2001-884-Ordinance No. 2001-048 Recorded 12/13/2001REVIEWED
LEGAL COUNSEL
REVIEWED
.1�
CODE REVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL
COUNTYCLERKCJ 10010884
COMMISSIONERS' JOURNAL 12/13/200101:14:35 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, Zoning Ordinance,
Of the Deschutes County Code, and Prescribing an
Effective Date of March 13, 2002.
ORDINANCE NO. 2001-048
WHEREAS, the Board of County Commissioners has determined that to comply with
Periodic Review and OAR 660-22, amendments to the Deschutes County Zoning Ordinance are
required; and
WHEREAS, after notice and hearing as required by law, the Board of County
Commissioners has considered the recommendation of the Planning Commission, now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. AMENDMENT. Section 18.04.030, Definitions, of the Deschutes County
Code is amended to include the definitions described in Exhibit "A," attached hereto and by this
reference incorporated herein, with new language underlined.
Section 2. ADDING. Title 18 of the Deschutes County Code is amended by the
addition of a new chapter, Chapter 18.110, Resort Community Zone, as described in Exhibit `B,"
attached hereto and by this reference incorporated herein.
Section 3. AMENDMENT. Pursuant to Section 18.12.030 of the County Code, the
zoning map is amended as shown in Exhibits "C," "D," and "E," attached hereto and
incorporated herein by this reference.
Section 4. AMENDMENT. Section 18.12.010, Establishment of zones, of the
Deschutes County Code, is amended to read as shown in Exhibit "F," attached hereto and
incorporated herein by this reference, with new language underlined.
Section 5. FINDINGS. Findings to support this ordinance are set forth in the staff
report, attached as Exhibit "H" to Ordinance No. 2001-047 and by this reference incorporated
herein.
PAGE 1 of 2 - ORDINANCE NO. 2001-048 (11/28/2001)
Section 6. EFFECTIVE DATE. This Ordinance takes effect on March 13, 2002.
DATED this JE!�—day of December, 2001.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTE�COUNTY, O1ZEGON
Tom DgWo)f, Chair
ATTEST: Denflis R. Luke, Com
Recording Secretary Mica M. aly, toi
PAGE 2 of 2 - ORDINANCE NO. 2001-048 (11/28/2001)
EXHIBIT "A"
18.04.030. Definitions.
"Resort utility facilities" means buildings,
structures and uses, not includingliving iving quarters,
that provide or are used in connection with
activities of a service or infrastructure nature for
the operation and maintenance of a resort
community. Such facilities include, but are not
limited to: sewage treatment plant, water
treatment, transmission lines, wells and pumping
equipment, substation or pump station, irrigation
systems, equipment storage, repair yard or
building, facilities mandated by the Oregon
Department of Environmental Quality, cable
television facility, and administrative offices.
"Resort recreation facilities" means any
combination of the following recreational
amenities and their accessory uses: health and
fitness facility, golf course includin
development such as executive, Par 3 and pitch
and putt golf course), golf course accessory uses,
tennis court, park, playground, picnic and
barbecue area, in-line skating area, recreational
path, miniature golf facility, nature center,
equestrian facility, swimming pool, basketball
and volleyball court, running track, ball fields, ice
skating rink, or similar use intended for sport or
play, and community center.
(Ord 2001-048 § 1, 2001; Ord. 97-078 § 5; 1997)
PAGE 1 of 1 - EXHIBIT "A" TO ORDINANCE NO. 2001-048 (11/28/01)
EXHIBIT `B"
Chapter 18.110. RESORT COMMUNITY
B. Uses permitted subject to site plan review.
ZONE
The following uses and their accessory uses
are permitted subject to applicable provisions
18.110.010. Purpose.
of this chapter and chapters 18.116,
18.110.020. Resort District.
Supplementary Provisions, and 18.124, Site
18.110.030. Widgi Creek Residential
Plan Review, of this title:
District.
1. Resort facility, as that term is defined in
18.110.40. Black Butte Ranch Surface
this title.
Mining /Limited Use
2. Resort recreation facilities, as that term is
Combining District.
defined in this title, except those uses
18.110.045. Black Butte Ranch Utility
listed in DCC 18.110.020(A)(6).
/Limited Use Combining
3. Resort utility facilities, as that term is
District.
defined in this title.
18.110.050. Development Standards.
4. Property sales and rental office.
5. Hotel or motel.
6. Daycare facility.
18.110.010. Purpose.
7. Fire station.
The purpose of the Resort Community Zone is to
8. Post office.
provide standards and review procedures for
9. Multiple -family dwellings.
development in the communities of Black Butte
10. Employee housing.
Ranch and The Inn of the Seventh
Mountain/Widgi Creek. The provisions of this
C. Conditional uses permitted. The following
chapter shall apply to any Resort Community that
uses and their accessory uses are permitted
is planned pursuant to OAR 660 Division 22.
subject to the applicable provisions of this
(Ord. 2001-048 § 2, 2001)
chapter and chapters 18.116, Supplementary
Provisions, 18.124, Site Plan Review, and
18.110.020. Resort District.
18.128, Conditional Use, of this title:
1. Church.
A. Uses permitted outright. The following uses
2. Wireless telecommunications facility.
and their accessory uses are permitted
(Ord. 2001-048 § 2, 2001)
subject to the applicable provisions of
section 18.110.050 of this chapter:
18.110.030. Widgi Creek Residential
1. Single-family dwelling.
District.
2. Residential home.
The following uses and their accessory uses are
3. Residential facility.
permitted subject to the applicable provisions of
4. Timeshare units existing as of January 1,
section 18.110.050 of this chapter:
1984 at Black Butte Ranch.
5. Timeshare units at the Inn of the Seventh
A. Single-family dwelling.
Mountain.
B. Residential home.
6. The following resort recreational
C.Residential facility.
facilities: Recreational path, picnic and
D. Timeshare units.
barbecue area, park, playground, and
(Ord. 2001-048 § 2, 2001)
sport courts for basketball, volleyball,
and similar small-scale recreation
activities.
7. Livestock and horse grazing on common
area in Black Butte Ranch.
8. Police or security facility.
PAGE I of 4 - EXHIBIT `B" TO ORDINANCE NO. 2001-048 (11/28/01)
EXHIBIT `B"
18.110.040. Black Butte Ranch Surface
Mining / Limited Use Combining
District.
A. Outright Permitted Uses. The following
uses are allowed outright:
1. Mining, processing and storage of
aggregate within the the 8.6 -acre area
which has a valid Oregon Department of
Geology and Mineral Industries
(DOGAMI) exemption.
2. Outdoor equipment storage.
3. Effluent/sludge storage and disposal.
4. Composting activities.
5. Forest uses including woody debris
disposal.
B Site Plan. The following use is permitted
subject to DCC 18.52:
1. Mining, processing and storage of
aggregate once mining mining affects
more than five acres outside the 8.6 -acre
area with a valid DOGAMI exemption.
C. Uses Permitted Subject to Site Plan Review.
The following uses are permitted in an area
reclaimed after mining, subject to DCC
18.124:
1. Solid waste transfer station.
2. Equipment repair shop or other
maintenance facilities.
(Ord. 2001-048 § 2, 200 1)
18.110.045. Black Butte Ranch -Utility /
Limited Use Combining
District.
A. Uses Permitted Outright. The following uses
are permitted outright:
1. Outdoor or enclosed storage, large
equipment or general.
2. Effluent/sludge storage and disposal.
3. Composting activities.
4. Forest uses including woody debris
disposal.
5. Recreational vehicle or other outdoor
equipment storage for resort property
owners or visitors.
B. Uses Permitted Subject to Site Plan. The
following uses are permitted west of McCallister
Road, subject to DCC 18.124:
1. Telephone communications facility or
other utility uses, also subject to DCC
18.128 if applicable.
2. Equipment repair shop or other
maintenance facilities.
3. Housekeeping facility.
4. Employee housing, subject to a minimum
250' setback from the surface mining
limited use combining district and DCC
18.56.
5. Administration offices.
(Ord. 2001-048 § 2, 2001)
18.110.050. Development standards.
A. Setbacks.
1. Single -Family Dwelling. The following
setbacks shall be maintained for single-
family dwellings and accessory uses on
residential parcels:
a. Front Yard. The front yard shall be
a minimum of 20 feet at Black Butte
Ranch and The Inn of the Seventh
Mountain, and 30 feet at Widgi
Creek.
b. Side Yard. The side yard shall be a
minimum of 10 feet, except on the
street side of a corner lot the side
yard shall be a minimum of 20 feet.
c. Rear Yard. The rear yard shall be a
minimum of 20 feet.
d. In Black Butte Ranch a lesser
setback shall be approved based on
written approval from the Black
Butte Ranch Architectural Review
Committee (ARC) or its successor.
The granting of a lesser setback
based on documented ARC approval
does not constitute a land use
decision by the County.
2. All Other Uses. The following setbacks
shall be maintained for buildings and
structures used for purposes other than a
single-family dwelling and residential
PAGE 2 of 4 - EXHIBIT "B" TO ORDINANCE NO. 2001-048 (11/2 8/0 1)
EXHIBIT `B"
accessory uses, unless a greater setback
is required pursuant to site plan review or
other applicable provisions of this title:
a. Front Yard. The front yard shall be a
minimum of 10 feet.
b. Side Yard. Zero (0) feet except that,
when a side lot line is adjoining a lot
used for single-family residential
purposes, the side yard shall be a
minimum of 10 feet and shall be
increased by one-half foot for each foot
by which the building height exceeds 20
feet.
c. Rear Yard. Zero (0) feet except that,
when a rear lot line is adjoining a lot
used for residential purposes, the rear
yard shall be a minimum of 10 feet and
shall be increased by one-half foot for
each foot by which the building height
exceeds 20 feet.
d. Perimeter Setback. All uses in the Black
Butte Ranch Surface Mining or Utility
Limited Use Combining Districts shall
maintain a minimum setback of 50' from
a perimeter boundary adjacent to land
zoned for forest uses.
e. Forest Zone Setback. New uses adjacent
to land zoned Forest shall have a
minimum setback of 20 feet from the
Forest zone boundary.
B. Other Setbacks. The following setbacks
shall be maintained for buildings and
structures, based on the applicable
provision(s) of this title or code:
1. Solar Setback. The setback from the
north lot line shall meet the solar access
setback requirements in DCC 18.116.180
for south roof protection.
2. Waterway Setback. All structures,
buildings or similar permanent fixtures
shall be set back from the ordinary high
water mark along all streams and lakes a
minimum of 100 feet measured at right
angles to the ordinary high water mark.
3. Building Code Setbacks. In addition
to the setbacks set forth herein, any
greater setbacks required by applicable
building or structural codes adopted by
the State of Oregon and/or Deschutes
County under DCC 15.04 shall be met.
4. Rimrock Setbacks. Setbacks from
rimrocks shall be maintained as provided
in DCC 18.84 or DCC 18.116.160,
whichever is applicable.
5. Scenic Waterway. The applicable
provisions in DCC 18.84 shall be met.
6. Floodplain. The applicable provisions in
DCC 18.96 shall be met.
C. Building Height.
1. Resort Facility and Resort Utility
Building. No resort facility or
resort utility building or structure shall be
erected or enlarged to exceed forty (40)
feet, or thirty (30) feet when the
provisions in DCC 18.84.080 are
applicable, unless a variance for a greater
height is approved. For the purposes of
this paragraph an application for a height
variance may be granted provided the
Planning Director or Hearings Body
makes only the following findings:
a. The proposed height does not exceed the
height limitation of the appropriate fire
agency's (either Black Butte Ranch Rural
Protection Fire District or City of Bend
Fire Department) fire fighting equipment,
considering the evacuation of the
building's occupants and the fire fighting
requirements of the agency; and
b. The proposed additional height will not
adversely impact scenic views from
adjoining residences or adjoining
residential building sites.
c. Approval of a height variance in a state
scenic waterway shall be conditioned
upon receipt of approval from the Oregon
Parks and Recreation Department.
2. All Other Buildings. No building or
structure used for purposes other than a
resort facility or resort utility, including a
single-family dwelling, shall be erected
or enlarged to exceed thirty (30) feet in
height, except as provided by DCC
18.120.040.
PAGE 3 of 4 - EXHIBIT `B" TO ORDINANCE NO. 2001-048 (11/28/01)
EXHIBIT `B"
3. Scenic Waterway. The applicable
provisions in DCC 18.84 shall be met.
D. Lot Coverage.
1. Single-family dwelling. The maximum
lot coverage by a single-family dwelling
and accessory structures shall be forty
(40) percent of the total lot. In Black
Butte Ranch a greater lot coverage shall
be approved based on documentation of
written approval from the Black Butte
Ranch Architectural Review Committee
(ARC) or its successor. The granting of
greater lot coverage based on
documented ARC approval does not
constitute a land use decision by the
County
2. All Other Buildings. The maximum lot
coverage by buildings and structures
used for purposes other than a single-
family dwelling shall be determined by
the spatial requirements for yard
setbacks, landscaping, parking and
utilities.
E. Off -Street Parking and Loading.
1. Single -Family Dwelling. Off-street
parking shall be provided for a minimum
of two motor vehicles per dwelling.
2. All Other Uses. Off-street parking and
loading shall be provided subject to the
requirements of DCC 18.116.
F. Outdoor Lighting. All outdoor lighting
shall be installed in conformance with DCC
15.10.
G. Excavation, Grading and Fill and Removal.
Excavation, grading and fill and removal
within the bed and banks of a stream or lake,
or in a wetland shall be subject to section
DCC 18.128.040(W), unless the activity
meets the exception provisions in DCC
18.120.050.
H. Signs. All signs shall be constructed in
accordance with the provisions of DCC
15.08.
I. Lot Requirements.
1. Single -Family Dwelling. A new lot for a
single-family dwelling served by a
community or public sewerage system
shall have a minimum area of 6,000
square feet and a minimum average
width of 60 feet, except that a corner lot
shall have a minimum average width of
70 feet. A new lot for a single-family
dwelling served by an on-site septic
system shall have a minimum area of
22,000 square feet and a minimum
average width of 100 feet. Any new
residential lot shall have a minimum
width at the street of 50 feet, except for a
lot on a cul-de-sac, in which case the
minimum width shall be 30 feet.
2. All Other Uses. Every lot created for
purposes other than residential use shall
have dimensions for lot area, width And
depth necessary for yard setbacks,
landscaping, parking and utilities for the
proposed use.
(Ord. 2001-048 § 2, 2001)
PAGE 4 of 4 - EXHIBIT `B" TO ORDINANCE NO. 2001-048 (11/28/01)
EXHIBIT "C"
BLACK BUTTE RANCH RESORT COMMUNITY
N Ruc
Q BLnCX BUTTE RUJCN RESORT COWUNiTT BOUNOMv ZONING MAP
— BUTTE R -Cl RESORT
oRESORT �—TY--CTNT.��
N� Exhibit "C to Ordinance 2001-048
OE—BUTTE B—CN UTILITY - iN—a TRi T
O Buts BUTTE — SU—E 11— U1UE1 USE cc -1— aSTRICT N
W+ E
DeaAn
cMCounty, s
2000 0 2000 Feet
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tom De Wolf, Chair
Dennis R. Luke, Commissioner
Michael M. Daly, Commissioner
ATTEST: Recording Secretary
Dated this day of December, 2001
Effective Date: March . 2002
/V -ELS
® DESCHUTES RNER
O INN OF THE TDI M%IW IDGI CREEK RESORT COMMUNITY BOUNDRRY
NNOF THE TTHM IWIDGI CRE EK RESORT COMMUNITY MNING
= RESORT COMMUNITY DISTRICT
E=3 WIDGI CREEK RESIDENTIRL DISTRICT
oe.UMees coon
EXHIBIT "D"
INN OF THE 7TH MOUNTAIN / WIDGI CREEK
RESORT COMMUNITY
ZONING MAP
Exhibit "D" to Ordinance 2001-048
N
w+ E
S
1000 0 1000 Feet
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tom DBWOIf, Chair
Dennis R. Luke, Commissioner
Michael M. Daly, Commissioner
ATTEST: Recording Secretary
Dated this day of December 2001.
Effecti� Data: March 2002.
EXHIBIT "E"
i
i
INN OF THE 7TH MOUNTAIN / WIDGI CREEK
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tom DeWoff, Chair
Dennis R. Luke, Commissioner
Michael M. Daly, Commissioner
ATTEST: Recording Secretary
Dated this _day of December, 2001.
Effective Date: March 2002.
RESORT COMMUNITY
PARCELS
® DESCHUTES RIVER
P --SINN OF THE 7TH MTN I
WILDLIFE AREA COMBINING ZONE MAP
WIDGI CREEK RESORT COMMUNITY BOUNDARY
L7 WILDLIFE AREA COMBINING ZONE
CZIAREA WITHIN RESORT COMMUNITY BOUNDARY TO BE EXCLUDED
Exhibit "E" to Ordinance 2001-048
FROM WILDLIFE AREA COMBINING ZONE
Deschutes County /2
N
WE
Cammuri ty DwelopmeM
o.........s..-.0-n.i..
5
1000 0 1000 Feet
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tom DeWoff, Chair
Dennis R. Luke, Commissioner
Michael M. Daly, Commissioner
ATTEST: Recording Secretary
Dated this _day of December, 2001.
Effective Date: March 2002.
EXHIBIT "F"
18.12.010. Establishment of zones.
For the purpose of DCC Title 18, the following
primary zones, combining zones, subzones and
zone districts are hereby established:
A. Primary zones.
Airport Development
AD
Exclusive Farm Use Zones
EFU
Flood Plain
FP
Forest Use
F 1
Forest Use
F2
Multiple Use Agriculture
MUA10
Open Space and Conservation
OS&C
Rural Industrial
RI
Rural Residential
RR10
Rural Service Center
RSC
Rural Service
LPNCFL
Residential -M
RSRM
Rural Service
LPNC
Residential -5
RSR5
Surface Mining
SM
Terrebonne Rural Community
TE
Tumalo Rural Community
TU
La Pine Urban Unincorporated
Community
LP
Sunriver Urban Unincorporated
Community
SU
Combinina Zones Abbreviations
Airport Height
AH
Conventional Housing
CH
Destination Resort
DR
Landscape Management
LM
Limited Use
LU
Sensitive Bird & Mammal Habitat
SBM
Surface Mining Impact Area
SMIA
Wildlife Area
WA
Alfalfa
EFUAL
Horse Ridge East
EFUHR
La Pine
EFULA
Lower Bridge
EFULB
Sisters/Cloverdale
EFUSC
Terrebonne
EFUTE
Tumalo/Redmond/Bend
EFUTRB
D. Unincorporated Community Zones.
1. La Pine Urban Unincorporated
('nmmimihi
La Pine Planning Area Abbreviations
Commercial District
LPC
Community Facility District
LPCF
Community Facility Limited District
LPCFL
Flood Plain District
LPFP
Industrial District
LPI
Business Park District
LPBP
Residential District
LPR
Sewer Treatment District
LPST
Neighborhood Planning Area Abbreviations
Neighborhood Community Facility
LPNCF
Neighborhood Community Facility
LPNCFL
Limited
Neighborhood Commercial
LPNC
Neighborhood .Park/Open Space
LPNPO
Neighborhood Residential Center
LPNRC
Neighborhood Residential General
LPNRG
Wickiup Planning Area Abbreviations
Wickiup Commercial/Residential
LPWJ
2. Sunriver Urban Unincorporated
Airport District
SUA
Business Park District
SUBP
Commercial District
SUC
Community General District
SUCG
Community Limited District
SUCL
Community Neighborhood District
SUCN
Community Recreation District
SUCR
Flood Plain Combining District
SUFP
Forest District
SUF
Multiple Family Residential District
SURM
Resort District
SUR
PAGE 1 of - EXHIBIT "F" TO ORDINANCE NO. 2001-048(11/28/01)
EXHIBIT "F"
Resort Equestrian District
SURE
Resort Golf Course District
SURG
Resort Marina District
SURA
Resort Nature Center District
SURN
Single Family Residential District
SURS
Utility District
SUU
Terrebonne RC Districts
Abbreviations
Commercial District
TERC
Commercial -Rural District
TECR
Residential District
TER
Residential -5 acre minimum
District
TER5
Commercial District TUC
Residential District TUR
Residential -5 acre minimum
District TUR5
Research & Development District TURE
•r r u
#-a= I :::
EMNOW1 =1 Wt. Me
•r I11 ,
(Ord. 2001-048 § 5, 2001, Ord. 2001-044 § 2,
2001; Ord. 98-063 § 2, 1998; Ord. 96-003 § 4,
1996; Ord. 92-025 § 5, 1992)
PAGE 2 of 2 - EXHIBIT "F" TO ORDINANCE NO. 2001-048(11/28/01)
FIGURE 'T'
BLACK BUTTE RANCH RESORT COMMUNITY
= PARCELS
O BLACK BUTTE RANCH RESORT COMMUNITY BOUNDARY
® BLACK BUTTE RANCH SURFACE MINING -
LIMITED USE COMBINING DISTRICT
® BLACK BUTTE RANCH UTILITY -
LIMITED USE COMBINING DISTRICT
C]LANDSCAPE MANAGEMENT -ROAD
SURFACE MINING IMPACT AREA
COMBINING ZONE MAP
N
w + e
s
2000 0 2000 Feet
uewwm county . .
c<nvn� oa.abp�+M .c.
FIGURE "2"
INN OF THE 7TH MOUNTAIN / WIDGI CREEK
RESORT COMMUNITY
/V PARCELS
DESCHUTES RIVER
O INN OF THE 7TH MTN / WIDGI CREEK RESORT COMMUNITY BOUNDARY
LANDSCAPE MANAGEMENT ZONING
0 LANDSCAPE MANAGEMENT -ROAD
=LANDSCAPE MANAGEMENT - RIVER
® LANDSCAPE MANAGEMENT - ROAD & RIVER
LANDSCAPE MANAGEMENT
COMBINING ZONE MAP
N
W+ E
S
1000 0 1000 Feet
Deschutes County a= -
Community Dwelopmant ;r
w.yyum.�.a...ry.rm