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1996-42347-Ordinance No. 96-083 Recorded 11/15/19960156-0301 R�vi�w�u LEGP,,t_ CTMISEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Section 18.72.050, Lot size, of the Deschutes County Code, and Declaring an Emergency. ORDINANCE NO. 96-083 ~~ THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,` -OREGON, ORDAINS as follows: Section 1. Amendment. Section 18.72.050, Lot size, is hereby amended to read as set forth in Exhibit A, attached hereto and incorporated herein, with new language in Redline type and language to be deleted in Strikeout type. Section 2. Severability. The provisions of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance 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. Section 3. 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 such changes, 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 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 4. Repeal of Ordinances as Affecting Existing Liabilities. The repeal, express or 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 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under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition,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. PAGE 1 - ORDINANCE NO. 96-083 (11-13-96) K U SHED /J:iG: rfifllEQ NOV 2 21996 NOV 1996 0156=0362 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 13th day of November, 1996. ATTEST: Recording Secre ary BOARD OF COUNTY COMMISSIONERS OFADESCHUTES_COUNTY, *EGON Y POF S HI,' GEN, C , Comm3,ssi.oner T L. NIPPER, ComnAtsioner PAGE 2 - ORDINANCE NO. 96-083 (11-13-96) EXHIBIT A Ordinance 96-083 18.72.050. Lot size. A. The minimum average width of lots served by an approved community, municipal or public water system and an approved community or public sewage system shall not be less than 50 feet with a minimum lot size of 6,000 square feet. B. The minimum average width of lots served by either an approved community, municipal or public water system or an approved community or public sewage system, but not served by both, shall not be less than 100 feet with a minimum lot size of 15,000 square feet. C. The minimum average width of lots not served by either an approved x< #pMd':xommunity or public sewage system shall be 150 feet with a minimum lot size of five acres. D. The setback from the north lot line shall meet the solar setback requirements in section 18.116.180. E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building codes shall be met. (Ord. 95-075 § 1, 1995; Ord. 83-037 § 19, 1983) Chapter 18.72. RURAL SERVICE RESIDENTIAL - 5 RSR -5 ZONE 18.72.010. Purpose. 18.72.020. Uses permitted outright. 18.72.030. Conditional uses permitted. 18.72.040. Limitations on uses. 18.72.050. Lot size. 18.72.060. Other standards. 18.72.010. Purpose. The purpose of the Rural Service Residential -5 Zone is to maintain the rural character of the area in the immediate vicinity of a rural service center while allowing for increased density because of that proximity, but assuring densities are compatible with the services available as well as the land and natural resources of the area. (Ord. 91-020 § 1, 1991) 18.72.020. Uses permitted outright. The uses and their accessory uses permitted outright in the RSR -M Zone, subject to the conditions of section 18.72.040, below. (Ord. 91-020 § 1, 1991) 18.72.030. Conditional uses permitted. Uses permitted conditionally in an RSR -M Zone. 18.72.040. Limitations on uses. The following limitation shall apply to uses permitted by section 18.72.020 above: A. Cows, horses, goats or sheep cannot be kept on lots having an area of less than 20,000 square feet. The total number of all such animals (other than their young under the age of six months) shall be limited to the square footage of the lot divided by 20,000 square feet, which is the minimum area per animal. B. The number of chickens, fowl or rabbits over the age of six months shall not exceed one for each 500 square feet of land. C. All livestock shall be located a minimum of 100 feet away from a residential i -1 rVb.-n a? - building on an adjacent lot. (Ord. 91-020 § 1, 1991) 18.72.050. Lot size. A. The minimum average width of lots served by an approved community, municipal or public water system and an approved community or public sewage system shall not be less than 50 feet with a minimum lot size of 6,000 square feet. B. The minimum average width of lots served by either an approved community, municipal or public water system or an approved community or public sewage system, but not served by both, shall not be less than 100 feet with a minimum lot size of 15,000 square feet. C. The minimum average width of lots not served by either an approved community, municipal or public water system or an approved community or public sewage system shall be 150 feet with a minimum lot size of five acres. D. The setback from the north lot line shall meet the solar setback requirements in section 18.116.180. E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building codes shall be met. (Ord. 96-083 § 1, 1996; Ord. 95-075 § 1, 1995; Ord. 83-037 § 19, 1983) 18.72.060. Other standards. The conditions contained in sections 18.68.060, 18.68.070, 18.68.080, 18.68.090 and 18.68.100 shall apply in the RSR -5 Zone. (Ord. 86-053 § 16, 1986) Chapter 18.72 1 (11/1996)