1997-03904-Ordinance No. 97-007 Recorded 2/6/1997J !_
97-03904 C :^
-.i i ..far.
]BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DEkHUTES
RrVIDNED
COUNTY, OREGON
An Ordinance Amending Title 18 * 97 FES -6 All 11: 10
Regarding Filming Activities and
Declaring an Emergency.
ORDINANCE NO. 97-007
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Adoption. Title 18 is hereby amended to add a new
Section 18.116.250, as set forth in Exhibit A attached hereto and by
this reference incorporated herein.
Section 2. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance 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.
Section 3. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the Deschutes
County Form and Style Manual for Board Documents. Such codification
shall include the authority to make such changes, to make changes in
numbering systems and to make such numbering changes consistent with
interrelated code sections. In addition, as part of codification of
these ordinances, County Legal Counsel may insert appropriate
legislative history reference. Any legislative history references
included herein are not adopted as part of the substance of this
ordinance, but are included for administrative convenience and as a
reference. They may be changed to correct errors and to conform to
proper style without action of the Board of County Commissioners.
Section 4. Emergency. This ordinance being necessary for the
immediate preservation of the peace, health and safety, an emergency is
declared to exist, and this ordinance takes effect on its passage.
DATED this 5th day of February, 1997.
A T:
Recording SecretAry
PAGE 1 - ORDINANCE NO. 97-007
RD OF COUNTY COW4ISSIONERS
DESCHUTES COUN*. OREGON
V�i%Lii\y L\ ` rLL4
L. NIPPER, mmiss
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INDA L.
, Commissioner
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1 i�97
,N
Exhibit A
to Ordinance 97-007
18.116.250. Conducting filming activities
in all zones.
Any use of land or activity involving
on-site filming and accessory and supporting
activities as those terms are defined in this
section shall be governed by the provisions of
this section and shall govern in any conflict
with other provisions of this title or Title 22.
A. On-site filming and activities
accessory to on-site filming are permitted
outright in any zone or combining zone of the
county if -
1.
£1. The activity would involve no
more than 45 days on any site within any one-
year period; or
2. The activity does not involve
erection of sets that remain in place for
filming longer than any 45 -day period and
does not involve fill and removal activities
regulated by this title, involve activities within
a sensitive habitat area governed by Chapter
18.90 or involve activities, improvements or
structures covered by Chapter 18.96; and
3. All evidence of filming activity
and sets is removed from the site and the site
is restored to its previous condition within 15
days after the filming is complete.
B. Except for the activities
allowed outright as set forth under Section
18.116.250(A) above, on-site filming and
activities accessory to and/or supporting on-
site filming may be conducted in any zone or
combining zone subject to the approval of the
Planning Director or Hearings Body under the
provisions of 18.116.250(C). For the
purposes of this subsection B only, "support
activities" shall include office administrative
functions such as payroll and scheduling; the
use of campers, truck -trailers and similar
temporary facilitates; and temporary facilities
used for housing of security personnel.
C. Use Limitations. Any use of
land or activity involving on-site filming and
activities accessory to and/or supporting on-
site filming provided for under subsection
18.116.250(B) above may be approved upon
satisfaction of the following criteria:
1. General Limitations.
a. The site under consideration is
suitable for the proposed filming or accessory
activity based upon the following factors:
i. The design, operating
characteristics and duration of the use;
ii. Adequacy of transportation
access to the site; and
iii. The natural and physical
features of the site, including but not limited
to, general topography, natural hazards and
natural resource values.
b. The proposed use will be
compatible with the existing uses on
surrounding properties based upon the factors
listed in subsections (i), (ii) and (iii) of
subsection (C)(1)(a).
2. Special Limitations. In
addition to the general limitations set forth
under subsections (C)(1)(a) and (C)(1)(b), the
following additional special limitations shall be
applied, where applicable:
a. Filming and accessory or
supporting activities proposed for a site
designated as exclusive farm use by the zoning
ordinance shall be subject to applicable
provisions of ORS 215.296.
b. Filming and accessory or
supporting activities involving structures or
improvements regulated under Chapter 18.96
(flood plain zone) shall be subject to the
applicable provisions of that chapter unless
the Federal Emergency Management Agency
authorizes a waiver of the provisions of that
chapter.
C. Filming and accessory or
supporting activities necessitating fill or
removal activities shall comply with the
applicable provisions of 18.128.040(W), except
that no conservation agreement shall be
required where the fill is associated with a
temporary structure or improvement and such
fill would be removed along with the
temporary structure or improvement under a
fill and removal permit required by the
County.
d. Filming and accessory or
PAGE 1 - EXHIBIT A to Ordinance No. 97-007 (2-5-97) [97-om.8]
supporting activities shall not be allowed in .• Nv1
any sensitive habitat area designated under
Chapter 18.90 during the nesting period
identified in the ESEE for each site.
3. At the completion of filming, any
structure or improvement for which land use
approval would otherwise be required shall
obtain the required approvals or the structure
or improvement shall be removed. The
County may require the applicant to post a
bond in an amount sufficient to cover the cost
of removal for any such structure or
improvement.
4. The standards of this
subsection may be met by the imposition of
conditions calculated to ensure that this
standard will be met.
D. Procedures for review. All
applications subject to this section shall be
processed in accordance with Chapter 22 of
the County Code with the exception that the
Board of County Commissioners shall be the
initial hearings body.
E. Definitions.
1. For the purposes of this section
"on-site filming and activities accessory to on-
site filming" means:
a. Filming and site preparation,
construction of sets, staging, make-up and
support services customarily provided for on
site filming.
b. Production of advertisements,
documentaries, feature films, television series
and other film productions that rely on the
qualities of the zone in which the filming is to
be located in more then an incidental way.
2. For the purposes of this section
"on-site filming and activities accessory to on-
site filming" do not include:
a. Facilities for marketing, editing
and other such activities that are allowed only
as a home occupation; or
b. Construction of new structures
that require a building permit. (Ord. 97-007
§ 1, 1997)
PAGE 2 - EXHIBIT A to Ordinance No. 97-007 (2-5-97) tm-om.aj