1995-14555-Ordinance No. 95-025 Recorded 5/4/199595-14555
BEFORE THE BOARD OF COUNTY C0194ISSIO
NERS
An Ordinance Amending Chapter 18.16
of the Deschutes County Code, Providing
for Certain Roads, Highways and Other
Transportation Facilities and
Improvements in the Exclusive Farm
Use Zone (EFU), and Declaring an
Emergency.
REVIEWED
LEGAL COUNSEL
OF DESCHUTLM WMW,REGON
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ORDINANCE NO. 95-025 X145-136
WHEREAS, the Land Conservation and Development Commission filed
new administrative rules OAR 660-33-135 on March 1, 1994, relative to
requirements for Agricultural Lands; and
WHEREAS, the newly adopted rules were made effective upon filing;
and
WHEREAS, the county recently amended Chapter 18.16, Exclusive Farm
Use (EFU) Zones, on March 1, 1995, via Ordinance No. 94-026; and
WHEREAS, the newly adopted ordinance did not include provisions
for certain road and highway -related facilities and improvements that
are allowed under applicable state statute and administrative rules;
and
WHEREAS, the Board finds it is in the public interest to provide
for these road and highway -related facilities and improvements in the
EFU zones; and
WHEREAS, public hearings have been held on the proposed amendments
consistent with state and county law; and
WHEREAS, the Deschutes County Planning Commission recommended
adoption of the amendments as proposed; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ORDAINS as
follows:
Section 1. ADOPTION OF AMENDMENTS TO SECTION 18.16.030 OF THE
DESCHUTES COUNTY CODE. Section 18.16.030 of the Deschutes County Code,
as amended, is further amended to add the following:
~DD. Roads, highways and other transportation facilities, and
improvements not otherwise allowed under this Chapter, if an exception
to Goal 3, Agricultural Lands, and to any other applicable goal is
first granted under state law."
Z(;�5
CNED
!l.iC%OfI:.Pr1ED
1 - ORDINANCE NO. 95-025 (05/03/95) 1995
0145-1361
Section 2. SEVERABILITY. The provisions of this ordinance are
severable. If any sentence, clause, or phrase of this ordinance is
found to be invalid by a court of competent jurisdiction that decision
shall not affect the validity of the remaining portions of this
ordinance.
Section 3. 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 references.
Section 4. 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 _-3 day of
ATTEST:
Recording SecretbLry
2 - ORDINANCE NO. 95-025 (05/03/95)
1995.
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
BAI2Y H. SLAUGHTER, Chair
NANCY POP SCT ANGEN, CommisIloner
ROB T L. NIPPER, Comfnfssioner