1996-24360-Ordinance No. 96-046 Recorded 7/3/199696-24360
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
REVIEWED
DESCHUTES
An Ordinance Amending Title 18, '`'`"
the Deschutes County Zoning * k-0
Ordinance, to Adopt Changes to * (:n
the Text of Chapter 18.64, Rural
Service Center, to Add a New Use * -=? `'
to the List of Uses Allowed in
the Spring River Rural Service
Center and Declaring an Emergency.
ORDINANCE NO. 96-046 r�
WHEREAS, by Ordinance 90-009 and 90-010 the Board of County
Commissioners approved a plan amendment and zone change to create the
Spring River Rural Service Center (Rural Service Center) and took an
exception to Goal 14; and
WHEREAS, the establishment of the Rural Service Center was subject
to certain use restrictions to assure compliance with Goal 14, which
restrictions were accomplished by use of a Limited Use Combining Zone;
and
WHEREAS, the approval of the Limited Use Combining Zone for the
Rural Service Center set out a list of uses allowed within the Rural
Service Center; and
WHEREAS, the list of uses allowed in the Rural Service Center was
amended through Ordinances 96-022 and 96-023 to include an additional
use; and
WHEREAS, James and Gail Smith propose to add an additional use to
the list of uses allowed in the Rural Service Center; and
WHEREAS, the addition of new uses in the Spring River Rural
Service Center requires that a plan amendment and a reasons exception
be adopted and that the attributes of the zone as applied to the
property be changed; and
WHEREAS, by Ordinance 96-045, the Board of County Commissioners
adopted the necessary Goal Exception and Comprehensive Plan Amendment;
and
WHEREAS, the Deschutes County Hearings Officer, after review
conducted in accordance with applicable law, has approved the proposed
Change to the text of Title 18, the Deschutes County Zoning Ordinance
and has forwarded the approval as a recommendation; now, therefore,
N:1CFCOH MEC
1 - ORDINANCE NO. 96-046
0�
Also
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. AMENDMENT TO RURAL SERVICE CENTER CHAPTER. Chapter
18.64 of Title 18, subsection 18.64.120 is amended to add a new use as
set forth in Exhibit A attached hereto and incorporated herein by
reference, with new language in bold faced type.
Section 2. FINDINGS. This ordinance is supported by the decision
of the Hearings Officer dated May 28, 1996, attached to Ordinance
96-045 as Exhibit C, and which is incorporated herein by reference.
Section 3. SEVERABILITY. The provisions of this ordinance are
severable. If any, section, sentence, clause or phrase of this
ordinance is ajudged to be invalid by a court of competent
jurisdiction, that decision shall not affect the validity of the
remaining portions of this ordinance.
Section 4. 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 Deschutes
County Form and Style Manual for Board Documents. Such codification
shall include the authority to make changes in numbering systems and to
make such numbering changes consistent with interrelated code sections.
In addition, as part of codification of these ordinances, County Legal
Counsel may insert appropriate legislative history references. 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 5. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express of 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 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.
2 - ORDINANCE NO. 96-046
015-^1°f
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
ATTEST:
Recording Secretary
day of
3 - ORDINANCE NO. 96-046
1996.
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
H./ SI^UQHTER, C)iair
NANCY POP S GEW Commissiov9er
RO T L. NIPPER, C itmissioner
01 x 5- C 21
Exhibit A
to Ordinance 96-046
18.64.120 Uses Allowed in Spring River Rural
Service Center/Limited Use Combining
Zone.
A. Uses
In the Spring River Rural Service Center/Limited
Use Combining Zone, uses shall be allowed as
follows:
1. Permitted Uses. The following uses and their
accessory uses are allowed outright:
a. Fishing supplies and equipment.
b. Snowmobiling accessories.
C. Marine accessories.
d. General store.
e. Hardware store.
f. Convenience store with gas pumps.
g. Fast food restaurant, cafe, or coffee shop.
h. Recreational rental equipment store.
i. Excavation business.
j. Landscaping business/service.
k. Health care service
2. Conditional Uses. The following uses may be
allowed, subject to Chapter 18.128 of this
Title.
a. Full service gas station with automobile
repair services.
b. Welding shop.
B. Definitions. For the purpose of this section,
the following definitions shall apply:
1. Landscaping business/service: Includes
designing landscapes, site grading and
preparation, placing boulders, planting trees
and shrubbery, installing sod, installing
irrigation systems and equipment, installing
fencing, and landscape maintenance. On-site
cultivation of plants or plant materials, or
any on-site retail sales is not included.
2. Health care service: A busines providing the
diagnosis, treatment and care of physical
and/or mental disease, injury and/or
disability, but not including a hospital
facility or a nursing home as defined in
Chapter 18.04 of this Title.
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 3 day of 1996.
BO OF COUNTY COMMISSIONERS OF
DEASrHHUTES COWrY, OREGON
ATTEST:
Recording Secreta
3 - ORDINANCE NO. 96-046
NANCY POPE S GEN. Chair
BARRY H. SLAUGHTER, Commissioner
RQBERT L. NIPPER, Commissioner