1993-32996-Ordinance No. 93-045 Recorded 9/16/1993BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES I;OV11TY, OREGON
An Ordinance Amending Title 18,
Chapter 18.96.040, of the
Deschutes County Code, Making the *
Uses Permitted in the Flood Plain *
Consistent With the Uses Allowed
by ORS.215 and OAR 660-06-025 and * `�
Declaring an Emergency.
ORDINANCE NO. 93-045.
0 �"-
CD
WHEREAS, in order to comply with the requirements of
periodic review, the county must amend Title 18.96, the Flood
Plain Zone, to make the uses permitted consistent with the
uses permitted in exclusive farm use zones by ORS 215.286 and
the uses permitted in the forest zones by OAR 660-06-025;
WHEREAS, the Deschutes County Planning Commission, after
review conducted in accordance with applicable law,
recommended approval of the proposed amendments to the Board
of County Commissioners;
WHEREAS, after notice was given and hearing conducted in
accordance with applicable law, the Board of County
Commissioners have considered the Planning Commission
recommendation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. That Title 18.96, Section 18.96.040 of the
Deschutes County Code is amended to read as follows:
"18.96.040 Conditional Uses Permitted.
The following uses may be allowed subject to Chapter
18.128 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.
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
1 - ORDINANCE No. 93-045, August 18, 1993 KE "-"I'"
0127-1987
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. In addition to the other requirements of this
Chapter, single family dwellings proposed to be
sited in areas of the flood plain zone designated
"Agriculture" on the Comprehensive Plan Map may be
approved only as uses identified by Sections
18.16.O30(A). (B), (D) or (E) and subject to the
applicable provisions of Chapter 18.16 governinq
those uses. In addition to the other requirements
of this Chapter, single family dwellings proposed
to be sited in areas of the flood ,plain zone
designated "Forest" on the Comprehensive Plan Map
may be approved only as uses identified by Sections
18.36.O30(Y). 18.040.030(X) or 18.O40.03O(Y) and
subject to the applicable provision of Chapters
18.36 and 18.40 governing those uses. (Ord. 91-005
ss 37, 1991);( Ord. 89-009 ss 3, 1989)
D. Agricultural (or residential related] accessory
buildings.
E. Hydroelectric facilities subject to Sections
18.116.130 and 18.128.040(V).
F. 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).
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
and hunting or fishing areas, except in areas
designated "Forest" or "Agriculture" on the
Comprehensive Plan Map.
H. Subdividing or partitioning land 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
2 - ORDINANCE No. 93-045, August 18, 1993
226.4 and 224.5. This area is
the Scenic Waterway Management
Wickiup River Community Area;
identified in
Plan as the
b. On the Deschutes River between river mile
217.5 and 216.5. This area is identified in
the Scenic Waterway Management Plan 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 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))
K. Those recreational uses described in Section
18.36.030, "F-1 - Conditional Uses," having an
insignificant effect on flood waters where the
subject Flood Plain -zoned site is designated by the
Comprehensive Plan Map as "Forest" and is adjacent
to land zoned F-1.
L. Those recreational uses described in Section
18.040.030, "F-2 - Conditional Uses," having an
insignificant effect on flood waters where the
subject Flood Plain -zoned site is designated by the
Comprehensive Plan Map as "Forest" and is adjacent
to land zoned F-2."
Section 2. Provisions or portions thereof that are to
be deleted as a result of the enactment of the above -
referenced sections are shown in brackets; provisions that
are being added are shown underlined and in bold-faced type.
Section 3. 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 of competent jurisdiction that decision
shall not affect the validity of the remaining portions of
this ordinance or exhibit thereto.
Section 4. This ordinance my be corrected by order of
the Board of County Commissioners to cure editorial and
clerical errors and to insert appropriate legislative history
references.
Section 5. 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 enactment.
3 - ORDINANCE No. 93-045, August 18, 1993
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DATED this rvri day of August, 1993.
COUNTY BOARD OF COMMISSIONERS
NANCY POPE �SGEN, Commissioned` I
ATTEST: ( V
0- "1' z 14-4 - hz� -4"X
Recording Secretary BARRY H. SLAUGHTER, Commissioner
4 - ORDINANCE No. 93-045, August 18, 1993