1997-22800-Ordinance No. 97-034 Recorded 6/26/19970162-0519
97-22800
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO
An Ordinance Amending Title 18 of the
Deschutes County Code to Adopt a New Zoning *
Map for the Tumalo Rural Community, and
Declaring an Emergency.
ORDINANCE NO. 97-034
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LEGAL COUNSEL
WHEREAS, The Board of County Commissioners has determined that to comply with Periodic
Review and OAR 660-22, amendments to the Deschutes County Comprehensive Plan are required; and
WHEREAS, after notice and hearing as required by law, the Board of County Commissioners
has considered the recommendation of the Planning Commission, now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. AMENDMENT TO THE DESCHUTES COUNTY ZONING MAP FOR TUMALO. Title 18 of
the DCC, as amended, is further amended to adopt a new zoning map for the Tumalo Rural Community
shown on the mylar entitled, Tumalo Rural Community Zoning Map, signed and dated as of this date by
the Board of County Commissioners and by this reference incorporated herein. The Tumalo Rural
Community Zoning Map establishes the zones described by Ordinance No. 97-033.
Section2. FINDINGS. Findings to support this ordinance are set forth in the findings supporting
Ordinance No. 97-031, attached thereto as Exhibit "C" which findings are incorporated by reference
herein.
Section 3. EFFECT OF ZONING MAP AMENDMENT.
A. The adoption of the Tumalo Rural Community Zoning Map described in section 1 of this
ordinance shall have the effect of replacing any existing zoning map as it applies to what has been
known as the Tumalo Rural Service Center.
B. To the extent that the boundaries of the Tumalo Rural Service Center, as previously mapped,
and the Tumalo Rural Community as mapped under this ordinance, do not coincide, this ordinance shall
have the following effect:
1. For those areas included in the Tumalo Rural Community, as mapped herein, but that were
not included within the previous Tumalo Rural Service Center, the ordinance shall have the effect of
changing the zoning district designation to the designation set forth on the zoning map adopted by this
ordinance.
2. For those areas not included in the Tumalo Rural Community, as mapped herein, but that
were included in the Tumalo Rural Service Center as previously mapped, the appropriate adjoining
zoning district designation from outside the unincorporated community boundary shall apply, as set forth
on the zoning map adopted by this ordinance.
Section 4. CODIFICATION. Legal Counsel or the Code Book Review Committee shall have the
authority to format the provisions contained herein in a manner that will integrate them into County Code
consistent with the prescribed form and style for ordinance codification. Such codification shall include
the authority to make format changes, to make changes to numbering systems and to make such
numbering changes with interrelated code sections. In addition, as part of codification of these {ayp ha)
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1997
PAGE 1 OF 2 - ORDINANCE No. 97-034 (6/25/97)
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ordinances, Legal Counsel or the Code Book Review Committee 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. 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 6. REPEAL OF ORDINANCES AFFECTING EXISTING LIABILITIES. The repeal express or
implied, of any ordinance, ordinance provision, code section or any map or line on a map by this
ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability incurred
under such ordinance, unless a provision of this 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, for the purpose
of authorizing the prosecution, conviction and punishment of the person or persons who violated the
repealed ordinance.
Section 7. SEVERABILITY. The provision of this ordinance are severable. If any section,
sentence, clause or phrase of this ordinance or any exhibit or any exhibit thereto 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 8. EMERGENCY. This ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and the this ordinance takes effect on
this passage.
Dated this 5 day of
Recording Secretary
, 1997.
ARD OF COUNTY COMMISSIONERS
DESCHU COUNT !, OREGON
NAN ,`/' OE SC LA G N, hair
ROB ' T L. NIPPER, Comm
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er
LINDA SWEARINGEN, Commissioner
PAGE 2 OF 2 - ORDINANCE No. 97-034 (6/25/97)
PINFHURST RD
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Tumalo Rural Community
Zoning Map
0162-1482
500 1000 1500 2000 Feet
School
Parcels
Rural Community Boundary
Deschutes River
Zoning Designations TuC - Commercial
RD - Research Development
TuR - Residential
TuR5 - Residential 5 Acres
FP - Flood Plain
MUA10 - Multi Use Agriculture
EFUTRB - Exclusive Farm Use Tumalo/Redmond/Bend
Adopted by:
Ordinance 97- 034
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Map Created 3/25/97