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1995-42127-Ordinance No. 83-045 Recorded 6/16/19839542127 viz 47 FACE 82.0 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending the Bend Urban Growth Boundary Ordinance of 1979, Ordinance No. PL -11, Adding Definitions,* Providing for Time-share Units as a Conditional Use; Adding Special Use Criteria; and Declaring an Emergency. ORDINANCE NO. 83-045 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Section 4, Definitions, Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance of 1979, is amended by the addition of the following: 11(1) (159)(b) Time-share Unit." (A) A dwelling unit, lot, or parcel divided into periods of time under any arrangement, plan, scheme or device; whether by membership, agree- ment, share, tenancy in common, sale, lease, deed, rental agreement, license, right to use agreement, or otherwise; where a purchaser; in exchange for consideration; receives a right to use the dwelling unit, lot, or parcel for a period of time less than a full year during any given year; but not necessarily for consecutive years; which extends for a period of more than three years; or (B) A dwelling or unit, lot, or parcel created into interests sold under an agreement to be subse- quently divided or created into interests for the purpose of sale or lease or other similar ar- rangement as set out in subparagraph (A) above, whether immediate or future, into eleven (11) or more undivided interests or eleven (11) or more other interests, or any other similar arrangement of interests in the dwelling unit, lot or parcel." 1 - ORDINANCE NO. 83-045 KEPI ED t 95 Section 2. Zone (UAR-10), Growth Boundary addition of: va 47 mcF 821 Subsection 3 of Section 10, Urban Area Reserve of Deschutes County Ordinance No. PL -11, Bend Urban Zoning Ordinance of 1979, is amended by the "(r) Time-share unit or the creation thereof, subject to the requirements of subsection (20) of Section 26." Section 3. Subsection 3 of Section 12, Suburban Low Density Residential Zone (SR 2 1/2 ), of Deschutes County Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance of 1979, is amended by the addition of: "(1) Time-share unit or the creation thereof, subject to the provisions of subsection (20) of Section 26." Section 4. Subsection 3 of Section 13, Urban Low Density Residential Zone (RL), of Deschutes County Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance of 1979, is amended by the addition of: "(o) Time-share unit or the creation thereof, subject to the provisions in subsection (20) of Section 26." Section 5. Subsection 3 of Section 14, Urban Standard Residential Zone (RS), of Deschutes County Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance of 1979, is amended by the addition of: "(r) Time-share unit or the creation thereof, subject to the provisions of subsection (20) of Section 26." Section 6. Subsection 3 of Section 15, Urban Medium Density Residential Zone (RM), of Deschutes County Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance of 1979, is amended by the addition of: "(n) Time-share unit or the creation thereof, subject to the provisions of subsection (20) of Section 26." Section 7. Subsection 3 of Section 16, Urban High Density Residential Zone (RH), of Deschutes County Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance of 1979, is amended by the addition of: 2 - ORDINANCE NO. 83-045 von 47 FACE R22 "(p) Time-share unit or the creation thereof, subject to the provisions of subsection (20) of Section 26." Section 8. Subsection 3 of Section 18, Limited Commercial Zone (CL), of Deschutes County Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance of 1979, is amended by the addition of: "(p) Time-share unit or the creation thereof, subject to the provision of subsection (20) of Section 26." Section 9. Subsection 3 of Section 18(a), Convenience Com- mercial Zone (CC), of Deschutes County Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance of 1979, is amended by the addition of: "(i) Time-share unit or the creation thereof, subject to the provisions of subsection (20) of Section 26." Section 10. Subsection 3 of Section 19, Highway Commercial Zone (CH), of Deschutes County Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance of 1979, is amended by the addition of: "(1) Time-share unit or the creation thereof, subject to the provisions of subsection (20) of Section 26." Section 11. Subsection 3 of Section 19(a), General Commer- cial Zone (CG), of Deschutes County Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance of 1979, is amended by the addition of: "(d) Time-share unit or the creation thereof, subject to the provisions of subsection (20) of Section 26." Section 12. Section 26, Provisions Applying to Special Uses, of Deschutes County Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance of 1979, is amended by the addition of subsection (20) Time-share Unit, as follows: "(20) Purpose. The purpose of this section is to establish standards for time-share uses within the applicable zoning district in this ordinance. 3 - ORDINANCE NO. 83-045 va 47 PAGE 823 a. Any time-share unit shall have its primary access on a collector street that does not pass through an existing, developed residen- tial area, or on an arterial. b. Time-share units in any residential zone and the UAR-10 Zone: 1. New time-share units may be developed in vacant areas in applicable zoning district provided that such development complies with (a) above and the follow- ing: (i) That the density of the develop- ment shall not exceed that of the existing predominant density pat- tern within 500 feet of the site. (ii) That such development is appro- priately buffered by the use of yards, landscaping, etc., from adjoining properties as deter- mined during site plan review considering the need for privacy and the effects of noise. 2. Development of time-share units in the RM or RH zones may be allowed provided they comply with (a) above and are buffered from adjacent residentially zoned neighborhoods by yards, landscap- ing, berms, or other similar features. 3. The Hearings Body may require bonds to assure installation and maintenance of landscaping, parking, and facilities that are part of the buffering scheme. It may also require that an adequate mechanism will exist, such as an owners association, that will assure mainten- ance of such required facilities. C. Each time-share unit shall be landscaped and buffered. The landscape and buffering plan shall be determined by site plan review giving consideration to the need for privacy and the effects of noise. 4 - ORDINANCE NO. 83-045 VOL 4 7PAC; ��4 d. No structure shall be utilized as a time- share unit unless all the units in a devel- opment or project are used as time-share units for this purpose. Section 13. This Ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this /54k day of r�,c� 1983. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALBERT A. YOUNG, Chairrgan ATTEST: 11 v LO Recording Secretary LA 5 - ORDINANCE NO. 83-045 PRAIM, Commissioner TUTTLE\,, Commissioner