22-169-Order Recorded 5/5/1976IN THE BOARD OF COUNTY COMMISSIONERS
IN THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
f/ C° 4
In the Matter of Amending ) ORDINANCEOL FACE 16
the Deschutes County Zoning ) AMENDMENT NO. PL-5
Ordinance )
This matter having come before the Board at the request of
Lorin Morgan, Deschutes County Planning Director;
And it appearing to the Board that the Deschutes County
Planning Commission at the time the Deschutes County Zoning Ordinance
was originally adopted intended to allow as a non-conforming use the
planned and intended use of property of those persons who had
recently acquired property, when such plans or intended use would be
inconsistent with the zone applicable to the property;
And it further appearing to the Board that the Planning
Commission also intended to allow as a non-conforming use the plans
to expand a pre-existing non-conforming use which were in existence
at the time the zoning ordinance was adopted;
And it further appearing to the Board that the reason for
the Planning Commission's intended allowance of plans as a non-
conforming use to permit a property owner the opportunity to protect
and develop his investment in his property;
And it further appearing to the Board that the Planning
Commission intended to allow ninety days for a person to submit plans
following the date the zoning ordinance became applicable to the land
owner's property;
And it further appearing to the Board that both the Planning
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VOL PACE 70
-2 Commission and the former Board of Commissioners erred procedurally
in attempting to adopt as an ordinance the foregoing non-conforming
use policy, thereby rendering this policy of no effect;
And it further appearing to the Board that it is now
necessary to cure the previous error in order to protect the rights
of those persons who submitted plans pursuant to said policy and have
acted in reliance thereon; now therefore,
THE BOARD ADOPTS the following amendments to the Deschutes
County Ordinance to be effective immediately upon approval;
THE COUNTY OF DESCHUTES ORDAINS AS FOLLOWS:
Section 1.030 is amended to read:
Section 1.030 Non-conforming Structure or Use.
A lawful existing structure or use at the time this
ordinance or any amendment thereto becomes effective, which
does not conform to the requirements of the zone in which it
is located, or a plan recognized as a non-conforming use
pursuant to Section 8.050 of this ordinance.
Section 8.050 is amended to read:
Section 8.050 Completion of Structure.
1. Except as provided in sub-section 2 and 3 of this section,
nothing contained in the ordinance shall require any
change in the plans, construction, alteration, or
designated use of the structure for which construction
has commenced prior to the adoption of this ordinance.
2. Not later than ninety days after the original date this
ordinance become applicable to a specific parcel of
property, the owner of such property may submit plans to
the Deschutes County Planning Department indicating
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VOL 2 2 FALL 171
proposed expansion of a pre-existing non-conforming
use, or plans for construction of a new structure or
use which will be non-conforming. The plans shall be
complete and show the proposed expansion or new con-
struction through the final stages of development.
Upon receipt of the plans, the plans shall be
submitted to the Planning Commission for review.
The Planning Commission may approve the plans if it
determines:
a. The property on which the proposed construction
is to occur was recently acquired; and
b. The property owner would lose a substantial invest-
ment if not allowed to further develop this
property; and
c. The plans are in conformance with the general goals
and objectives of the Comprehensive Plan at the
time they are submitted.
3. The Planning Commission may place such limitations on
the proposed development plan as it considers are in the
best interests of the public health, safety and welfare.
Plans which are approved by the Planning Commission shall
constitute a valid non-conforming use. Any structural
use completed pursuant to such plans shall also be
deemed a valid non-conforming use. All plans shall be
completed by December 31, 1977, unless another completion
date has been approved by the Planning Commission.
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.0 140L 21 2 FAG-172
Plans which are not completed by that date shall no
longer be deemed a valid non-conforming use, and any
further use shall conform to the requirements of the
zone applicable to the property.
Done by the order of the Board of Commissioners this 5th
day of May, 1976, to become effective immediately.
BOARD OF COMMISSIONERS:
;-11'2~0600&
i
CHA
COMMISSIONER
CO IONER
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