after notice and hearings as required by law, the Board of County
Commissioners has considered the recommendations of the Planning Commission; now therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON ORDAINS as follows:
Section 1. ADOPTION OF AMENDMENTS TO CHAPTER 18.04 OF THE DESCHUTES
COUNTY CODE. SECTION 18.04.030„ Definitions, of the Deschutes County Code, as amended,
is further amended to add the following definition of 'Driveway":
"Driveway. A way created to provide vehicular access from a public or private road to
a garage or parking area."
Section 2. ADOPTION OF AMENDMENTS TO CHAPTER 18.04 OF THE DESCHUTES
COUNTY CODE. The definition of 'Road or Street" in Section 18.04.030, of the Deschutes County
Code, as amended, is further amended to delete text as follows (deleted text is in brackets []):
"Road or street. A public or private way created to provide ingress or egress to one or
more lots, parcels, areas or tracts of land [excluding a private way created to provide
ingress or egress to such land in conjunction with the use of such land for forestry, mining
or agricultural purposes].
Section 3. ADOPTION OF AMENDMENTS TO CHAPTER 18.88 OF THE DESCHUTES
COUNTY CODE. Section 18.88.040 of the Deschutes County Code, as amended is further amended
as set forth in Exhibit "A".
KEY U �HE�
1 - ORDINANCE NO. 95-001 (March 29, 1995) .Z 91995 ' cr
0138-0864
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 numbering changes consistent with interrelated code section. In addition, as part of codification
of these ordinances, County Legal Counsel may insert appropriate legislative history reference. Any
legislative history references 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 proper style without action of the Board of County
Commissioners.
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 O?q day of 1995.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ST:
L)A-J
Recording Secreta
2 - ORDINANCE NO. 95-001 (March 29, 1995)
BARRY H JSLA HTER,C air
i
NANCY*POES , LANGEN, Comm sioner
NANCY
RO RT L. NIPPER, Com s oner
0138-0865
NOTE: Additions are in bold and underlined; and deletions are bracketed [ ]
EXHIBIT "A"
CHAPTER 18.88
WILDLIFE AREA COMBINING WA ZONE
Sections:
18.88.010
Purpose
18.88.020
Application of Provision
18.88.030
Uses Permitted Outright
18.88.040
Uses Permitted
Conditionally
18.88.050
Dimensional Standards
18.88.060
Siting Standards
18.88.070
Fencing Standards
In any zone which is a Wildlife Area
Combining Zone (WA), the requirements and
standards of this chapter shall apply in
addition to those specified in this title for such
underlying zone. If a conflict in regulations or
standards occurs, the provisions of this section
shall govern except that the larger minimum
lot size shall always apply. (Ord. 93-043 § 13,
13A, 1993)
18.88.010 Purpose
The purpose of the Wildlife Area Combining
Zone is to conserve important wildlife areas in
Deschutes County; to protect an important
environmental, social and economic element
of the area; and to permit development
compatible with the protection of the wildlife
resource.
18.88.020 Application of
Provisions
The provisions of this section shall apply to
all areas identified in the Comprehensive Plan
as a winter deer range, significant elk habitat,
antelope range or deer migration corridor.
Rural service centers are exempt from the
provisions of this title.
18.88.030 Uses Permitted Outright
In a zone with which the WA Zone is
combined, the uses permitted outright shall be
those permitted outright by the underlying
zone.
18.88.040 Uses Permitted
Conditionally
A. Except as provided in Section B, in a
zone with which the WA Zone is combined,
the conditional uses permitted shall be those
permitted conditionally by the underlying zone
subject to the provisions of the
Comprehensive Plan, Section 18.128 of this
title and other applicable sections of this title.
B. The following uses are not permitted
in the WA zone as conditional uses:
1. Golf course, not included in a
destination resort;
2. Commercial dog kennel;
3. Church;
4. Public school or private school;
5. Bed and breakfast inn;
6. Dude ranch;
7. Playground, recreation facility or
community center owned and operated by a
government agency or a non-profit community
organization;
8. Timeshare unit;
9. Veterinary clinic; (Ord. 94-053 § 5,
1994)
10. Fishing lodge.
C. Expansion of any use listed in
subsection B of this section that was lawfully
established prior to August 5, 1992, is
allowed, subject to provisions of Title 18
applicable to the establishment of such uses.
Expansion of golf courses under this
subsection shall be limited to a final size of
18 holes.
[C]D. An application for a destination
resort, or any portion thereof, in a Wildlife
Area Combining Zone shall not be accepted
pending completion of the County's Goal 8
destination resort mapping process.
Ordinance 95-001 - Exhibit "A" 1 (03/29/95)
18.88.050 Dimensional Standards
In a WA Zone, the following dimensional
standards shall apply:
A. In the Tumalo, Metolius, North
Paulina and Grizzly deer winter ranges
designated in the Comprehensive Plan
Resource Element, the minimum lot size for
new parcels shall be 40 acres except as
provided in section "D".
B. In areas designated as significant elk
habitat in the Comprehensive Plan Resource
Element, the minimum lot size for new parcels
shall be 160 acres.
C. In areas designated as antelope range
in the Comprehensive Plan Resource Element,
the minimum lot size for new parcels shall be
320 acres.
D. Residential land divisions, including
partitions, in deer winter range where the
underlying zone is RR -10 or MUA-10, shall
not be permitted except as a planned
development or cluster development
conforming to the following standards:
1. The minimum area for a planned or
cluster development shall be at least 40 acres.
2. The planned or cluster development
shall retain a minimum of 80 percent open
space and conform with the provisions of
Sections 18.128.040(P) or (Q).
3. Notwithstanding the provisions of
Title 18.128.040(P) or (Q), or Title
18.60.060(C), the total number of residences
in a cluster development may not exceed the
density permitted in the underlying zone.
E. Residential land divisions, including
partitions, in the Bend/La Pine Deer
Migration Corridor where the underlying zone
is RR -10 shall not be permitted except as a
cluster development conforming to the
following standards:
1. The minimum area for a cluster
development shall be at least 20 acres.
2. The cluster development shall retain
a minimum of 80 per cent open space and
conform with the provisions of Section
18.128.040(P) or (Q).
3. Notwithstanding the provisions of
Title 18.128.040(P), or Title 18.60.060(C), the
0138-0866
total number of residences in the cluster
development may not exceed the density
permitted in the underlying zone.
18.88.060 Siting Standards
A. Setbacks shall be those described in
the underlying zone with which the WA Zone
is combined.
B. The footprint, including decks and
porches, for [N]new dwellings shall be located
entirel within 300 feet of public roads [or
easements or], private roads or recorded
easements for vehicular access existing as of
August 5, 1992 unless it can be found that:
1. Habitat values (i.e., browse, forage,
cover, access to water) and migration
corridors are afforded equal or greater
protection through a different development
pattern; or,
2. The siting within 300 feet of such
roads or easements for vehicular access would
force the dwelling to be located on irrigated
land, in which case, the dwelling shall be
located to provide the least possible impact on
wildlife habitat [possible] considering browse,
forage, cover, access to water[,] and migration
corridors, and minimizing length of new access
roads[.] and driveways; or,
3. The dwelling is set back no more than
50 feet from the edge of a driveway that
existed as of August 5, 1992.
C. For purposes of subsection B of this
section:
A private road, easement for
vehicular access or driveway will conclusively
be regarded as having existed prior to August
5, 1992 if the applicant submits any of the
following:
(a) A copy of an easement
recorded with the County Clerk prior to
August 5, 1992 establishing a right of ingress
and egress for vehicular use;
An aerial photograph with
proof that it was taken prior to August 5,
1992 on which the road, easement or
driveway allowing vehicular access is visible;
(c) A map published prior to
August 5, 1992 or assessor's map from prior
Ordinance 95-001 - Exhibit "A" 2 (03/29/95)
0138-0867
to August 5, 1992 showing the road (but not
showing a mere trail or footpath).
An applicant may submit any other
evidence thought to establish the existence of
a private road, easement for vehicular access
or driveway as of August 5, 1992 which
evidence need not be regarded as conclusive.
18.88.070 Fence Standards
The following fencing provisions shall apply
as a condition of approval for any new fences
constructed as a part of development of a
property in conjunction with a conditional use
permit or site plan review.
A. New fences in the Wildlife Area
Combining Zone shall be designed to permit
wildlife passage. The following standards and
guidelines shall apply unless an alternative
fence design which provides equivalent wildlife
passage is approved by the County after
consultation with the Oregon Department of
Fish and Wildlife:
1. The distance between the ground and
the bottom strand or board of the fence shall
be at least 15 inches.
2. The height of the fence shall not
exceed 48 inches above ground level.
3. Smooth wire and wooden fences that
allow passage of wildlife are preferred.
Woven wire fences are discouraged.
B. Exemptions:
1. Fences encompassing less than 10,000
square feet which surround or are adjacent to
residences or structures are exempt from the
above fencing standards.
2. Corrals used for working livestock.
(Ord. 92-042 § 1, 1992)
Ordinance 95-001 - Exhibit "A" 3 (03/29/95)
