34-731-Ordinance Recorded 6/10/1980VOL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of Uses ) AMENDMENT TO COUNTY
Allowed in the MUA Zone ) ORDINANCE NO. PL -15
WHEREAS, County Zoning Ordinance PL -15 does not allow cemeteries,
mausoleums or crematories in the MUA zone; and
WHEREAS, this matter has been considered in a public hearing held
May 13, 1980; and
34 me M
WHEREAS, the County Hearings Officer has recommended in a decision dated
May 28, 1980 that such uses be allowed outright in the MUA zone;
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS adopts the findings
attached hereto as Exhibit A, and
THE BOARD OF COUNTY COMMISSIONERS ORDAINS that cemeteries, mausoleums
and crematories be outright permitted uses in all MUA zones.
This ordinance being necessary for the immediate preservation of the
public health, welfare and safety, an emergency is declared to exist and this
ordinance takes effect upon its adoption.
DATED this 10th day of June, 1980.
BOARD OF COUNTY COMMISSIONERS
C. SHVPARD, C
ROBERT C. PAULSON, JR., Commissioner
PAGE -1- AMENDMENT TO COUNTY ORDINANCE NO. PL -15
vac 34 FAcF 732
E X H I B I T "A"
FINDINGS
Location: This application pertains countywide.
Zone: MUA, Multiple Use Agriculture
The intent of this zone change is to amend County Zoning Ordinance PL -15,
Section 4.060(2) by adding cemeteries, mausoleums and crematories as permitted
outright uses in an MUA zone on a countywide basis.
Ordinance PL -15 does not provide for cemeteries or mausoleums in an MUA zone.
In the evidence presented by the applicant, in a memorandum from Robert Paulson
dated March 17, 1980 and another to the Board of County Commissioners from the
Interim Planning Director dated May 20, 1980, it was stated and established that
cemeteries and mausoleums were inadvertently omitted from the list of uses per-
mitted outright in an MUA zone when Ordinance PL -15 was adopted.
The applicant must establish conformance with PL -9, Section 6.000, Burden of Proof
Criteria. The Board of County Commissioners finds that this application is in
conformance with the County comprehensive plan in that the development of
cemeteries falls within the public facilities portion of the plan. The general
goal for public facilities and services under the comprehensive plan indicates
that the County should plan and develop a timely, orderly and efficient arrange-
ment of public facilities and services to serve as a framework for urban and
rural development, and thereby a system plan that coordinates the type, location
and delivery of public facilities and services in a manner that best supports
the existing and proposed land uses.
On page 116 in the County comprehensive plan, policy number 35 indicates that
provision for adequate burial sites shall be made in alternative designs that
conserve land. The plan does not mandate any specific zone in which burial
facilities may be established. The intent of this was to provide flexibility when
the implementing ordinances were drawn up.
This application is also in conformance with statewide land use goal 11, Public
Facilities. Cemeteries are considered public facilities in the County plan.
The goal requires that public facilities and services be provided at levels
necessary and suitable for existing uses. County population is expected to grow
at a 4.5% increase per year until the year 2000. With this growth, the need for
all public facilities, including the type proposed here, will increase.