1997-09249-Ordinance No. 97-022 Recorded 3/20/19979'7-09
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES C jT1OREGON
97 1-t
An Ordinance Amending Section 18.128.040 (0) * §,
of Title 18 of the Deschutes County Code, As * `' C I G t °'
Amended, and Declaring an Emergency.
f 5G,
ORDINANCE NO. 97-022
WHEREAS, J Bar J Boys Ranch has applied for a text amendment to Section 18.128.040(0) of
Title 18 to establish certain minimum lot sizes for private secondary schools;
WHEREAS, the Deschutes County Planning Commission recommended approval of the proposed
text amendment;
WHEREAS, a hearing was held, after notice given in accordance with law, before the Board of
County Commissioners;
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Section 18.128.040(0) of Title 18 is amended as set forth in Exhibit A
attached hereto and incorporated herein, with new language set out underlined, and language to be deleted in
strike -out.
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,
PAGE 1 - ORDINANCE NO. 97-022 (03/19/97)
M CRCFI�ED
MAR 2, �� 1997
ZR741997
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015E-2349
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.
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 _/63 day of 1997.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
Old' DESCHUTES COUNTY, ()REGON
EN, Chair
L. NIPPER,
Al A L. SWEARINGEN, Commissioner
PAGE 2 - ORDINANCE NO. 97-022 (03/19/97)
0156-2x50
EX MIT A
O. Schools.
1. Nursery schools shall provide and
maintain at least 100 square feet of outdoor play
area per child. A sight -obscuring fence at least
four feet but not more than six feet high shall
separate the play area from adjoining lots.
provide a basie. 840 area e8fisistent with
3-2. Secondary schools shall provide a
ba&ie site area of 10 acres plus one additional acre
for each 100 pupils of predicted ultimate
enrollment.
3. Notwithstanding subsection 2, private
academic secondary schools with an enrollment
of fewer than 50 students shall provide a
minimum site area of one acre for every 10
students of predicted ultimate enrollment, with a
minimum site area of not less than 2 acres.
Chapter 18.128 1 (03/19/97)