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2003-18-Ordinance No. 2003-002 Recorded 1/10/2003REVIEWED LEGAL COUNSEL REV4EWED ( 0Z CODE COMMITTEE DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL IIIIIIIII IIIIII�IIIIIIIIIIII) I I III 2003-000018 CLERK°S CJ 1003-18 01/10/2003 08;15;21 AM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 18, Deschutes County Zoning Ordinance, of the Deschutes * ORDINANCE NO. 2003-002 County Code to amend lot coverage and setback requirements in the La Pine Residential District. WHEREAS, Sanderson Company Inc. has initiated an amendment to Title 18, the Deschutes County Zoning Ordinance, of the Deschutes County Code (File Number TA -02-8) to establish new setback and lot coverage standards within the La Pine Residential District (LPR); and WHEREAS, the Deschutes County Planning Commission conducted a public hearing on the proposed text amendments, and forwarded the proposed amendments to the Board of County Commissioners with a recommendation that said amendments be adopted; and WHEREAS, the existing setback and lot coverage standards reflect historically larger minimum lot sizes due to the unavailbility of sewer and water service; and WHEREAS, the proposed text amendments to Title 18 of the Deschutes County Code are desirable because the La Pine Residential District is now served by both sewer and water districts and the minimum lot size in the La Pine Residential District is now 5,000 square feet is size; and WHEREAS, the existing lot coverage and setback requirements within the La Pine Residential District may hinder efficient future residential development; and WHEREAS, the proposed changes to the La Pine Residential District will allow for standard urban development in the La Pine UUC, consistent with those found in the City of Bend; and, WHEREAS, after notice was given and hearings conducted on November 27, 2002 for File Number TA -02-8 before the Deschutes County Commissioners in accordance with applicable law, the Board of County Commissioners has considered the proposed amendments; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC subsections 18.61.030(A)(4) and 18.61.030(A)(5) are amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ilcgretrgk. /// PAGE 1 OF 2 - ORDINANCE NO. 2003-002 (1/08/03) DATED this P-11 day of P , 2003. BOARD OF COUNTY COMMISSIONERS OF DESCHU COUNTY, OREGON D IS R. LUKE, Chair TOM DEWOLF, Co isloner MIH EL M. DALY, C76ssioner R Date of 1St Reading: 4' day of : 2002. Date of 2nd Reading: 0t day of y , 2003. Record of Adoption Vote Commissioner Yes No Abstained Excused Tom DeWolf t -- Dennis Dennis R. Luke Michael M. Daly tl-- Effective date: 0 ' day of , 2003. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2003-002 (1/08/03) EXHIBIT "A„ application of chemicals and disposal * * * of slash. 2. Conditional Uses Permitted. The 18.61.030. La Pine Planning Area. following uses may be allowed subject to The La Pine Planning Area is composed of eight applicable provisions of DCC 18.61 and zoning districts, each with its own set of allowed DCC 18.116, Supplementary Provisions, uses and regulations, as further set forth in DCC DCC 18.124, Site Plan Review, and DCC 18.61.030. 18.128, Conditional Use: A. La Pine Residential District. a. Multi -family dwelling with three or 1. Uses Permitted Outright. The following more units. uses and their accessory uses are b. Park, playground and community permitted outright: building. a. Single-family dwelling. c. Utility facility, except landfill. b. Manufactured home subject to DCC d. Excavation, grading and fill and 18.1.16.070. removal within the bed and banks of c. Two-family dwelling or duplex. a stream or river or in a wetland. d. Agricultural use as defined in DCC e. Home occupation. Title 18, subject to the following f. Church. limitations: g. School. 1. Cows, horses, goats or sheep h. Manufactured. home park. shall not be kept on lots having i. Multi -family dwelling complex. an area less than 20,000 square j. Cluster development. feet. The total number of all k. Nursery school, kindergarten and day such animals over the age of six care facility. months shall be limited to the 1. Nursing home. square footage of the lot divided m. Public use. by 20,000. n. Residential care facility for more 2. The number of chickens, fowl or than 15 people. rabbits over the age of six o. Wireless telecommunications months shall not exceed one for facilities, except those facilities each 500 square feet of land. meeting the requirements of DCC e. Class I and H road or street project 18.116.250(A) or (B). subject to approval as part of a land 3. Lot Sizes. partition, subdivision or subject to a. Partitions: the standards and criteria established 1. Parcels served by an approved by DCC 18.116.230. community, municipal or public f. Class III road and street project. water system and an approved g. Excavation, grading or fill and community or public sewage removal activities involved in system shall have a minimum creation of a wetland in areas not width of 50 feet and a minimum requiring a conditional use permit for area of 5,000 square feet. fill or removal. 2. Parcels served by an approved h. Forest operation and forest practice community, non -community, including, but not limited to, municipal or public water reforestation of forest land, road system, but not by sewer, shall construction and maintenance, have a minimum width of 100 harvesting of a forest tree species, feet and a minimum area of 22,000 square feet. PAGE 1 of 2 — EXHIBIT "A" TO ORDINANCE NO. 2003-002 (1/08/03) 4. 5. 3. Parcels not served by either an approved community, municipal or public water system or an approved community or public sewage system shall have a minimum width of 150 feet with a minimum area of one acre. In addition, all lots must meet DEQ on-site sewage disposal rules. b. Subdivisions: For subdivisions, cluster developments or manufactured home parks, the following standards shall apply: 1. All new lots shall be connected to a Department of Environmental Quality permitted community or municipal sewer system. 2. Minimum lot size for a residential subdivision shall be 5,000 square feet. Maximum residential lot size for a subdivision shall be 15,000 square feet. Dimensional Standards. The following dimensional standards shall apply: a. Lot Coverage. The main building and accessory buildings located on any building site or lot shall not cover more than 36 35 percent of the total lot area. b. Building Height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as approved under DCC 18.120.040. Yard and Setback Requirements. a. Front Yard. The minimum front yard shall be 20 feet, or 10 feet if a garage or carport is located a minimum of 20 feet from the front property line, and the lot fronts on a public or private street b. 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. A street side yard shall he a minimum of 10 feet. A parcel or lot with a side yard adjacent to zoned forest land shall have a minimum side yard of 100 feet. c. Rear Yard. The minimum rear yard shall be 2610 feet, or 5 feet if there is vehicular access to the rear prapeM line- except A_parcel or lot with a siderear yard adjacent to zoned forest land shall have a minimum rear yard of 100 feet. (Ord. 2003-002 § 1, Ord. 2002-033 § 1, Ord. 2001-044 § 3, 2001; 2001-016 § 2, 2001; Ord. 2000-015 § 2, 2000; Ord. 97-063 § 3, 1997; Ord. 97-041 § 1, 1997; Ord. 97-017 § 4, 1.997; Ord. 96-003 § 1, 1996) PAGE 2 of 2 — EXHIB.IT "A" TO ORDINANCE NO. 2003-002 (1/08/03)