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1997-22948-Ordinance No. 97-033 Recorded 6/26/1997REVIEWED 0162=0521 LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County * `j Title 18 to Add Chapter 18.67, Tumalo Rural Community Zoning Districts, and *4_ Deleting Chapter 18.104, and Declaring an Emergency. ORDINANCE NO. 97-033 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. REPEAL OF CHAPTER 18.104, "Research and Development Zone," of the Deschutes County Zone is hereby repealed. Section 2. ADOPTION OF CHAPTER 18.67 TO COUNTY CODE. A new Chapter 18.67, Tumalo Rural Community Zoning Districts, is added to Title 18 of the Deschutes County Code as shown in Exhibit "A" attached hereto and by this reference incorporated herein, with new language as underlined type and deleted language in strikeout. Section 3. ADOPTION OF SPECIFICATIONS TABLE. Table 18.67-A, attached hereto as Exhibit `B" and by this reference incorporated herein, is adopted as a part of Chapter 18.67-A. Section 4. 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 5. 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 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 6. 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. 1104ED JUW3 a 1991 97 PAGE 1 OF 2 -ORDINANCE NO. 97-033 (6/25/97)1� 0162-0522 Section 7. 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 8. 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 9. 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 _� day of 1997. BOARD OF COUNTY COMMISSIONERS an: g Secretary PAGE 2 of 2 - ORDINANCE No. 97-033 (6/25/97) Exhibit "A" Chapter 18.67 Tumalo Rural Community Zoning Districts 18.67.010 Purpose. 18.67.020 Residential district. 18.67.030 Residential -5 acre minimum district. 18.67.040 Commercial district. 18.67.050 Research Development district. 18.67.060 Floodplain District 18.67.070 Standards for all Districts. 18.67.080 Roadway Improvements 18.67.010 Purpose. The purpose of this Chapter is to establish standards and review procedures for the future development of the Tumalo Rural Community. Five separate zoning districts are established, each with its own set of allowed uses and district regulations. 18.67.020 Residential MR) district. The Tumalo Residential MR) District allows a mixture of housing types and densities suited to the level of available water and sewer facilities. The purpose of this district is to allow new residential development that is compatible with the rural character of the area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling, or a manufactured home subject to Section 18.116.070 of Title 18. 2. Two-family dwelling. 3. Home occupation that: a. Is carried on within a dwelling only by members of the family who reside in the dwelling: b. Does not serve clients or customers onsite; c. Does not produce odor, dust,lg are, flashing lights or noise, d. Does not occupy more than 25 percent of the floor area of the dwelling, and 0162-0523 e. Does not involve the on -premise display or sale of stock in trade. 4. Agricultural uses as defined in this Title, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total number of such animals over the age of six months is limited to one for each 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals, provided that the total number of such animals over the age of six months does not exceed one for each 500 square feet of property. 5. Class I and H road or street project subject to approval as part of a land partition, subdivision or subject to the standards of section 18.67.080 and 18.116.230 of this Title. 6. Class III road or street project. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and chapters 18.116, 18.124, and 18.128 of Title 18: 1. Multi -family dwelling complex. 2. Retirement center or nursing home. 3. Church. 4. Cemetery 5. Home Occupation as defined in chapter 18.04 of Title 18. 6. Child care center 7. Public or private school. 8. Park. 9. Public or semi-public building. 10. Utility facility. 11. Water supply or treatment facility. C. Lot Requirements. 1. Partitions: a. Subject to the provisions of Section 17.36.170 (A) of Title 17, parcels not served by an approved community, non -community or municipal water system shall have a minimum width of 150 feet with a minimum parcel size of one (1) acre. b. Subject to 17.36.170 (A) of Title 17, parcels served by an approved community, non -community, municipal or public water PAGE 1 OF 8 - ExHmrr "A" TO ORDINANCE No. 97-033 (6/25/97) Exhibit "A" system, shall have a minimum parcel size as follows: 1. For a single-family dwelling the parcel shall have a minimum width of 100 feet and a minimum parcel size of 22,000 square feet. 2. For a two-family dwellingtie parcel shall have a minimum width of 100 feet and a minimum parcel size of 33,000 square feet. 2. Subdivisions: a. For subdivisions involving multi- family dwellings, a manufactured home park or a retirement home, all new lots shall be connected to a DEO-permitted Wastewater Pollution Control Facility. b. For subdivisions involving only single-family and two-family dwellings the standards set forth in section 18.67.020(C)(1) shall apply. D. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local street right-of-way. 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side ,yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to subsection 18.67.020(D)(4) of this Section. 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to subsection 18.67.020(EE)(4) of this Section. 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or parcel contiguous to EFU- zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. 18.67.030 Residential -5 acre minimum (TuR5) District The purpose of the Terrebonne Residential -5 Acre Minimum District is to 0162-0524 The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling or a manufactured home subject to Section 18.116.070 of this Title. 2. Home occupation that: a. Is carried on within a dwelling only by members of the family who reside in the dwelling: b. Does not serve clients or customers onsite: c. Does not produce odor, dust,lg are, flashing lights or noise: d. Does not occupy more than 25 percent of the floor area of the dwelling and e. Does not involve the on -premise display or sale of stock in trade. 3. Agricultural uses as defined in chapter 18.04 of Title 18, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total numbers of such animals over the age of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals over the age of six months, provided that the total numbers of such animals does not exceed one for each 500 square feet of property. 4. Class I and H road or street project subject to approval as part of a land partition, subdivision or subject to the standards of sections 18.67.080 and 18.116.230 of Title 18. 5. Class III road or street project. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of Chapter 18.116, Chapter 18.124, and Chapter 18.128 of Title 18: 1. Church. 2. Home occupation as defined in Chapter 18.04 of Title 18 3. Public or private school. 4. Child care center retain large rural residential lots. 5. Park. A. Permitted Uses. 6. Public or semi-public building. PAGE 2 OF 8 - Exmrr "A" TO ORDINANCE NO. 97-033 (6/25/97) Exhibit "A" 7. Utility facility. 8. Water supply or treatment facility. C. Lot Requirements. The minimum lot or parcel size in the TuR5 District is five (5) acres. D. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local street right-of-way, 30 feet for a property fronting on a collector right-of-way. and 80 feet for a property fronting on an arterial right-of-way_ 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to subsection 18.67.030(E)(4), of this Section. 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to subsection 18.67.030(D)(4) of this Section. 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. 18.67.040. Commercial (TUC) district. The Tumalo Commercial District is intended to allow a range of limited commercial and industrial uses to serve the community and surrounding area. A. Permitted Uses. The followim uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling or duplex. 2. Manufactured home subject to Section 18.116.070 of Title 18. 3. Home occupation that: a. Is carried on within a dwelling by members of the family who reside in the dwelling: b. Does not serve clients or customers onsite: c. Does not produce odor, dust,lg are, flashing lights or noise, d. Does not occupy more than 25 percent of the floor area of the dwelling, and 0162-0525 e. Does not include the on -premises display or sale of stock in trade. 4. Class I and H road or street project subject to approval as part of a land partition, subdivision or subject to the standards of sections 18.67.060 and 18.116.230 of this Title 18. 5. Class III road or street project. B. Uses Permitted. Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and Chapters 18.116 and 18.124 of Title 18: 1. A building or buildings, none of which exceeds 4,000 square feet of floor Mace to be used by any combination of the following uses: a. Retail or service business. b. Eating and/or drinking establishment c. Offices. d. Residential use in the same building as a use permitted in this subsection 18.67.0408)(1). 2. Any of the uses listed under this section proposing to occupy more than 4,000 square feet of floor area in a building subject to the provisions of subsection 18.67.040(E) of this section. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of Chapter 18.116, Chapter 18.124, and Chapter 18.128 of Title 18: 1. Church. 2. Bed and breakfast inn. 3. Child care center. 4. Home occupation as defined in Chapter 18.04 of Title 18. 5. Park. 6. Public or semi-public building. 7. Utility facility. 8. Water supply or treatment facility. 9. Manufactured home/RV park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL -15 in 1979 and being operated as of June 12, 1996 as a manufactured home park or recreational vehicle park, including any expansion of PAGE 3 OF 8 - Exmrr "A" TO ORDINANCE No. 97-033 (6/25/97) Exhibit "A" such uses on the same parcel as configured on June 12, 1996. 10. The following uses and their accessory uses may be conducted in a building or buildings not to exceed 4,000 square feet of floor space. a. Farm equipment, sales, service or repair. b. Trailer sales, service or repair. c. Vehicle service or repair. d. Veterinary clinic. 11. The following uses may be conducted in a building_ or buildings not to exceed 10,000 square feet of floor space: a. Manufacturing or production. b. Wholesale sales D. Use Limitations. The following use limitations shall apply to the uses listed in subsections 18.67.040 (C)(11) of this Chapter. 1. Compatibility. a. Any use expected to generate more than 50 truck -trailer and/or heavy equipment trips per day_ to and from the subject property shall not be permitted to locate on a lot or parcel adjacent to or across a local or collector street from a lot or parcel in a residential district. 2. Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from the premises shall document with facts that the affected transportation facilities are adequate to serve the proposed use, considering the functional classification, capacity and level of service of the affected transportation facility. b. All parking demand generated by uses permitted by this Chapter shall be accommodated entirely on the premises. E. Requirements for Large Scale Uses. 1. All uses listed in Section 18.67.040(B) may have a total floor area exceeding 4,000 square feet but notrg e`ter than 10,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or 0162-0526 the traveling needs of people passing through the area, b. The use will primarily employ a work force from the community and surrounding rural area, and c. It is not practical to contain the proposed use within 4,000 square feet of the floor area. 2. This provision does not apply to uses listed in subsection 18.67.040(C) 10) of this section. 3. For the purposes of this subsection, the surrounding rural area is described as the following_ extending north to the Township boundary between Townships 15 and 16: extending west to the boundary of the public lands managed by the U.S. Forest Service in T16S-R11E, extending south to the south section lines of T17S- R 12E sections 4.5.6 and T 17S -R l l E sections 1,23: and extending east to Highway 97. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to new buildings in the TuC district except those uses listed in subsection 18.67.040(C)(10) and any residential use. The provisions of Chapter 18.124 of Title 18 also apply. a. The windows must be at least 50 percent of the length of the ground level wall area and 25 percent of height of the ground level wall area. Ground level wall area includes all exterior wall area up to 9 feet above the finished grade. The window requirement applies to the ground level of exterior building walls which abut sidewalks or streets. b. Required window areas shall be either windows that allow views into working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. No lot shall be created having less than a minimum of 10,000 square feet. Lot requirements for this district shall be determined by spatial requirements for PAGE 4 of 8 - Exmrr "A" To ORDINANCE No. 97-033 (6/25/97) Exhibit "A" sewage disposal, required landscaped areas and off-street parking_ H. Dimensional Standards. 1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. 2. No use listed in subsection 18.67.040(C)(10) that is located adjacent to or across a local or collector from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage, or off-street parking and loading areas. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by Section 18.124.070(C)(3)(b) of Title 18. The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to 18.67.040(I)(4) of this section. 3. Rear Yard. No specific requirement, subject to 18.67.040 (I)(4) of this section. 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures or substantial alteration of a structure requiring a building permit on a lot adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. 0162-052'7 18.67.050 Research Development District The purpose of the Research Development District is to allow research and development facilities requiring a more rural, nonindustrial location to be located in designated areas of the county and encourage employment opportunity within the county while protecting the rural character of the area, as well as preserving or enhancing the air, water and land resources of the area. A. Uses permitted outright. The following uses and their accessory uses are permitted outright: 1. Farming, except for livestock feed lot or sales yard, hog or mink farms. 2 Office buildings associated with research and development. 3. Research and development laboratories. 4. Residence for caretaker or night watchman on property with existing research and development use. 5. Class I and II road or street moiect subject to approval as part of a land partition, subdivision or subject to the standards of sections 18.67.080 and 18.116.230 of Title 18. 6. Class III road or street project. B. Conditional Uses. The following uses and their accesso uses are permitted subject to the applicable provisions of Chapter 18.116, Chapter 18.124, and Chapter 18.128 of Title 18: 1. Manufacturing and assembly of electronic instruments and eauinment and electrical devices 2. Manufacturing and assembly of _precision instruments, tools or devices. 3. Manufacturing of medicines and pharmaceuticals. 4. Limited incidental manufacture of a research product. 5. Restaurant and cafeteria facilities for employees. 6. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to sections 18.120.050 and 18.128.040(W). PAGE 5 of 8 - Exmrr "A" To ORDINANCE No. 97-033 (6/25/97) Exhibit "A" 0162-0528 C. Use limitations. land resource quality and to protect adjoining The following limitations and standards and area land uses. shall apply to all permitted uses: 1 Any use on a lot adjacent to or across a street from a residential use or lot in a platted subdivision or residential zone shall not emit odor, dust, fumes, glare, flashing lights, noise or other similar disturbances perceptible without instruments more than 200 feet in the direction of the affected residential use or lot. 2. All parking demand created by any use pennitted by this section shall be accommodated on the applicant's premises entirely off-street. 3 No use permitted by this section shall require the backing of traffic onto a public or private street or road right of waE. 4. There shall be only one ingress. 5. All uses shall be screened from adjoining residential uses by densely planted trees and shrubs or sight -obscuring fencing. 6. No use shall be permitted to operate between the hours of 11:00 p.m. and 7:00 a.m. if located adjacent to or across the street from a residential use or lot in a platted subdivision or residential zone if the use creates noise in violation of the County Noise Ordinance except as provided by section 8.08.090(A) of the County Code. 7. No use shall be permitted which has been declared a nuisance by state statute, county ordinance or court of competent jurisdiction. No use requiring contaminant discharge permits shall be approved by the Planning Director or Hearings Body prior to review by the applicable state or federal pennit-reviewing authority, nor shall such uses be permitted adjacent to or across the street from a residential use or lot. D. Dimensional standards. In the RD District, the following dimensional standards shall apply: 1. The minimum lot size shall be determined subject to the provisions of this section relative to setback requirements, off- street parking and loading, and as deemed necessary by the Planning Director or Hearings Body, to maintain air, water and 2 No use which is located adjacent to or across a street from a residential use or lot in a platted subdivision or residential zone shall exceed more than 70 percent lot coverage by all buildings, storage areas or facilities, and required off-street parking and loading areas. 3. The minimum building setback between a structure and a street, road or railroad right-of-way line shall be 50 feet unless a greater setback is required for compliance with Comprehensive Plan policies. 4 The minimum setback between a structure and a property line adjoining a residential lot or use in a platted subdivision or residential zone shall be 50 feet. 5. The minimum setback between a structure and an existing use shall be three feet from the property line and six feet from a structure on the adjoining property. 6. The maximum building height shall be 25 feet on any lot adjacent to or across the street from a residential use or lot in a platted subdivision or residential zone. 7. The minimum lot frontage shall be 50 feet. E. RD Site design. The site design of any permitted use shall make the most effective use reasonably possible of the site topography, existing landscaping and building placement so as to preserve existing trees and natural features, preserve vistas and other views from public was and neighboring residential uses and to minimize intrusion into the character of existing developments in the immediate vicinity of the proposed use. F. Design and use criteria. In the consideration of an application for a proposed use, the Planning Director or Hearings Body shall take into account the impact of the proposed use on nearby residential and commercial uses, on resource carrying capacities and on the capacity of transportation and other public facilities and services. In approving a proposed use, the PAGE 6 of 8 - ExHmrr "A" To ORDINANCE No. 97-033 (6/25/97) Exhibit "A" Planning Director or Hearings Body shall find that: 1. The proposal is in compliance with the Comprehensive Plan. 2. The proposal is in compliance with the intent and provisions of this title. 3. That any adverse social, economical, physical or environmental impacts are minimized. G. Additional requirements. As a condition of approval, the Planning Director or Hearings Body may require: 1. An increase in required setbacks. 2. Additional off-street parking and loading facilities. 3. Limitations on signs or lighting, hours of operation, and points of ingress and egress. 4. Additional landscaping, screening and other improvements. 5. Any other conditions considered necessary to achieve compliance with the intent and purposes of this title and policies of the Comprehensive Plan. 18.67.060 Flood Plain District All uses within this district shall be subject to the applicable provisions in Chapter 18.96 of Title 18. 18.67.070. Standards for all Districts. A. Solar Setback. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180 of Title 18. B. Building Code Setbacks. In addition to the setbacks set forth herein, anyrg eater setbacks required by the applicable building or structural codes adopted by the State of Oregon and/or the County under Chapter 15.04 of Title 15 shall be met. C. Off -Street Parking and Loading Off-street parking and loading shall be provided subject to the applicable provisions of Chapter 18.116 of Title 18. D. Lot Coverage. Except where otherwise noted, the primate and accessory buildings located on any lot or parcel shall 0162-0529 not cover more than 30 percent of the total lot or parcel. E. Building Height. Except where otherwise indicated, no building or structure shall be erected or enlar eg d to exceed (30) feet in height, except as allowed under section 18.120.040 of Title 18. F. Rimrock Setback. Setbacks from the rimrock are subject to the applicable provisions of Section 18.116.160 of Title 18. G. River setback. All new structures or additions to existing structures within 100 feet from the ordinary high water mark of designated streams and rivers are subject to the applicable provisions of Section 18.120.030 of Title 18. For the purpose of this section, decks are considered part of a structure. 18.67.080. Right-of-way development standards. A. Applicability. The standards in this section shall, in conjunction with the provisions of Chapters 17.36, 17.40 and 17.48 relating to improvements in the right- of-way, apply to improvements in the right- of-way required by land use approvals. Right-of-way improvements shall be those authorized by subdivision, partition, conditional use or site plan requirements, as applicable. The standards set forth in this section shall govern over any conflicting standards set forth in Title 17. B. Road Access. For properties abutting Highway 20, when there is a choice to take access from a road other than Highway. 20, no access shall be taken from Highway 20. C. Roadways. Any roadway improvement shall conform to the applicable provisions of Title 17, Table 18.67-A and the functional classification assigned to the road segment by the Comprehensive Plan for the Tumalo Rural Community. D. Bikeways. Required bikeway improvements shall conform to the PAGE 7 of 8 - ExHmrr "A" To ORDINANCE No. 97-033 (6/25/97) Exhibit "A" 0162;-0530 standards set forth in Section 17.48.140 and applicable specifications of Table 18.67-A of this chapter. E. Sidewalks. 1. Sidewalks shall meet the standards set forth in Table 18.67-A. Sidewalks are required only where specified in the Comprehensive Plan Map for Tumalo, Man Dl "Planned Pedestrian Improvements." 2. Sidewalks may be constructed either at the time of development or may be deferred until later through formation of a local improvement district. Applicants electing to defer sidewalk construction shall be required as a condition of approval to submit and have recorded a waiver of remonstrance signedy the land owner waiving the land owner's rights to have any objection to LID formation counted against formation of the LID. F. Drainage. Drainage facilities shall be required if necessary to meet the standard of Section 17.48.190. Where specified in Table 18.67-A drainage shall be accomplished by swales constructed in accordance with the specifications set forth in Table 18.67-A and the drawing set forth in Chapter 17.48. 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