HomeMy WebLinkAbout87-015BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE$ofi'ZIT_..! lMON
R.3t.
An Ordinance Amending Ordi-
nance No. PL -15, the
Deschutes County Zoning
Ordinance of 1979, Revising * -Q
Provisions Concerning Noncon-
forming Lots and Parcels, and
Declaring an Emergency.
ORDINANCE NO. 87-015
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. Section 1.030, Definitions, Ordinance No. PL -15,
Deschutes County Zoning Ordinance of 1979, as amended, is further
amended by the addition of the following:
"(67)(J) Lot of Record.
(i) A lot or parcel at least 5,000 square feet in area
and at least 50 feet wide, which conformed to all zoning
and subdivision or partition requirements, if any, in
effect on the date the lot or parcel was created, and
which was created by any of the following means:
(a) By partitioning land as defined in ORS
92.010 (8);
(b) By a subdivision plat, as defined in ORS
92.010 (9), filed with the Deschutes County
Surveyor and recorded with the Deschutes
County Clerk;
(c) By deed or contract, dated and signed by
the parties to the transaction, containing a
separate legal description of the lot or
KEYPUNCHED parcel, and recorded in Deschutes County if
recording of the instrument was required on
the date of the conveyance. If such instru-
ment contains more than one legal description,
only one lot of record shall be recognized
unless the legal descriptions describe lots in
accordance with a recorded subdivision or town
plat;
(d) By a town plat filed with the Deschutes
County Clerk and recorded in the Deschutes
County Record of Plats; or
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0080-0628
(e) By the subdividing or partitioning of ad-
jacent or surrounding land, leaving a re-
mainder lot or parcel.
(ii) The following shall not be deemed to be a lot of
record:
(a) A lot or parcel created solely by a tax
lot segregation because of an assessor's roll
change or for the convenience of the assessor.
(b) A lot or parcel created by an intervening
section or township line or right of way.
(c) A lot or parcel created by an unrecorded
subdivision, unless the lot or parcel was
conveyed in accordance with paragraph (i)(c)
of this section.
(d) A parcel created by the foreclosure of a
security interest.
(iii) Lots or parcels not created by a recorded sub-
division or town plat and held in contiguous ownership
shall be deemed to be one lot or parcel."
"(76)(A) Nonconforming Lot or Parcel. A lot or parcel
which is smaller in area than the minimum lot or parcel
size in the zone."
"(91)(B) Pre-existing Nonconforming Lot or Parcel. A
nonconforming lot or parcel which is a lot of record."
Section 2. Section 6.020, Nonconforming Lot Size, Ordinance
No. P17-15, Deschutes County Zoning Ordinance of 1979, as amended,
is further amended to read as follows:
(1) Any parcel of land or portion thereof which is to
be dedicated to a public or other entity for a road,
canal, railroad, utility or other public use shall be
exempt from the minimum lot size requirements set forth
by this ordinance.
(2) Whereas land sections in the County are affected by
survey adjustments, minimum requirements relative to lot
size, where applicable, shall be considered a standard
metes and bounds land section division, i. e., 160
acres, 80 acres, 40 acres, 20 acres, etc.; lot sizes,
therefore, may be reasonably smaller than set forth by
this ordinance if a total section acreage reduction is
2 - ORDINANCE NO. 87-015
00U88?__0629
due to a survey adjustment or other man-made barriers
over which the applicant has had no control.
(3) Any lot or parcel which is smaller than the minimum
area required in any zone may be occupied by an allowed
use in that zone provided that:
(A) The lot or parcel is a lot of record, as
defined in Section 1.030 (67)(J) of this
ordinance.
(B) The use conforms to all other require-
ments of that zone.
(C) If there is an area deficiency, residen-
tial use shall be limited to a single dwelling
unit.
(D) All necessary permits are obtained."
Section 3. This ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
Dated this day of , 1987.
ATTEST:
L'a'a
ecording Secretary
3 - ORDINANCE NO. 87-015
BOARD OF COUNTY COMMISSIONERS
OF DF'S�HUTES-OWUNTY, OFHyGON
LOIS B ` T W oPRANTE, Chair
(, , JA —/ I "�Y
TOM HRAOP, Cowiu,issioner
DICK -MAUDLIN, Commissioner