2001-441-Ordinance No. 2001-004 Recorded 5/24/2001VOL: CJ2001 PAGE: 441
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02001-441 * Vol -Page Printed: 06/01/2001 15:48:08
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(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
NUMBER OF PAGES:
May. 24, 2001; 12:04 p.m.
Ordinance (CJ)
1
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KEY NCH D
JU 1 001
BEFORE THE BOARD OF COUNTY COMMISSIONERS OFffiSCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, Deschutes * ��
County Zoning Ordinance of the Deschutes REVIEWED
County Code, to Amend the Regulations for
Building Height Exceptions.
ORDINANCE NO. 2001-004 LEGAL COUNSEL
WHEREAS, the citizens and the Deschutes County Planning Commission of Deschutes
County have brought concerns over the building height exceptions process in Deschutes County
to the attention of the Board of County Commissioners and the Planning Division; and
WHEREAS, the Deschutes County Board of County Commissioners and Deschutes
County Planning Commission held a joint meeting on July 10, 2000 to discuss the Deschutes
County Zoning Ordinance, Building Height Exceptions, Section 18.120.040; and
WHEREAS, the Deschutes County Planning Commission, after conducting a Public
Hearing, forwarded recommendations regarding this matter to the Board of County
Commissioners to consider; and
WHEREAS, after notice was given and a public hearing was conducted on May 2, 2001,
before the Board of County Commissioners in accordance with applicable law, the Board of
County Commissioners has considered the proposed amendments; and
WHEREAS, The Board of County Commissioners has determined that there is a need to
protect the scenic views in Deschutes County by limiting the types of structures that are allowed
an outright exception to the existing 30 -foot building height limit; and
WHEREAS, because consideration of changes to the allowable height for agricultural
barns/structures is a more complicated matter, the Board is deferring the decision on these
structures pending a subsequent public hearing process; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. AMENDMENT. Section 18.120.040, Building Height Exceptions, of the
Deschutes County Zoning Ordinance, is amended to read as shown in Exhibit "A," attached
hereto and by this reference incorporated herein, with new language underlined and deleted
language shown in stfil.
DATED this day of May, 2001.
BOARD OF COUNTY COYMISSIONERS OF
DESCHUTES COUNTY, OW-GON
ATTEST: MNNIS R. LUKE,
Recording Secretary MICHAEL M. Dt Z
PAGE 1 OF 1 - ORDINANCE NO. 2001 - 004 (05/02/ 01)
in )
EXHIBIT "A"
20.040. Building height exceptions.
The following structures or structural
parts are not subject to the building
height limitations of Title 18: pubhe
seheels, chimneys not more than three
feet six inches (3'6") above the highest
point of the roof, vertical support
structures for telephone and power
transmission lines in utility easements or
public rights-of-way, not requiring�a site
plan review as defined in the DCC
18.124.060, '�hufeahrspires, be1 ,
demes, menuments, fire and hose t
smekestaeh,—flagpoles not exceeding
forty (40) feet.; and agricultural
structures as defined in this ordinance.
This exception does not apply to an
Airport Development Zone, Apert
Height Gembining Airport Safety
Combining Zone or Landscape
Management Combining Zone.
B. The following structures or structural
parts may receive exceptions to the
building height limitations of Title 18 if
approved as part of a Site Plan Review,
as defined in the DCC 18.124.060 and
subject to the criteria contained therein,
public schools vertical support structures
for telephone and power transmission
lines requiring a site plan structures that
are necessary for public safety and
flagpoles This exception does not
supercede the more restrictive
requirements that are found in the Airport
Safety Combining Zone or Landscape
Management Combining Zone.
B -.C. An exception (up to 36 feet) to the
building height limitations for structures
not otherwise exempted by
18.120.040(A) may be approved upon
findings that:
1. The structure is not located in a
Landscape Management Zone,
except when the structure is a single-
family dwelling with an attached
hangar located in an unincorporated
community and the structure has a
maximum height of 35 feet including
chimneys, antennas, flagpoles or
other projections from the roof of the
structure;
2. The structure is not located within
100 feet of any rimrock, as defined in
DCC 18.04.030;
3. After consultation with the
applicable fire department, the
proposed height does not exceed the
height limitation of the department's
fire fighting equipment, considering
the evacuation of the building's
occupants and the fire fighting
requirements of the department;
4. The proposed additional height will
not adversely impact scenic views
from existing nearby residences; and
5. The proposed structure shall
relate harmoniously to the natural
environment and existing
development minimizing visual
impacts and preserving natural
features including_ views and
topographical features.
(Ord 2001-004 § 3, 2001; Ord. 96-035 § 1,
1996; 93-043 § 20C, 1993; Ord. 92-055 § 10,
1992; Ord. 92-036 1, 1992)
Page 1 of 1 -EXHIBIT "A" TO ORDINANCE NO. 2001-004 (05/02.01)