1993-03835-Ordinance No. 93-002 Recorded 2/4/199393-03835
012&
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18 of the
Deschutes County Code, the Deschutes ) "'
County Zoning Ordinance, to Amend Pro- )
visions in the Flood Plain Zone, and )
Declaring an Emergency. )
ORDINANCE NO. 93-002
Whereas, existing structures in the floodway are nonconforming
structures with respect to the provisions of Title 18; and,
Whereas, the Deschutes County Hearings Officer has determined
that under the provisions of Chapter 18.120 of this Title, the
replacement of a nonconforming structure can only occur when a
structure has been damaged or destroyed by fire, natural disaster or
other casualty; and,
Whereas, the Deschutes County Planning Commission, after review
conducted in accordance with applicable law, recommended that the
Flood Plain Zone provisions be amended to allow replacement of
dwellings in the floodway, require elevation of structures one foot
above the base flood, and clarify existing provisions in Chapter
18.96; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Section 18.04.030, Definitions, of Title 18 is
amended to delete the definition of "Area of Shallow Flooding".
Section 2. Section 18.04.030, Definitions, of Title 18, is
amended to add the following new definitions:
Flood Plain. The area adjoining a stream that is subject to
inundation by the base flood discharge that is outside the floodway.
Mean Sea Level. The National Geodetic Vertical Datum (NGVD) of
1929 or other datum to which base flood elevations shown on the
Flood Insurance Rate Map (FIRM) are referenced.
Section 3. Section 18.04.030, Definitions, of Title 18 is
amended to change the definition of "New Construction" to read as
follows:
Ordinance No. 93-002 (02/03/93)
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k1t, CHED
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New Construction. Any structure for which the start of
construction commenced on or after the effective date of Ordinance
PL -15 [this title]. For purposes of the Flood Plain Zone (FP), "new
construction" means any structure for which the start of
construction commenced on or after the date of adoption of the
amendments to the Flood Plain Zone in Ordinance No. 88-030. (Ord.
88-030 ss 3, 1988)
Section 4. Section 18.96.040 of Title 18 is amended to read as
follows:
Section 18.96.040 Conditional Uses Permitted.
The following uses may be allowed subject to [Chapter 18.128]
applicable sections of this title: (Ord. 91-038 ss 1, 1991)
A. A roadway, bridge or utility structure, except a landfill,
that will not impede the waters of a base flood[.] subject to
Chapter 18.128 of this title.
B. Incidential storage of material or equipment that is either
not subject to damage by flood, or is mobile and readily removable
from the area within time available after flood warning. If such
material is not readily removable, it shall be anchored to prevent
flotation and shall not obstruct water flow. Material or equipment
stored shall include only items which will not create a hazard to
the health or safety of persons, property, animals or plant life
should the storage area be inundated.
C. Single-family dwelling, or a manufactured home subject to
Section 18.116.070, on an individual lot. (Ord. 91-005 ss 37, 1991;
Ord. 89-009 ss 3, 1989)
D. Agricultural or residential related accessory buildings.
E. Hydroelectric facilities subject to Section 18.116.130 and
18.128.040(V).
F. Excavation, grading and fill and removal within the bed and
banks of a stream, river or lake, or in a wetland, subject to
Section 18.120.050 and 18.128.040(W).
G. Recreational uses requiring only structures having an
insignificant effect on flood waters, such as golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat
launchings ramps, swimming areas, wildlife or nature preserves, game
farms, fish hatcheries, shooting preserves and hunting or fishing
areas subject to Chapter 18.128.
H. Subdividing or partitioning land, any portion of which is
located in a flood plain, subject to the provisions of this title
and Deschutes County Code Title 17, the Subdivision/ Partition
Ordinance. (Ord. 88-030 ss 4, 1988)
I. Expansion or substantial improvement of an existing
dwelling, agricultural related structure or accessory building.
J. A boat dock or pier, either individual or community, on
private property which lies in the following areas:
a. On the Deschutes River between river miles 226.4 and
224.5. This area is identified in the Scenic Waterway Management
Plan as the Wickiup River Community Area;
b. On the Deschutes River between miles 217.5 and 216.5.
Ordinance No. 93-002 (02/03/93)
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This A 012o--q§q
[ ]area is identified in the Scenic Waterway Management�as
the Pringle Falls River Community Area; and
c. On the Deschutes River between river miles 207 and 192.
This area is identified in the Scenic Waterway Management Plan as
River Community Areas and Recreational River Area respectively.
(Ord. 89-009 ss 4, 1989)
[K. Excavation, grading and fill and removal within the bed and
banks of a stream or river or in a wetland subject to Sections
18.120.050 and 18.128.040(W). (Ord, 91-038 ss 1, 1991)]
Section 5. Section 18.96.060 of Title 18 is amended to read
as follows:
Section 18.96.060 Limitations on Conditional Uses.
The following limitations shall apply to all uses allowed by Section
18.96.040, above:
A. No new construction of a dwelling [units,] _(including
manufactured housing),, accessory structures and] or farm use
structure[s], shall be allowed[, or additions to such structures
allowed,] in the floodway of any river or stream[.] except for
replacement in conformance with the applicable provisions of this
chapter of a dwelling lawfully in existence as of the effective date
of Ordinance 88-030. (Ord. 92-010 ss 1, 1991)
B. No new construction of a dwelling [units,] _(including
manufactured housing)_, accessory structure[s and] or farm use
structure [buildings], shall be located in the flood plain unless it
can be demonstrated by the applicant that no alternative exists on
the subject property [lot] which would allow the structure to be
placed outside of the flood plain.
[C. Dwelling units, including manufactured housing, accessory
structures and farm use buildings, shall be allowed only in areas of
shallow flooding.]
C.[D.] No subdivision or partition shall be allowed which creates
the potential for additional residential dwellings [units] in the
flood plain.
D.[E.] A land use which would alter or relocate a water course
shall not be allowed.
E.[F.] The cumulative effect of any proposed development, when
combined with all other existing and anticipated development, shall
not increase the water surface elevation of the base flood more than
one foot at any point. (Ord. 91-020 ss 1, 1991)
[G. Development which involves new construction, or fill or
removal in the floodway shall not be allowed unless a registered
professional engineer provides certification that the proposal shall
not result in any increase in flood levels during a base flood
discharge, that all necessary state and federal permits have been or
can be obtained and that all other criteria and standards of this
title have been satisfied. (Ord. 91-020 ss 1, 1991; Ord. 88-030 ss
4, 1988)]
Section 6. Paragraph (F)(a)(i) in Section 18.96.080 of Title
18 is amended to read as follows:
Ordinance No. 93-002 (02/03/93)
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0120--0638
i. New construction, including replacement, and substantial
improvement of any residential structure shall have the lowest floor
of the entire structure, including basement, elevated [to or] at
least one (1) foot above base flood elevation.
Section 7. Paragraph (F)(b) in Section 18.96.080 of Title 18
is amended to read as follows:
b. Non -Residential Construction. New construction and
substantial improvements] of any commercial, industrial or other
non-residential structure shall either have the lowest floor,
including basement, elevated [to] at least one (1) foot above the
level of the base flood elevation, or, together with attendant
utility and sanitary facilities, shall:
i. Be floodproofed so that below the base flood level
the structure is watertight with walls substantially impermeable to
the passage of water.
ii. Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
iii. Be certified by a registered professional engineer
or architect that the design and methods of construction are subject
to accepted standards of practice for meeting provisions of this
subsection, based on their development and/or review of the
structural design, specifications and plans. Such certifications
shall be provided to the county as set forth in 18.96.070(H), above.
iv. Non-residential structures that are elevated, but
not floodproofed, must meet the same standards for space below the
lowest floor as described in Section 18.96.080(F), above.
V. Applicants for floodproofing non-residential
buildings shall be notified that flood insurance premiums will be
based on rates that are one foot below the floodproofed level (e.g.,
a building constructed to the flood level will be rated as one foot
below that level.)
Section 8. Paragraph (c) in Section 18.96.080 of Title 18 is
amended to read as follows:
c. Manufactured Homes. All manufactured homes to be placed
or substantially improved shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is at
[or] least one (1) foot above the base flood elevation. Such
manufactured homes shall be securely anchored to an adequately
anchored foundation system subject to the provisions of Section
18.96.080(C)(a), above. (Ord. 88-039 ss 4, 1988)
Section 9. Paragraph (G) in Section 18.96.080 of Title 18 is
amended to read as follows:
G. Floodways. In floodways [where potential extreme hazards
exists due to the velocity of flood waters which carry debris,
Ordinance No. 93-002 (02/03/93)
Page 4
potential projectiles or due to a high potential for erosion,] the
following provisions shall apply: 4120--063qq
a. Encroachments, including fill and removal, [`fiew
construction, substantial improvements] replacement of a dwellina
lawfully in existence on the effective date of Ordinance 88-030 and
other development(,] are prohibited unless certification by a
registered professional engineer, [or architect] is provided
demonstrating that the proposed encroachments (shall] will not
result in any increase in flood levels during [the occurrence of
the] a base flood discharge.
b. The avvlicant must demonstrate that all necessary state
and federal permits have been or can be obtained[. If Section
18.96(G)(a) is satisfied, all new construction and substantial
improvements shall comply with all] and that all other applicable
sections of this title have been satisfied.
c. Replacement of a dwelling shall not increase the square
footage or footprint of the structure by more than 20% of the square
footage or footprint of such dwelling as of the effective date of
Ordinance 88-030.
d. No replacement of a dwelling shall be allowed if the use
of the pre-existing dwelling has been abandoned or otherwise
terminated for a period of over one (1) year.
Section 10. Chapter 18.96 of Title 18 is amended to add the
following new Section:
Section 18.96.085 Elevation Certification.
Elevation of all new construction. includina revlacement and
substantial imvrovements, relative to mean sea level of the lowest
floor shall be documented after construction with a survey certified
by a State of Oregon registered vrofessional enaineer or land
�'ii i r►iZ�i�.
Section 11. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express or implied, of any ordinance,
ordinance provisions, or code section by this ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability incurred under such ordinance, unless a provision of this
ordinance shall so expressly provide, and such ordinance repealed
shall be treated as still remaining in force for the purpose of
sustaining any proper action or prosecution for the endorsement of
such duty, condition, penalty, forfeiture, or liability, and for the
purpose of authorizing the prosecution, conviction and punishment of
the person or persons who violated the repealed ordinance.
Section 12. SEVERABILITY. The provisions of this ordinance are
severable. If any section, sentence, clause, or phrase of this
ordinance or any exhibit thereto is adjudged to be invalid by a
court or other reviewing body of competent jurisdiction that
Ordinance No. 93-002 (02/03/93)
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0120-0640
decision shall not affect the validity of the remaining portions of
this ordinance or exhibit thereto.
Section 13. EMERGENCY. 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 -3-44- day of February, 1993.
BOARD OFLINTY COMMISSIONERS
OF DESCHD*ES COUNTY, OREGON
11
ATTEST: NANCY POPEJSGEN, Commissioner
Recording Secretary B. H. SLAUGHTER, Commissioner
Ordinance No. 93-002 (02/03/93)
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