1995-44149-Ordinance No. 95-077 Recorded 12/21/1995REVIEWED
-A
LEGAL COUNSEL
0148-1629
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 18.116
and 18.140 of the Deschutes County
Code, to Require Establishment of
Primary Use Prior to Issuance of
Permits for Accessory Structures and
Declaring an Emergency.
ORDINANCE NO. 95-077
WHEREAS, Deschutes County has a documented problem with garages, barns and shops
being illegally converted into dwellings without permits; and
WHEREAS, restricting the issuance of building permits for accessory structures until
a primary use has been established or applied for should reduce the number of illegal
conversions of accessory structures to dwellings; and
WHEREAS, the Board finds it is in the public interest for health and safety to assure
that buildings used as dwellings obtain all the required building and environmental health
permits; and
WHEREAS, public hearings have been held on the proposed amendments consistent with
state and county law; and
WHEREAS, the Code Enforcement Task Force and 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 18.116.040 OF THE
DESCHUTES COUNTY CODE. Section 18.116.040 of the Deschutes County Code, as
amended, is further amended to add the following:
An accessory use shall comply with all requirements for a principal use, except as this
ordinance specifically allows to the contrary, and shall comply with the following limitations:
Ordinance 95-077 1 )VICROFILMED ►; ��0 12/20/95
DEC 2 1995
0 C30
A. The primary use of the property must be established or applied for prior to
issuance of any building or land use permits for an accessory structures.
1. Exception:
a. Building permit for a ramada or carport may be issued without
establishment or application of primary use if all other criteria
for issuance are meta
b. Land use, building or environmental health permits or
extensions of such permits sought to correct existing code
violations for the subject property shall be issued if all other
criteria for issuance are met.
B[A]. A side yard or rear yard may be reduced to five feet for an accessory structure
erected more than 65 feet from a front lot line, provided the structure is detached from other
buildings by five feet or more and does not exceed a height of one story nor an area of 450 sq.
ft.
C[B]. Boats and trailers, travel trailers, pickup campers or coaches, motorized dwellings
and similar recreational equipment may be stored on a lot but not used as an accessory use an
any zone provided that:
a. In a residential zone, parking or storage in a front yard or in a side yard adjoining
a street other than an alley shall be permitted only on a driveway.
b. Parking or storage shall be at least three feet from an interior side lot line.
D[C]. A manufactured home may be stored on an individual lot subject to obtaining a
zoning approval from the Planning Division and subject to the following:
a. Storage period shall not exceed one year.
b. No utilities other than electric may be connected.
C. The mobile home shall not be inhabited.
d. The subject lot is not located in a CH, Conventional Housing Combining, zone.
(Ord. 91-038 § 1, 199 1)
Section 2. ADOPTION OF AMENDMENT TO SECTION 18.04.030 OF THE
DESCHUTES COUNTY CODE. Section 18.04.030 of the Deschutes County Code as amended,
is further amended to add the following definitions:
Carport: A structure used to shelter a vehicle, having no enclosed uses above
and entirely open on two or more sides.
Ordinance 95-077 2 12/20/95
0148-1631
Ramada: A stationary structure having a roof extending over a manufactured
structure which may also extend over a patio or parking space of
motor vehicles and is used principally for protection from snow, sun
or rain. A ramada is open on two or more sides and has no enclosed
uses.
Section 3. ADDITIONS AND DELETIONS. Additions are set forth in bold faced
type and deletions are bracketed [ ] .
Section 4. 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 decisions shall not affect the validity of the remaining portions of this ordinance.
Section 5. CORRECTIONS. This ordinance may be corrected by order of the Board
of County Commissioner to cure editorial and clerical errors and to insert appropriate legislative
history references.
Section 5. 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 c2Q day of 1995.
ATTEST:
( 2,
Recording Secretary
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
Chair
NANCY O vssioner ,
R6#tRT L. NIPPER, ConuffisConer
Ordinance 95-077 3 12/20/95