2003-195-Ordinance No. 2003-007 Recorded 3/26/2003Rl?VIEWI?ll DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK hJ L
COMMISSIONERS' JOURNAL
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COI)I: RI''A COMM11"FEE
For Recording Stamp Only
l31?1'OP.I?"1'111:130ARI) Ol` COUNTY ('OMMISSIONERS OP 1)F1S(71U7'1?S ('OUNT]', ORl?GON
An Ordinance Amending Title 18 of the
Deschutes County ('ode, the ('ounty Zoning * ORD1NANCP. NO. 2003-007
Ordinance, to tJpdate the Forest Use I (I'-1) and
Forest Usc 2 (1'-2) Zones to Reflect Changes in
State I ,aw, and Declaring an Emergency.
W11FREAS, the Oregon Stale. Legislature and the Oregon land Conservation and Development
Commission ]lave created new law and administrative rules gova-ning lands designated for forest use; and
Wl IFRFAS, state law requires Deschutes ('ounty to implement land use regulations for areas zoned 1`61-
forest
orforest uses; and
Wi ll'RFAS, both the legislature and IC'DC have passed several changes to the law and the
administrative rules governing land zoned for forest uses; and
Wi ll?RI?AS, the Board of County Commissioners finds that it is in the public interest to make the
county's land use regulations consistent with state law; and
W1 II',RFAS, the County has held public hearings on the proposed amendments to the forest tlse. (I'1
and 1'2) Zones before the; Planning Commission and the 130ard of County Commissioners; and
WI11?RFAS, the Deschutes County Planning Commission recommends adoption of the amendments
before the Board; now, therefore,
7711? BOARD OF ('OUNTY COMMISSIONERS Ol` l)1?SC11U77?S COON"I'Y, 01 FGON, ORDAINS
as follows:
Section l AMFNDMFN7'. DCC Chapter 18.36, forest tlse /,one -1'l, is amended to read as described
in ]'Ahibit "A attached hereto and by this reference incorporated herein, with new language underlined and
language to be. deleted in st ik-e4i —Ri0. -
Section 2 AMENDMI'NT. 1XV Chmpter 18.40, forest Use /,one -1'2, is hereby amended to read as
described in 1?xhibit "Ji," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in 4tikethrotfgh.
Section 3. IiMFRGFNCY. 'Phis 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.
PAG F 1 OI' 2 - ORI )I NAWE NO. 2003-007 (03/26/03)
DATED this day ofVLt� , 2003.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Char
TOM DEWOLF, Commissioner
, I �'/" 3, Z�' //0 A -6
C AEL M. DALY, Commi Toner
Date of 1" Reading: ,;�V day of 6LA C42003.
Date of 2"a Reading: Z day ofW '�1 2003.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Tom DeWolf
Michael M. Daly
Effective date: ' day of 03.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2003-007 (03/26/03)
l?X111BIT "A"
Chapter 18.36. FOREST USI? ZONE -
F-1
18.36.010.
Purpose.
18.36.020.
Uses permitted outright.
18.36.030.
Conditional uses permitted.
18.36.040.
Limitations on conditional uses.
18.36.050.
Standards for single-family
dwellings.
18.36.060.
Siting of dwellings and structures.
18.36.070.
Fire siting standards for dwellings
and structures.
18.36.080.
]Fire safety design standards for
roads.
18.36.085.
Stocking requirement.
18.36.090.
Dimensional standards.
18.36.100.
Yards and setbacks.
18.36.110.
Stream setbacks.
18.36.120.
State law controls.
18.36.130.
Rinrrock setbacks.
18.36.140.
Restrictive covenants.
18.36.010. Purpose.
The purpose of the forest Use 'hone is to
conserve forest lands.
(Ord. 92-025 § 2, 1992; Ord. 91-020 § 1, 1991)
strUC-tUrc_os_land Which providcs_hclp or is
directly-aSSociaWd- wills thcsonduct—of it
particular _forest_-vracticc. An _-:auxiliary
structures_ located _ o1i site. temporary Ill
1lature, and is notslcsigncd to-rcinain for the
forest� entire growill cycle from Planting to
11arvesting.-Ai1 auxiliary use is removed wllcli
a prticular forest practice 11aS C011cluded.
C. Physical alterations to commercial forest land
auxiliary to sorest practices including, but not
limitod to, those made for purposes of
exploration, mining, commercial gravel
extraction and processing, landfills, dams,
reservoirs, road construction or recreational
facilities. Gravel extraction and processing
not covered by DCC 18.36.020 is governed
by DCC 18.52.
D. Uses to conserve soil, air and water duality
and to provide for wildlife and fisheries
l""OUrees.
1. farm use as defined in ORS 215.203.
18.36.020. Uses permitted outright.
The following uses and their accessory uses are
pernlittai outright, subject to applicable siting G
criteria set forth in DCC 18.36 and any other
applicable provisions ofl?CC Title 18.
A. forest operations or fo►-cst practices
including, but not limited to, reforestation of
foaCst land, road construction and
maintenance, harvesting of a forest tree
Species, application of chemicals and
disposal of slash.
B. 7'enapoaary on-site structures which arc.
auxiliary to and used during the term of a
parlicular forest operation. As used here,
temporary structures are those which are
portable and/or not placed on a permanent
1`61.111l8tion, and which are removed at the
conclusion of the forest operation acquiring
its use. For-Ahc-purposes of—tliis_section.
including -DC' --C —1&3-6,020(13)_ d (
anQ
"twxiliary" lncans_a—use or_altcratioil-of a
Local distribution lines (e.g., electric,
telephone, natural gas, etc.) and accessory
equipment (C -g-, electric distribution
transRu-11ers, poles, meter cabinets, terminal
boxes, pe(Iestals), or equipment which
provides service hookups, including water
service hookups.
Temporary portable facility for the primary
processing of forest products. The facility
shall not be placed on a permanent
foundation and shall be removed at the
conclusion of the forest operation requiring
its use.
11. 1?xploratloll iba mineral and aggregate
resources as defined in ORS 517.
Towels and fire stations for forest fire
protection.
J. Widening of roads within existing rights of
way in conformance with the transportation
element of the comprehensive plan including
public road and highway projects as
described in ORS 215.283(l )(k) through (la).
PM iF 1 OF 10 - I'M II IT "A" TO ORDINANCE 2003-007 (03/26/03)
EX 111131'1' " A"
K. Water intake facIIItics, canals and
disU_ibution lines Eor farm irrigation and
ponds.
I,. Uninhabitable structures accessory to fish
and xvildlifc enhancement.
M. Alteration, restoration or replacement of a
lawfully established dwelling that:
1. Has intact exterior walls and roof
structure;
2. Has indoor plumbing consisting of a
kitchen sink, toilet and bathing facilitics
connected to a sanitary waste disposal
system;
3. l las interior wiring for interior lights;
4. l las a heating system; and
5. In the case of replacement, is removed,
demolished or converted to an allowable
Ilse within three months of coml)lction of
tile. replacement dwelling.
N. All onldoor_srn►ss._ athering�s __defuled_in
ORS 41-1.735 _or_ olhel ,alllcrilrgszf_.fexvcr
than 3.000 uersoILislraLis�lot-wlticipatedso
contillllc__fW-_lnorc_thtul 120_hour i_in-any
flu cc -month lJcriod�s�loL� _ 'lsuld _use
dccision" as_dcfincd�l.ORS7.015�10)�
SULliect to rcvicyv_ uldcf_0AR_6.60_-G06._
(Ord. 2003-007 § 1, 2003; Ord. 94-038 § 1, 1994;
Ord. 92-025 § 2, 1992; Ord. 91-020 § 1, 1991;
Ord. 91-002 § 8, 1991)
18.36.030. Conditional uses permitted.
The following uses and their accessory uses may
be allowed in the forest Use %one, subiect to
applicable provisions of the C'onlprehensivc. flan,
DUC 18.36.040 and other applicable sections of
DCC "Title. 18.
A. Private hunting and fishing operations
without any lodging accommodations.
13. Caretaker re idcnccs for public parks and fish
hatcheries.
C. Temporary forest labor camps limited to the
duration of the forest operation requiring its
use.
1). 1�.xploratloll for and production of
geothermal, gas, oil and other associated
hydrocarbons, including the placement and
operation of compressors, separators and
other customary production equipment for an
individual well adiacent to the well head.
I ?. Log scaling and weigh stations.
1Disposal site for solid waste for which the
Department of FlIVlr'olmlelltal Qh►ality has
granted a permit under ORS 459.245,
together with equipment, facilities or
buildings necessary for its operation.
G. Prlvatc parks and campgrounds.
Campgrounds 111 private _parks _shall only be
those_. allow -ed _---by--- OAR 660-.006-0025.
L'xcept oil a lot_or parcel s011tiguous_10 it lake
o►. reservoir,--campgrowids _sluffl not be
allowed__ within _threc--miles-of_sul urban
growth boluldary _ ulilcss an exception _ is
apProved Pursuant to URS_ 197.732 sold OAR
Chapter 660, ) , sim-4. FOY the purpose of
DCC 18.36.030 a campground is an arca
devoted to overnight temporary use for
vacation, recreational or emergency,
purposes, but not for residential purposes. A
campgromd-shall be designed and intcgratcd
into the rural_ ag'ieLlltlural and forest
1mvlrcmillellt ill --,I lllalmer that protects the
natured anrcllitics of the site and provides
buflcrs of cxistingslativc 1recS saki vcgctation
ol'__olhcl-_rlatural features between caunpsitcs.
A camping site may be occupied by it tent,
Iravel trailer or recreational vehicle.
Campgrounds shall not include intensively
developed recreational uses such as
swimming pools, tennis courts, retail stores
or gas stations. Overnight temporary use in
Ilic- _salnc. campgrourld-by -_a_-camper or
camper's vclucic_shall not c.xcccd a total of
30 days during,_ any consecutive 6 month
period.
H. Mining and processing of oil, gas or other
subsurface resources, as defined in ORS
520.005, and not otherwise permitted under
1)CC 18.3 6.03 0(1 )).
1. Television, microwave and radio
communication facilities and transmission
towers.
Dire stations 1101'1111 -al circ protection
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1?XI11131T "A"
K. Utility facilities for the purpose of generating
power. A power generation facility shall not
preclude more than 10 acres from use as a
commercial forest operation unless all
exception is taken pursuant to Oregon
Administrative Rules 660, Division 4.
L. Aids to navigation and aviation.
M. Water intake facilitics, related treatment
faellltlCS, 1)111111)1/19 stations and dlStl-lbntlon
lines.
N. Reservoirs and water impoundments.
O. Cemeteries.
1'. New electric transmission lines with
right-of-way widths of up to 100 feet as
specified in ORS 772.210. New dlStrlb11tlon
lines (e.g. electrical, gas, oil, geothermal)
with rights of way 50 feel or less in width.
Q. Temporary asphalt and concrete batch plants
as accessory uses to specific highway
projects.
R. llonlc. occupations as defined in DCC
18.04.030 and subject to DCC 18.128.110.
S. I"Xpallsloll of cx►st►Ilg il►►'pol'ts.
U
Public road and highway projects as
described as ORS 215.283(2)(1)) through (r)
and 215.283(3).
Private accommodations for fishing occupied
on a temporary basis subject to other
applicable sections of DCC "Title 18 and the
following reg11irclnents:
1. Accommodations are limited to no more
than 15 guest rooms as that term is
dCIinCCI ill the Oregoll Structural
Specialty Code;
2. Only minor incidental alld accessory
retail sales arc perinittal;
3. Accommodations arc occupied
tcnlporarily for the purpose of' fishing
during fishing seasons authorized by the
Oregon Dish and Wildlife Commission;
and
4. Accommodalions must be located within
onc-quarter mile of fish -bearing -{'la" 1
Type F _ waters-- as—cic .--in---Oregon
Administrcrtivr. Rttks-629=-24 1"-7).
V. forest management research and
experinlentatioll facilitius as defined by ORS
526.215 or where accessory to forest
operations.
W. Excavation, grading and 1111 and removal
within the bed and banks of a stream or river
or ill a wetland, subject to DCC 18.120.0.50
and 18.128.270.
X. A mallllfactured home ill conjunctloll with all
existing dwelling as a temporary use for the
terns of a hardship suflcred by the existing
resident or a relative as defined in ORS
215.283. The use shall be subject to the
review criteria ill DCC 18.116.090, as well as
DCC 18.36.040 and 18.36.060 of this
chapter. The manufactured honk shall use
the same subs11rlace sewage disposal systelll
used by the existing dwellings if that disposal
system is adequate to accommodate the
additional dwelling. A temporaq-1-csidcucc
approvcdsuldci_this-subscclion is not eligible
for rs.placcmcllt_undcr OAR 660-006-025
(3XP).-
Y. Single-family dwellings or manufactured
homes as specified in DCC 18.116.070, as
pursuant to DCC 18.36.050.
G.1'><lbli.c.-pzuks_ including --Only--- Ahosc. -- uses
spcc led_under OAR 660-034-0035.
AA.Privatc seasonal acconunodatiolls for kv
hlultillg 0perations may be allowed subject to
DCC _18,36.050 and the following
rcclllircments:
I . Accommodations rine _lllnitecl to no lllolc
than_15__gucsl_rocnus_as- that term is
dcfllled ill the Orcgoll Structural
;specialty Codc;
2. Only--iiiinor ineidcntal and accessory
retail sales -arc pcllniltul, and;
3. Acconnllodatiolls arc occupied
tunporal-Ily for the p ll'posc of hunting
during game bird_and big game hunting
seasons aclthorizcd-by_lhc_Oregon Fish
and Wildlife Conullissioll
1313.Any_gathering_su�jectloreview by t county
phulli lig commission under the provisions of
ORS 433.763. Thcsc gathci-Ings arc those of
more than 3,000 persons which contillue or
1'M il' 3 OF 10 - 1A111131T "A" TO ORDINANCE 2003-007 (03/26/03)
EXHIBIT"Alt
i -,illi rcas4lli1b1y_1c_xbp"e d -to contii=_141.
parcel, or the applicant shall sign and
illore_than 124_hours Kithlllstny� tilts-, lnilllth
record with the County Clerk
period_alld wly part of which -is llcldAnspc11
covenants, conditions and
spaccs.
restrictions (on a form substantially
(Ord. 2003-007 § 1, 2003; Ord. 2000-033 § 1,
similar to that set forth in DCC
2000; Ord. 94-038 1, 1994; Ord. 92-068 § 1,
18.36.140) prohibiting the siting of a
1992; Ord. 92-025 § 2, 1992; Ord. 91-038 § 1,
dwelling on the Undeveloped
1991; Ord. 90-014 § 28, 1990; Ord. 86-018 § 8,
portions of the tract. Such
1986)
covenants, conditions and
restrictions are irrevocable, unless a
18.36.040. Limitations on conditional uses.
statement of release is signed by the
A use authorized by DCC 18.36.030 must meet
County Planning Director, or his
the lollowing requirements. 'These requirements
authorized representative.
arc designed to make the use compatible with
c. No other dwellings shall be located
JOICst operations and agriculture and to conserve
on the tract.
values found on forest lands.
d. The applicant shall provide evidence
A. The proposed Use will not force a significant
that any domestic water supply is
change in, or significantly increase the cost
fron) a source authorized in
of, accepted farming or forest practices on
accordance with tile, Department of
agricultural or forest lands.
Water Resources Oregon
Administrative Rules for the
13. The proposed use will not significantly
appropriation of ground water
increase fire hazard or significantly increase
(Oregon Administrative Rules 690,
fire suppression costs or significantly
Division 10) or surface water
increase risks to fire suppression personnel.
(Oregon Administrative Rules 690,
C. prior to final approval of any use listed in
Division 20) and not from a Class 11
DCC 18.36.030, the land owner shall sign
stream as defined in the Forest
and record in the County Clerk's office a
Practices Rule (Oregon
written statement recognizing the rights of
Administrative Rules
adjacent and nearby land owncls to conduct
629-24-101(3)).
1,01est operations consistent with the forest
For purposes or DCC 18.36.050,
Practices Act and Rules.
evidence of a domestic water supply,
(Ord. 94-038 § 1, 1994, Ord. 92-025 § 2, 1992;
means:
Ord. 91-020 § 1, 1991 )
1. Verification fro►n a water
purveyor that the use described
18.36.050. Standards for single-family
in the application will be served
dwellings.
by the purveyor under the
purveyor's rights to apl)ropriale
A. General provisions.
water; or
I . Dwellings listed as a conditional use
water use permitissued by the
under DCC 1836.050 shall meet the
Water Resources Department 161.following
standards:
the use described in the
a. One of the alternative tests set out in
application; or
DCC 18.36.050(13) (lot of record
iii. Va-ification from tile. Walcr
dwelling), (C) (large tract dwelling),
Resources Department that a
or (D) (template dwelling);
water use permit is not required
b. If the lot or parcel is part ora "tract,"
for the use described in the
the remaining undeveloped lots or
application. If the pru])oscd
parcels of the tract shall he
water supply is from a well and
consolidated into a single lot or
is exempt from permitting
PA( I? 4 OF 10 - 1`IX I II13H' "A" TO OR] )INANCE, 2003-007 (03/26/03)
]?X1111317' "A"
requirements under URS
537.545, the applicant shall
Submit the well collStruction
report to the County upon
completion of the well.
c. If road access to a dwelling is by a
road owned and maintained by a 2,
privatc party or by the Oregon
Department of' Forestry, the Bureau
of hand Management or the U.S.
Forest SCr'V1CC, then the applicant
shall provide proof of a long-term
road access use permit or agreement.
Tile road use permit may require the
applicant to agree to accept
responsibility for road maintenance.
2. Ill addition, dwellings listed as a
conditional use under DCC l 8.36.030(Y)
Shall be Subject to the following
standards or conditions:
a. The conditional use standards set
forth in DCC 18.36.040;
h. The siting criteria set iorlh in UCC
18.36.060;
C. The iire siting standards set forth in
UCC 18.36.070;
d. The fire safety design standards for
roads set forth in DCC 18.36.080;
c. The stocking requirc:mentS set forth
in DCC 18.36.085, if applicable; and
f. Any other provisions made
applicable by UCC Title 18 or the
comprehensive plan.
3. Dwellings in fiorest zones shall not be.
Subject to conditional use StandardS. 3.
B. Lot of Record ])welling. For approval under
DCC 18.36.050(13), a single-family dwelling
shall meet the following rcquireaucnls:
1. "1'hc lot ol- parcel on which the dwelling
would be sited was lawfully created prior
to January 1, 1985 and was acquired by
the present owner either prior to January
1, 1985 or by devise or by intestate
succession front a person who acquired
the lot or parcel prior to .lanuary 1, 1985.
For the purposes of DCC 18.36.050(13),
"owner" includcS the wife, husband, Son,
daughter, mother, father, brother,
brother-in-law, sister, sister -ill -law,
son-in-law, daughter-in-law,
mother-in-law, iclther-ill-law, aunt, uncle,
niece, nephew, step-parent, step -child,
grandparent or grandchild of the owner
or a business entity owned by any one or
combination of these family members.
The dwelling would be located on a tract
that is composed of soils not capable of
producing 4,000 cubic feet per year of
commercial tree species and is located
within 1,500 feel 01'a public road. Tlic
road shall not be al'nrrst-Srrvirr
rmd---or-n Bureau of land Management
(111,M) road vmd-,b be, ni ntaimd and
either-pared-err--stlrf iced- with rock- car it
Lllliled States horest Scrvicc roast un1cSS
Illosoad.is-pavcd-to a inilliimun width of
15 feet.-dicrc isatic.ast ullc dcfincd lane
111-ca<ih direction __ and _a_111allltcllallcc
agreclllcllt _ exists_ bctwccll the uil tcd
States Lorest_ Service andAmdowncrs
ad-laccnt_to__lhc road, a local g.ovcrllnlcllt
o"-statc_rlgency.
For the purposes of DCC 18.36.050,
"public roads" are those roads in which
tile public has a right of use that is a
matter ofpu'blic record.
For the purposes of UCC 15.36.050,
"commercial tree Specks" means live
recogllized under ad111itliStrativc rules
adopted by the Orcgon Department of
Forestry under ORS 527.715 fire
commercial production.
For lots or parcels located within a
Wildlife Arca (WA) Combining Zone,
siting of the proposed dwelling would be
consistent with the limitations on density
as applied under the applicable density
rest riot ionS OH)CC )CC l 8.85.
C. Large "bract Dwelling. For approval of a
single-family dwelling under DCC
18.36.050(C), the subject properly shall
consist of al ]cast 240 contiguous acres in one
ownership.
1). 'template Dwelling. For approval under
DCC 18.36.050(1)), a single-family dwelling
shall meet the following requirements:
PA(;F 5 OF 10 - ]?X1111317' "A" TO ORDINANCE' 2003-007 (03/26/03)
EXII11i1T "A"
1. The lot or parcel is predominantly
composed of soils that are:
a. Capable of producing zero to 20
cubic sect per acre per year of wood
fiber if:
I. All or part of at least three other
lots or parcels that existed on
,lanuary 1, 1993, are within a 160
acre square centered on the
center of the subject tract; and
ii. At least three other dwellings
existed on January 1, 1993, and
continuc_to--ext&t on tile, other lots
or parcels.
I). Capable of producing 21 to 50 cubic
feet per acre per year of wood fiber
I f:
i. All or part of at least seven other
lots or parcels that existed on
January 1, 1993, are within a 160
acre square centered on the
center of the subject tract; and
ii. At ]cast three dwellings existed
on January 1, 1993,_mid_continuc
lo_�Cxist on the other lots or
parcels.
c. Capable of producing more than 50
cubic feet per acre per year of wood
fiber
i. All or part of at least 11 other
lots or parcels that existed on
January 1, 1993, are within a 160
acre square centered on the
center of the subject tract; and
ii. At least three dwellings existed
on January 1, 1993,_md ccliitinuc.
fo _exlsl on the other lots or
parcels.
it, l,ols_ 01 piu-ccls withill Luban grossmh
boulidacs- shtill_�t1Zc—Lis s Lso
satisfy the__—hanplitte rcquacmuils
> nclulli subsccliott-
2. IZcquircmcnts of Applying 7'cmplale
a. if a tract 60 acres or larger described
In ])CC 18.36.050(U) abuts a road or
perennial stream, the measurement
shall be made by using a 160 -acre
rectangle that is one mile long and
one-fourth mile wide centered on the
center of the subject tract and that is
to the maximum extent possible
aligned with the road or stream.
b. If a road crosses the tract on Xvhich
the dwelling will be located, at least
one of' the three required dwellings
shall be on the same side of the road
as the proposed dwelling. I lowever,
one of the three required dwellings
shall be on the same side of the road
or stream as the tract and:
I. lie located within a 160 -acre
rectangle that is one mile lone,
and one-lourth mile wide
centered on the center of the
subject tract and that is to the
maximum extent possible
aligned with the road or strewni;
ii. lie within one-quar(er mile From
the edge of the subject tract bill
not outside the length of the
160 -acre rectangle, and on the
same side of the road or stream
as the tract.
c. If a tract reviewed under UCC
18.36.050(1)) abuts a road that
existed on January 1, 1993, the
mCaSurcrnCnt Inay be made by
creating a 160 -acre rectangle that is
one mile long and one-fourth mile
wide. centered on the center of tile
subject tract and that is to the
maximum extent possible, aligned
with the road.
(Ord. 2003-007 § 1, 2003; Ord. 94-038 § 1, 1994;
Ord. 92-025 § 2, 1992; Ord. 91-020 § 1, 1991)
18.36.060. Siting of dwellings and slrnchn es.
All rlew dwellings and structures approved
pursuant to UCC 18.36.030 or permitted under
UCC 18.36.020 shall be sited in accordance. with
UCC 18.36.060 and UCC 18.36.070. Relevant
physical and locational factors including, but not
limitod to, topography, prevailing winds, access,
surrounding land use and source of domestic.
water shall be used to identify a site which:
A. Ilas the least impact on nearby or adjacent
lands zoned for forest or agricultural use;
PAGE, 6 OF 10 - 1'.Xl lllilT "A" TO Ultl)INANCL, 2003-007 (03/26/03)
EX111B17' "A"
Ii. 1?nsures that forest operations and accepted
farming practices will not be curtailed or
i roped cd;
C. Minimizes the amount of forest lands used
161- the building site, road access and service
corridors; and
D. Consistent with the applicable provisions of
1)CC 18.36.070, minimizes the risks
associated with wildfire.
(Ord. 94-038 § 1, 1994; Ord. 92-025 § 2, 1992)
18.36.070. ]Fire siting standards for dwellings
and structures.
7be h]]]ewing fire siti►lg Standards shall apply to
all new dwellings and permanent structures
(including permitted uses), except as otherwise
noted:
A. Access
1. If a water supply, such as a swimming
pool, pond, stream or lake, is available
and suitable for fire protection or is
required under DCC 18.36.070, then road
access to within 15 feet of the water's
edge shall be provided for pumping units.
The road access shall be constructed and
mallltalned to accolllmodatc the
maneuvering of fire fighting equipment
during the fire season. Permanent signs
shall be hosted along the access route to
indicate the location of the emerge►rcy
water source.
2. Road access to the dwelling or structure
shall meet the road design standards
described in DCC 18.36.080.
11. firebreaks
I. himary firebreak. Prior to use, owners
of dwellings and structures shall
construct a primary firebreak, not less
than 10 acct wide, containing
nonflammable materials. This may
include lawn, walkways, driveways,
gravel borders or other similar materials.
2. Secondary firebreak. Owners of the
dwellings and structures shall construct a
secondary firebreak of not less than 20
feet outside the primary firebreak. This
firebreak aced not be bare ground, but
can include a lawn, ornamental
shrubbery or individual or groups of trees
separated by a dlstancc equal to the
diameter of the crowns adjacent to each
other, or 15 feet, whichever is greater.
All trees shall be pruned to at ]cast eight
feet in height. Dead fuels shall be
rcnuwed.
3. Duel Break. Owners of the dwellings and
structures Shall maintain a fi►cl 'break
extending a mininlunl o'f' 100 lcct in all
directions around the secondary
firebreak. Individual and groups of trees
within the fuel break shall be separated
by a distance equal to the dlanlClcr of the
crowns adjacent to cacti other, or 15 feet,
whichever is greater. Small trees and
brush growing Underneath larger trCCS
shall be removed to prevent spread of fire
LIP into the crowns of the larger trees. All
trees Shall be pruned to at least eight acct
in height. Dead fuels shall be rcmovcd.
The fuel break shall be completed prior
to the beginning of the coming fire
season.
4. No portion of a trcc or any other
vegetation shall extend to within 15 feet
of the outlet of a stovepipe or chimney.
C. `367m--fmnily- dwellintrq---rC'arctakcr
residences and private accommodations fbr
fishing shall not be located on hillsides
steeper than 30 percent and containing
flammable fuels._ A sitigIc Runily dwelling
sliall-not b"Itcdon _a -slope greater thtui 40
perccnt.
1). The applicant for a single-family dwelling,
caretaker residence or private
accommodations for fishing shall obtain an
address from the County address coordinator
and shall display that number in a location of,
the property that is clearly visible from the
road used as the basis for numbering. The
numbers shall not be less than till-cC inches in
height, shall be painted in a contrasting or
visible color and shall comply with all other
applicable standards for signs.
F. Structural Standards.
1. All dwellings and struclurcS shall use
noncombustible or fire resistant rooling
PA( iF 7 OF 10 - FIXI IIBI 1' "A" TO ORDINANCE 2003-007 (03/26/03)
EXHIBIT "A"
materials. This means roofing material
identified as Class A, 13 or C in the
Oregon Uniform Building Code. Roof
sprinklers are not an acceptable
alternative to this standard.
2. If the dwelling or struclurc has a
clunmey, it shall have a spark arrester.
fire. Protection. Single-family dwellings,
caretaker residences and private
accommodations for fishing shall be located
upon a parcel for which fire protection
services are available or where alternative
protective measures are authorized by DCC
l 8.36.070(F).
1. FOO' the purposes of DCC 18.36.070 fire
protection services are available if the
parcel is located within the boundaries of
a firc protection district oi-residential fire
protection service is provided by
contract, as evidenced by a written,
signed contract.
2. if the dwelling or structure is not within a
fire: protection district, the applicant shall
provide evidence that the applicant has
asked to he included in the nearest such
district.
3. 11- the parcel is not located within a fire
protection district and it is determined,
following application for inclusio❑
within the nearest such district, that
inclusion in the district would be
impracticable, alternative means of fire
protection shall be allowed, consistent
with the following standards:
a. ']'he dwelling or structure shall be
equipped with a residential fire
sprinkler system. For caretaker
Icsidcarccs or single-family
residences, such a sprinkler system
shall he installed to the minimum
rcquiremcnts of NIAPA 131)
"Standards for the Installation of
Sprinkler Systems in One and
Two-family I)wellings."
b. The dwelling shall have on-site water
storage capability from a swimming
pool, pond, lake, or similar water
body of at least 4,000 gallons or a
stream having a continuous year
round flow of at least one cubic foot
per second. The applicant shall
provide verification from the Water
Resources I)eparUnent that any
permits or registrations required for
water diversions have been obtained
or- that such permits or registrations
are not required under state law 161
the use.
(Ord. 2003-007 § 1, 2003; Ord. 94-038 § 1, 1994;
Ord. 92-025 § 2, 1992)
18.36.080. hire safety design standards for
roads.
The following standards apply to all roads and
driveways, except for private roads accessing
only commercial forest uses, which access uses
permitted under DCC 15.36.020 or approved
under I)CC 18.36.030.
A. Roads, bridges and culverts shall be designed
and maintained to support it minimum gross
vehicle weight (GVW) of 50,000 lbs. If
bridges or culverts arc involved in the
construction of a road or driveway, written
verification of compliance with the 50,000 Ib.
GVW standard shall be provided by a
Professional I?nginecr, registered in Oregon.
B. Access roads shall have an unobsU-ucic(I
horizontal clearance of not less than 20 fact
and an unobstructed vertical clearance of not
less than 13.5 feet, and provide an
all-weather surface.
C. 'Turnarounds shall have a minimum of 50 fuel
of turn radius with an all-weather surface and
be maintained for turning of fire fighting
equipment.
I). Road grades should not exceed eight percent,
Wit]] a maximum of 12 percent on short
pitches. Variations from thesen
standards ary
be granted by the fire service having
responsibility for tile, arca when topographic
conditions make these standards impractical
and where the local fire protection district
states their fire fighting equipment call
negotiate the proposed road grade.
(Ord. 92-025 § 2, 1992)
PAGI? 8 OF 10 - EXI11131'1' "A" TO ORDINANCE, 2003-007 (03/26/03)
FXHIBIT "A"
18.36.085. Stocking requirement.
3. Upon notification by the Assessor, the
All dwellings approved under DCC 15.36.050
DeparUnent of forestry shall detcrminc
shall be subject to the provisions of DCC
w'hcther the tl'act meets minimum
15.36.055.
stocking requirements of the forest
A. Stocking Requireulent.
Practices Act. That decision shall be
1. Dwellings approved under DCC
solely the decision of the Department of
18.36.050 shall include a condition
forestry. if the department determines
requiring the owner to plant a sufficient
that the ti -act does not meet those
numbci- of trees on the tract to
I-Cquiranents, the department shall notify
demonstrate that the tract is reasonably
the owner and the Assessor that the land
expected to meet Department of ]Forestry
is not being managed as forest land. 'I'hc
stocking requirements specified in
assessol- shall the„ remove the 1o1 -est lana
Department of forestry administrative
designation pursuant to URS 321.359.
rules (Oregorr — dminigmtive -Rnfes
The tax penalty imposed by the Assessor
629�24=40(i- . ,ro in ibrce at the time
under DCC 18.36.055 shall he the only
the approval is granted.
sanction for failure to elect stocking
2. (,on, rnt--VIth-j)q",ftmmt- ti)f- F"-egty
I-CCILlll-Clllellts.
�lclminrsttrntive— kul�. ,
(0i -d. 2003-007 § 1, 2003; Ord. 94-038 § 1, 1994)
Adm lnietratrrr--Rttfes—fr29--24--4fH--,nd
Oregon---_._--A-dminiatrltivc -.__R k -,c;
18.36.090. Dimensional standards.
629-24=404;-- stt>ckittl*
In all F-1 7,onc, the following dimensional
required -for -(1) -tracts desigmlted-by thr
standards shall apply:
depart . '' ,..Afif'hrest
A. ']'Ile mininunn lot size is 50 acres; or
l mid-and-(2)-tracts-trf-f -f
om-contt j .
B. Land divisions creating pat -cels less than 80
2. if thclot or parcel -i&1 or -c tlim 30 acres,
acres in size may only be approved for uses
the property-- owner Shall --submit_ _a
listed in DCC 18.36.030(1)) through (U),
stocking --suney-_report _ t()_.thc_ county
provided that those uses have been approved
assessor and the assessor will verify that
pursuant to DCC 18.36.040. Such division
tllC_lllnlllnlllllst0-ekll ,,1 quirelllcnts havc
shall create a pal'ccl that is the minimum size
been met _ by__ the, -time requircd by
necessary for the use.
Dcpart111c11t 0f Forestry rules.
C. Building height. No nonagricultw-al
B. Reporting Requirements.
building or Structure shall be erected or
1. The Planning Director or his designee
enlarged to exceed 30 feet in height, except
shall notify the County Assessor of any
as approved undei- DCC 15.120.040.
stocking requirement condition at the
(Ord. 94-035 § 1, 1994; Ord. 92-055 § 4, 1992;
lime the dwelling is approved.
Ord. 92-025 § 2, 1992; Md. 83-037 § 10, 1983)
2. ']'lie properly owner shall submit a
stocking Survey report to the, County
18.36.100. Yards and setbacks.
Assessor and the Assessor shall verify
A. The front yard setback shall be 40 feet from a
that the minimum stocking requirements
property line fronting on a local strecl, 60
have been met by the time required under
feet from a property line f -routing on a
DcparUnent of FOI-CStry rules. The
collector and 100 feet from a properly line
assessor shall inform the Department of
fronting on an arterial.
Forestiy in cases where the property
Owner has 1101 submitt(A a stocking
Ii. such side yard setback Shall be a minimum
rcporl 01- where the survey report
of 25 feel, except a parcel or lot with a side
indicates that minimum stocking
yard adjacent to zoned forest land shall have
lV(lUil'Cll1ClltS have, not been Incl.
a lllllllllltllll Sidc yard Of 100 feet.
PAGE, 9 OF 10 - FXlInn's' "A" TO ORDINANCE 2003-007 (03/26/03)
EXHIBIT"A"
C. Rear yards shall be a minimum of 25 feet,
except parcels or lots with rear yards adjacent
to zoned forest land shall have a minimum
rear yard of 100 feet.
1). The setback from the north lot line shall meet
the solar setback requirements in DCC
l 8.1 16.180.
F. ]n 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 the County under
DCC 15.04 shall be nlct.
(()rd. 95-075 § 1, 1995; Ord. 94-008 § 18, 1994;
Ord. 92-025 § 2, 1992; Ord. 83-037 § H, 1983)
18.36.110. Stream setbacks.
All sewage disposal installations such as vault
toilets, septic tanks and drainfield systems shall
be set back from the ordinary high water mark
along all streams and lakes it minimum of 100
feat nuasurcd at right angles to the ordinary high
water mark. All structures, buildings or similar
permanent fixtures shall be set back from the
ordinary high water mark along all streams or
lakes a ►nininunn of 100 feet measured at right
angles to the ordinary high water mark.
(()rd. 92-025 § 2, 1992)
18.36.120. State law controls.
Forest operations are governed by the State
forest Practices Act. Whenever a use allowed by
DCC 18.36 conflicts with or is prohibited by the
Oregon forest Practices Act or regulations
prunlulgated thereunder, state law shall Cont-ol.
(Orel. 92-025 § 2, 1992)
18.36.130. Rinn•ock setbacks.
Setbacks from rimrock shall be as provided in
DCC 18.116.160.
(Ord. 86-053 § 8, 1986)
18.36.140. Restrictive covenants.
Restrictive covenants required under DCC 18.36
shall substantially comply with the form set 4,61-th
below:
"Declaration of Covenants, Conditions and
Restrictions:
Whereas, the undersigned
hereinafter referred to as "Declarant," is
owner in fee simple of the property described
III I'Ahibit A attached hereto and incorporated
by reference herein; and
Whereas, the Declarant desires to declare
his/her intention to create certain covenants,
conditions and restrictions in order to
CflectuatC. and comply with the requirclneuls
of Oregon Administrative Rule (OAR)
660-06-027;
Declarant hereby declares that all of the
properly described on Fxhibit A shall be
held, sold, and conveyed subject to the
following covenants, conditions and
restrictions:
It is not lawful to use the property
described in this inslRIM cnl icer the
construction or siting of a dwelling or to
use the acreage of the tract to qualify
another tract for the eonst-uction or siting,
of a dwelling.
rylleSe C0
VCna11tS, Conditions and restictlOnS
can be removed only and at such time as the
properly described herein is no longer
protected under the statewide planning goals
for agricultural and forest lands or tile,
legislature otherwise provides by statute that
these covenants, conditions and rest*ictions
may be removed, and the authorized
represcntalive of the County or counties in
Which the property subject to these
covenants, conditions and restrictions arc
located executes and records a release ofthc
covenants, conditions and restrictions Created
by this ilist runlcnl.
In witness whea-cof, the undersigned, being
Declarant herein, has heretofore set their
hand this day of "
(Ord. 94-038 § 1, 1994)
(Zoning mals amended by Ord. 93-028 § I, 1093; 93-014 §
1, 1993; Oi d. 92-020 § 1, 1992)
PAG1`10 OF 10 - FX111131T "A" TO ORI )MANCE' 2003-007 (03/26/03)
EXIIJBIT °I3"
Chapter 18.40. FOREST USE ZONE -
F-2
18.40.010.
11urpose.
18.40.020.
Uses permitted outright.
18.40.030.
Conditional uses permittccl.
18.40.040.
limitations on conditional uses.
18.40.050.
Standards for single-family
dwcllilrgs.
18.40.060.
Siting of dwellings and structures.
18.40.070.
Fire siting standards for dwellings
and structures.
18.40.080.
Fire safety design standards for
roads.
18.40.085.
Stocking requirement.
18.40.090.
Dimensional standards.
18.40.100.
Yards and setbacks.
18.40.110.
Stream setbacks.
18.40.120.
State law controls.
18.40.130.
Rimrock setback.
18.40.010. Purpose.
The purpose of the forest Use Zone is to
conscrvc forest lands.
(Ord. 92-025 § 3, 1992; Ord. 91-02.0 § 1, 1991 )
directly—associated W-Ith the conduct of a
parliculaL lbrest racticc._�lt _auxiliary
slrltct=_ is_locatcd _on—site, tcn>polaiy in
nature, luld_is net desigllcd_to remain for the
forest sslilils nwth cvcic froul plalithi to
llalvcstilig,.An auxiliary-ltsc is removed_whcn
11 Particlrlar forest pry cticc leas concluded.
C. Physical alterations to commercial forest laud
auxiliary to forest practices including, but not
limited to, those made for purposes of
exploration, mining, commercial gravel
extraction and processing, landfills, dams,
reservoirs, road constRuction or recreational
facilities. Gravel extraction and processing
not covered by I)CC 18.40.020 is governed
by DCC 18.52.
I). Uses to conserve soil, air and water duality
and to provide for wildlife and fisheries
resourccs.
I?. farm use as defined in ORS 215.203.
18.40.020. Uses permitted outright.
The following uses and their accessory uses arc
permitted outright, subject to applicable siting G
criteria set forth in DCC 18.40 and any other
applicable provisions of DCC Title 18:
A. forest operations or forest practices
including, bill not limited to, reforestation of
lorest land, road construction and
maintenance, harvesting of a forest tree
species, application of chemicals and
disposal of slash.
B. Temporary on -silt structures that are
auxiliary to and used during the term of a
particular lorest operation. As used here,
temporary structures are those which are
portable and/or not placed on a permanent
foundation, and which are removed at the
conclusion of the forest operation requiring
its usc._ 1' 0l'__1hc �?utoss s__of__111is_�ce1io11,
ulclLLding, DCC/I_.8..3bM (B wid-_-(L)
fllrxlliaryn_lmealls--it use (1_slltcratloll-ofit
st-uctcIN or -land which provicIcs help or is
Local distribution lines (e.g., electric,
telephone, natural gas, etc.) and accessory
equipment (e.g., electric distribution
transformers, poles, meter cabinets, terminal
boxes, pedestals), or equipment which
provides service 'hookups, including water
service hookups.
Temporary portable facility for the primary
processing of forest products. The facility
shall not be placed on a permanent
foundation and shall be removed at the
conclusion of the forest operation requiring
its use.
11. l',xploration for mineral and aggregate
resources as defined in ORS 517.
Towers and fire stations for forest fire
protection.
J. Widening of roads within existing rights of
way in conformance with the transportation
clement of the comprehensive plan including,
public road and highway projects as
described in ORS 215.283(l )(k) through (n).
K. Water intake facilities, canals and
distribution lines for farm irrigation and
ponds.
PAGE l OF 10 - EX111131T "13" TO ORD] NANCI? 2003-007 (03/26/03)
EA111I31T "B"
1.. t►nl►lhabllablC SlructUIVS acecsso►y to lisp
and wildlife. el ilia
M. Alteration, restoration or replacement of a
lawlully established dwelling that:
1. Ilan intact exterior walls and roof
St rust urc;
2. Has indoor plumbing consisting of a
kitchen sink, toilet and bathing facilities
connected to a sanitary waste disposal
system;
3. 1 las interior wiring for interior lights;
4. I las a heating system; and
5. In the case of replacement, is removed,
demolished or converted to an allowable
use: within three months of' Completion of
the replacement dwelling.
N. Ally►utd4or_1uas� alherilig._as d�fillcci ill
ORS 433.735 or other _-gatherhig--of fcNvc.r
111m1 3,000__persons_ mI._is_11o1_a11ticivatcdAo
continuC for more tIM11 _120 _ll(nrs 1►1 any
tlll-cc-nionth }?er14d . _1S- 1141_ �1 _ _ ��all��ds
decision" as dcfr1cd_h1 _2R6197_015_(_1.0)_o-
sub icct to rcviexv. undcr_0AR_6(A1-_0D6.
(Ord. 2003-007 § 1, 2003; Ord. 94-038 § 2, 1994;
Ord. 92-025 § 3, 1992; Ord. 91-020 § 1, 1991;
Orel. 91-005 § 21, 1991; Ord. 91-002 § 9, 1991)
18.40.030. Conditional uses permitted.
The following uses and their accessory uses may
be allowed ill the Forest Use /,one, Subject to
applicable provisions of the Comprehensive plan,
UCC 18.40.040 and other applicable sections of
I )CC Title 18:
A. Private hunting and fishing operations
without ally lodging accommodations.
I I. Caretaker residences for public parks and fish
hatcheries.
C. Temporary forest labor camps linlitecl to the
duration of the I01-CSt operatioll requiring it
use.
1). Destination Resorts where mapped in a DR
none and subiect only to the provisions of
DCC 18.113 and other applicable provisions
of DCC Title 18 and the Comprehensive flan
not contained in DCC 18.40.
1?. Exploration for and production of
geothermal, gas, oil and other associated
hydrocarbons, including the placement and
operation of compressors, separators and
other customary production equipmcnl for an
individual well adjacent to the well head.
1'. Log scaling and weigh stations.
G. Disposal site for solid waste for which the
IcparUnent 01' LAnvironnlental Quality has
granted a permit under ORS 459.245,
together with equipment, facilities or
buildings necessary for its operation.
U. Private parks and campgrounds.
Cmipgminds_11 private _parks__shall Qiily be
those _ allowed by . -_OAR__ 664-446-0025.
LacCRt011a.10hr_pUccl C011tigUQUS c> a1 IAC
or _ reset voir,--ciunpg1'oluids shall _ not be
allowed _within-111rcc--miles of an- urban
growth _ boundm-y Inness _all _cxcieption __is
approved pul'suant_t4_6127 7_1? -wid_OAR
Chapter -601). Division -4. For the purpose of
DCC 18.40.030, a ca►upground is an arca
devoted to overnight temporary use: 16r
vacation, recreational or emergency
purposes, but not for residential purposes. A
campground shall be designed and integrated
iilto _the rural- agricultUfal _quid forest
environment int imulner that protects the
naturaLame ities of 11w site - and _provides
buffcrs_of existing native trccs and vcgctatioll
-Of _0111CT_naturld features_between campsites..
A camping site may be occupied by a tent,
travel trailer or recreational vellicle.
Campgrounds Shall not include intcnSivcly
developed recreational uses such as
Swimming pools, tennis courts, retail stores
or gas Stations- Overflight temporary USC, ill
the same campground _ by a caliper or
.camper's vehicle- shatl nolsxcecd.a _total of
30 days during _rely consecutive 6 month
pchod.
I. Mining and processing of oil, gas or other
Subsurface resources, as defined in ORS
520.005, and not otherwise permitted under
DCC 18.40.030(1?).
PA61`1 2 O1' 10 - l?X111BYF "B" TO ORDINANCE 2003-007 (03/26/03)
EX11113IT "l3"
J. Television, microwave and radio
communication facilities and transmission
towers.
K. lire stations for rural fire protection.
L. Utility facilities for the purpose of generating
power. A power generation facility shall not
preclude more than 10 acres from use as a
commercial forest operation unless an
exception it taken pursuant to Oregon
Administrative Rules 660, Division 4.
M. Aids to navigation and aviation.
N. Watcr intake facilities, related treatment
facilities, pumping stations and distribution
lilies.
O. Reservoirs and water impoundments.
1'. Cemeteries.
Q. New electric transmission lines with
light -of -way widths of up to 100 feet as
specified in ORS 772.210. New distribution
lines (e.g. gas, oil, geothermal) with rights of
way 50 feet or less in width.
K. Tcmporary asphalt and concrete batch plants
as accessory uses to specific highway
projects.
S. home occupations as defined in DCC
18.04.030 and subject to DCC 18.128.110.
T. Fxpansion of existing ailpolls.
ll
V
Public road and highway projects as
described as ORS 215.283(2)(p) through (r)
and 215.283(3).
Private accommodations 161- fishing occupied
on a temporary basis subject to other
applicable sections of DCC Title. 18 and the
f��llowing reduircmcllts:
1. Accommodations are limited to no more
than 15 guest rooms as that term is
dCI1nCd in file Oregon Structural
Specialty Code;
2. Only minor incidental and accessory
retail sales arc permitled;
3. Accommodations are occupied
temporarily 1b1- the purpose of fishing
during fishing seasons authorized by the
Oregon Dish and Wildlife Commission;
and
4. Accommodations must be located within
one-quarter mile of fish -bearing Type
FC�,s- waters - s-xk+-ned-in Otrgcm
Admini. 629-24-4 11(7).
W. Forest management research and
experimentation facilities as defined by ORS
526.215 or where accessory to forest
Operations.
X. Siugle-family dwellings rn' manufactured
hollies as specified in DCC 18.116.070,
pursuant to DCC 18.40.050.
Y. Excavation, grading and fill and removal
Within the bed and banks of a stream or river
or in a wetland, subject to DCC 18.120.050
and 18.128.270.
Z. A manufactured home in conjunction with an
existing dwelling as a temporary use 1,61- the
terin of a hardship suffered by the existing
residcnt or a relative as defined in URS
215.283. The use shall be subject to the
review criteria in DCC 18.116.090, as well as
I )CC 18.40.040 and 18.40.60. The
manufactured home shall use the same
subsurface sewage disposal system used by
the existing dwellings if that disposal system
is adequate to accommodate the additional
dwelling. ��4�111>>I�t►y__licleucc__lrpulc�vccl
und_c this- subsc_ctim is not _eligible fcr
rcplaccme itAinder_OAR660-006-025 (3)(p).
AA.Public _parks _including __only_ thosc uses
specifled _wider OAR 660-034-0035.
13111'rivat�seasonal --for fee
huutilig-c)Rcrations maylbc-allows d Sub b'i cct_to
DCC 18.36.050 cL_ ._tllc following
requircnlents-
1. Accommodations -arc,_11mitexl_to no more
thail _I S 1te51��441llS�lth�ttAerill is
dehiled in file_ __Oregon Structural
specialty_ 4slc;
2. Only nliuorincidelltal_ and accessory
retail sales arc-pennitted. said;
3. Acconimodadons __ _ are occupied
Icnlporarily_fol the purposc_of hunting
during ganlc -bird .a id_big_gwiic hunting
PAGL 3 OF 10- l?X111131'1' "13" '1'O ORI)1NANC1? 2003-007 (03/26/03)
I?XIIIBIT "f1"
seasons autholiz-csLby_lhc Oregon 11sh
1. Dwellings listed as a conditional use
and -Wildlife- onlmiss*
under DCC 18.40.030(X) shall meet the
CC.Ally gtrthcrill�!_s_uhj.ccLlQlsyic�lz st_cUullty
following standards:
plant ligCommiss]oll_lul�cf�le u1S2Yis1411sQf
a. One of the alternative tests set out in
ORS433.7 �'hcse �athcrill arc those of
DCC 18.40.050(11) (lot of record
nlcns_lli i 3,09Q cr ns_�uhicli continue__or
dwelling), DCC 18.40.050(C) (large
s-lll rs-slsot111111 _%�_cxlLlcci_l _eolltilluc_fox
tract (Iwctling), or DCC
morc_thanl2�ours within�lly_1111-mc�lllh
18.40.050(l)) (template dwelling);
period mid al hart if w-L&15-lielcl_ill-upen
b. if the lot or parcel is part of a "tract,"
Spaces.
the remaining undeveloped lots or
parcels of the tract shall he
(Ord. 2003-007 § 1, 2003; Ord. 2000-033 § 2,
consolidated into a single lot or
2000; Ord. 94-038 § 2, 1994; Ord. 92-025 § 3,
parcel, or the applicant shall sign and
1992; Ord. 91-038 § 1, 1991; Ord. 91-037 § 1,
record with the County Clerk
1991; Ord. 91-020 § 1, 1991; Ord. 91-005 §§ 22,
covenants, conditions and
23 and 2.4, 1991; Ord. 90-014 §§ 29 and 36,
restrictions (on a form substantially
1990; Ord. 86-018 § 9, 1986; Ord. 84-015 § 2,
similar to that set forth in DCC
1984; Ord. 83-033 § 3, 1983)
18.36.140) prohibiting the siting of a
dwelling on the undeveloped
18.40.040. Limitations on conditional uses.
portions of the tract. Such
A use authorized by DCC 18.40.030 must meet
covenants, conditions and
the following requirements. 'These requirements
restrictions are irrevocable, unless a
are designed to make the use compatible with
statement of release is signed by tile,
forest opc►'atlons and agricultui-c and to conscl'vc
County Planning Director, or Ills
values found on forest lands.
authorized representative.
c. No other dwellings shall be located
A. The proposed use will not force a significant
on the tract.
change in, or significantly increase the cost
d. The applicant shall provide evidence
of, accepted farming or forest practices on
that any domestic water supply is
agriculture or 101'CSI lands;
fl -0111 a source anthorizcd in
It. The proposed use will not significantly
accordance with the Department of
increase fife hazard or significantly Increase
water Resources Oregon
fire suppression costs or significantly
Administrative Mules for the
increase risks to fire suppression personnel.
appropriation of ground water
(OI -egos Administrative Rules 690,
C. Prior to final approval of any use listed in
Division 10) or surlace water
DCC 18.40.030, the landowner shall sign and
(Oregon Administrative Rules 690,
record in the County Clerk's office a written
Division 20) and not from a Class II
statement recognizing the rights of adjacent
stream as defined in the forest
and nearby landowucrs to conduct forest
Practices Rule (Oregon
operations consistent with the forest
Administrative Rules
Practices Act and Rules.
629-24-101(3)). For purposes of
(Ord. 94-038 § 2, 1994; Ord. 92-025 § 3, 1992;
DCC 18.40.050, evidence of a
Ord. 91-020 § 1, 1991)
domestic water supply means:
I. Verification from a water
18.40.050. Standards for single-family
purveyor that the use describCd
dwellings•
in the application will be served
A. General Provisions.
by the purveyor under the
purveyor's rights to appropriate
water; or
PAGF 4 OF 10 - YX11113IT'71" TO ORDINANCE 2003-007 (03/26/03)
FXI11B17' "13"
ii. n water use permit issued by the
Water Resources Department for
the use described in the
application; or
iii. Verification from the Water
Resources Department that a
"vater use per►llil is not required
I'm the use described in the
application. If the proposed
water supply is from a well and
is exempt from permitting
requirements under ORS
537.545, the applicant shall
submit the well construction
rcporl to the County upon
completion of the well.
e. 11' road access to a dwelling is by a
road owned and maintained by a
private party or by the Oregon
Department of forestry, the Bureau
Of 1,and Management or the U.S.
Forest Service, then the applicant
shall provide proof of a long-term
road access use permit or agreement.
'file road use permit May require the
applicant to agree to accept
responsibility for road maintenance.
2. In addition, dwellings listed as a
Conditional use under DCC 18.40.030(X)
shall he subject to the following
standards or conditions:
a. The conditional use: standards set
forth in DCC 18.40.040;
b. The siting criteria set forth in DCC
18.40.060;
C. Tile fire siting standards Set forth in
DCC 18.40.070;
d. ']'he fire safety design standards for
roads set forth in DCC 18.40.080;
c. The stocking requirements set forth
in DCC 18.40.085, ifapplicablc; and
f. /any other provisions made
applicable by DCC 'Title 18 or- the
Co111l1rellellslve plall.
3. Dwellings in forest zones shall not be
subject to conditional use standards.
B. Lot of Recons Dwelling. For approval under
DCC 18.40.050, a single-family dwelling
shall meet the following requirements:
The lot or parcel on which the dwelling
would be sited was lawfully created prior
to January 1, 1985 and was acquired by
the present owner either prior to .lanuary
1, 1985 or by devise or by intestate
succession frons a person who acquired
the lot or parcel prior to January 1, 1985.
For the purposes of DCC 18.40.050,
"owner" includes the wife, husband, son,
daughter, mother, father, brother,
brother-in-law, sister, sister-in-law,
Son-in-law, daughter-in-law,
nlothc `111 -law, father-in-law, aunt, uncle,
niece, nephew, step-parent, step -child,
grandparent or grandchild of the owner
or a business entity owned by any one or
combination of these family members.
2. ']'lie dwelling would be located on it tract
that is composed of soils not capable of
producing 4,000 cubic feet per year of
commercial tree species and is located
within 1,500 feet of a public road. The
road shall not be afly-beet Service
rcmcf---m-a 131.11 -eau of land Management
(131,M) road arrd-shall-he,-maintained and
eithrr-paved -or surfaeed with rock.- or it
United States Forest Service road llllless
IhC foadis paved to it 111111111111111 width of
1S feet. -there is at least _onc_dcfilled lanc
ill each direction -111(L-11 ma111tella icc
agrccnlcnt exists between the United
Mates forest Service and landowners
adjacent to the -road, it local govcrluncllt
of it Stine agency.
For the purposes of DCC 18.40.050,
"public roads" are those roads in which
the public has a right of use that is It
matter of public record.
FOO' the purposeS of DCC 18.40.050,
"conunercial tree species" means tree
recOgnized under adI11IIllStratlVC YLIICS
adopted by the Oregon Department of
Forestry under ORS 527.715 for
commercial production.
3. For lots or parcels located within a
Wildlife /Area (WA) Combining /,one,
siting of the proposed dwelling would he
consistent with the limitations on density
PAGE 5 OF 10 - 1?XI IIBI 1' "]3" TO ORD1NANC F 2003-007 (03/26/03)
LXI111:317' "i3"
as applied under the applicable density
restrictions of DCC 18.88.
C. Large Tract Dwelling. For approval of a
single-family dwelling under DCC
18.40.050(C), the subject property shall
consist of at ]cast 240 contiguous acres in onc
ownership.
1). Template Dwelling. For approval under
DCC 18.40.050(1)), a single-family dwelling
shall meet the following requirements:
1. ']'he lot or parcel is predominantly
composed of soils that are:
a. Capable of producing zero to 20
cubic feet per acre per year of wood
fiber if:
i. All or part of at ]cast three other
lots or parcels that existed on
January 1, 1993, are within a 160
acre square centered on the
cearler of the subject tract; and
ii. At ]east three other dwellings
existed on January 1, 1993,_ttucl
e91lli1RiclAhcaist on the other lots
or parcels.
b. Capable of producing 21 to 50 cubic
feet per acre per year of wood fiber
I f:
i. All or part of at least seven other
lots or parcels that existed on
January 1, 1993, are within a 160
acre square centered on the
center of the subject tract; and
ii. At least three dwellings existed
on January 1, 1993,ind—cmUnue
to _exist on the other lots or
parcels.
c. Capable of producing more than 50
cubic feet per acre per year of wood
fiber if:
I. All or part of at ]east 11 other
lots or parcels that existed on
January 1, 1993, arc within a 160
acre square centered on the
center of the subject tract; and
ii. At least three dwellings existed
on January 1, 1993, and_contiuuc
to exist on the other lots or
parcels.
d.___Lotssr-_parcchi_witl iu urban growth
boitudarics__shall_-not be used_ to
salisfy�hc_1cu�lrtic_ icquircnretits
wide this-subscclim --
2. Re(Juireanents of Applying Template
a. 11'a tract 60 acres or larger described
in DCC l 8.40.050(1)) abuts a road or
perennial Stream, the measurement
shall be made by using a 160 -acre
rectangle that is one mile long and
one-fourth mile wide centered on the
center of the subject tract and that is
to the maximum extent possible
aligned with the road or stream.
b. If a road crosses the tract on which
the dwelling will be located, at least
onc of the three required dwellings
shall be on the same side of the road
as the proposed dwelling. however,
one of the three required dwellings
shall be on the same side of the road
or stream as the tract, and:
i. lie located within a 160 -acre
rectangle that is one mile long
and one-fourth mile wide
Centered on the center of the
subject tract and that is to the
maxinnnn extent possible
aligned with the road or stream;
ii. lie within orae -quarter mile. fl.olll
the edge of the subject tract but
not outside the length of the
160 -acre rectangle, and on the
same side of the road or stream
as the tract.
c. if a tract reviewed under DCC
18.40.050(1)) abuts a road that
existed on January 1, 1993, the
measurement may be made by
creating a 160 -acre rectangle that is
onc mile long and one-1,6111-lh mile
wide centered on the center of, thc
subject tract and that is to the
maximum extent possible, aligned
with the road.
(Ord. 2003-007 § 1, 2003; Ord. 94-038 § 2, 1994;
Ord. 92-025 § 3, 1992; Ord. 91-020 § 1, 1991)
PAG1? 0 OF 10 - FIX111lil'1' "li" TO ORDINANCE 2003-007 (03/26/03)
LA IIJBIT "l3"
18.40.060. Siting of dwellings and structures
A. All new dwellings and structures approved
pursuant to DCC 18.40.030 or permitted
under DCC 18.40.020 shall be sited in
accordance with DCC 18.40.060 and DCC
18.40.070. Relevant physical and locational
factors including, but not limital to,
topography, prevailing winds, access,
surrounding laud use and source of domestic
water shall be used to identify a site which:
1. llas the least impact on nearby or
adjacent lands zoned for forest or
agricultural use;
2. l?nsures that forest operations and
accepted farming practices will not be
curtailed or impeded;
3. Minimizes the amount of forest lands
used for the building site, road access
and service corridors; and
4. Consistent with the applicable provisions
of DCC 18.40.070, minimizes the risks
associated with wildfire.
B. The applicant shall provide evidence that the
domestic water supply, if any, is from a
source authorized in accordance with the
Department of Water Resources Oregon
Administrative Rules for the appropriation of
ground water (Oregon Administrative Rules
690, Division 10) or surface water (Oregon
Administrative Rules 690, Division 20) and
not from a Class 11 stream as defined in the
Forest Practices Rule (Oregon Administrative
Rules 629-24-101(3). If the water supply is
unavailable from public sources or sources
located entirely on the subject properly, then
tile. applicant shall provide evidence that a
legal casement has been obtained permitting
domestic water lines to cross the properties of
affected owners.
(Ord. 94-038 { 2, 1994; Ord. 92-025 § 3, 1992)
18.40.070. Tire siting standards for dwellings
and structures.
The following fire siting standards shall apply to
all new dwellings and permanent structures
(including permitted uses):
A. Access.
I. ]f a water supply, such as a swinuning
pool, pond, stream or lake, is available
and suitable for fire protection or is
required under DCC 18.40.070, then road
access to within 15 feet of the water's
edge shall be provided for pumping units.
The road access shall be constructed and
maintained to accommodate the
maneuvering of fire fighting equipment
during the fire season. Permanernt signs
shall be posted along the access route to
indicate the location of the emergency
water source.
2. Road access to the dwelling or structure
shall meet the road design standards
described in UCC 18.40.080.
13. Firebreaks.
1. Primary Firebreak. Prior to use, owners
of dwellings and structures shall
construct a primary firebreak, not less
than 10 feet wide, containing
nonflammable materials. This may
include lawn, walkways, driveways,
gravel borders or other similar materials.
2. Secondary firebreak. Owners of the
dwellings and structures shall construct it
secondary firebreak of not less than 20
feet outside the primary firebreak. ']'his
firebreak need not be bare ground, but
can include a lawn, ornamental
shrubbery or individual or groups of trees
separated by a distance equal to the
diameter of the crowns adjacent to each
other, or 15 feet, whichever is greater.
All trees shall be pruned to at least eight
feet in height. Dead fuels shall be
removed.
3. Duel Break. Owners of the dwellings and
structures shall maintain a fuel break
extending a minimum of 100 feel in all
directions around the secondary
firebreak. Individual and groups of tl'eCS
within the fuel break shall be separated
by a distance equal to the diameter of the.
crowns adjacent to each other, or 15 feet,
whichever is greater. Small trecs and
brush growing underneath larger U-ees
Shall be removed to prevent spread of fire
PAGE 7 OF 10 - I?XI11111T IV TO ORDINANCE 2003-007 (03/26103)
I?X111131T "B"
up into the crowns of the large trees. All
trees shall be pruned to at least eight feel
in height. Dead fuels shall be removed.
The fuel break shall be completed prior
to the beginning of the coming fire
season.
4. No portion of a tree or any other
vegetation shall extend to within 15 feet
of the outlet of a stovepipe or chi►uncy.
C. Singlc=fapmil, Caretaker
residences and private accommodations for
fishing shall not be located on hillsides
steeper than 30 percent and containing
flammable fuels._ A -single, Imiily_dwclling
shall not be sitehn �sloPe-greatcrAlilu 90
perccnt—
1). The applicant for a single-family dwelling,
caretaker residence or private
accommodations for fishing shall obtain an
address from the County address coordinator
and shall display that rnunber in a location of
the property that is clearly visible from the
road used as the basis for numbering. The
numbers shall not be less than three inches in
height, shall be painted in a contrasting or
visible color- and shall comply with all other
applicable standards for signs.
I". Structural Standards.
1. All dwellings and struclw-es shall use
noncombustible or fire resistant roofing
materials. ']'his means roofing material
identified as Class A, 13 or C in the:
Oregon Uniform Building Code. Roof
sprinklers are not an acceptable
alternative to this standard.
2. ]f the dwelling or slrueturc has a
chimney, it shall have a spark arrester.
1Dire Protection. Single-family dwellings,
caretaker residences and private
accommodations for fishing shall be located
upon it parcel for which fire protection
services are available or where alternative
Protective measures are authorized by DCC
18.40.070(1).
I. For the purposes of DCC 18.40.070 fire
protection services are available if the
parcel is located within the boundaries of
a fire protection district or residential fire
protection service is provided by
contract, as evidenced by it written,
signed contract.
2. If the dwelling or structurc is not within a
lire. protection district, the applicant shall
provide evidence that the applicant has
asked to be included in the nearest such
district.
3. If the: parcel is not located within a iirc
protection district and it is determined,
following application for inclusion
within the nearest such district, that
inclusion in the district would be
impracticable, alternative means of fire
protection shall be allowed, consistent
with the following standards:
it. 7'he dwelling or sUucture shall be
equipped with a residential fire
sprinkler system. For caretaker
residences or single-family
residences, such a sprinkler system
Shall be installed to tile: minimum
requirements of NI`PA 131)
"Standards for the Installation of
Sprinkler Systems in One and
Two-family Dwellings."
h. The dwelling shall have on-site water
storage capability from a swimming
pool, pond, lake, or similar water
body of at least 4,000 gallons or a
stream having a continuous year
round flow of at least one cubic. foot
per second. The applicant shall
provide verification from the Water
Resources I)epartment that any
permits or registrations required for
water diversions have been obtained
or that such permits or registrations
arc not required under stale law for
the use.
(Ord. 2003-007 § 1, 2003; Ord. 94-038 § 2, 1994;
Ord. 92-025 § 3, 1992)
18.40.080. hire safety design standards for
roads.
']'he following standards apply to all roads and
driveways, except for private roads accessing
only commercial forest uses, which access uses
permitted under DCC 18.40.020 or approved
under DCC 18.40.030.
PAGF 8 O1' 10 - ]?X11113]'1''73" TO ORDINANCE 2003-007 (03/26/03)
EXHIBIT "13"
A. Roads, bridges and culverts shall be designed
and maintained to support a minimum gross
vehicle weight (GVW) of 50,000 lbs. if
bridges or culverts arc involved in the
construction of a road or driveway, written
verification of compliance with the 50,000 lb.
GVW standard shall be provided by a
professional engineer registered in Orcgon.
13. Access roads shall have an unobstructed
horizontal clearance of not less than 20 feet
and an unobstructed vertical clearance of not
less than 13.5 feet, and provide an
all-wcather surface.
C. 'Turnarounds shall have a minimum of 50 feet
of turn radius with an all-weather surface and
be maintained for turning of fire lighting
equipment.
D. Road grades should not exceed eight percent,
with a maximum of 12 percent on short
pitches. Variations from these standards may
be granted when topographic conditions
make these standards impractical and where
the local fire protection district stales their
fire. fighting equipment can negotiate the
proposed road grade.
(Ord. 92-025 § 3, 1992)
18.40.085. Stocking requirement.
All dwellings approved under DCC 18.40 shall
be subject to the provisions of DCC 18.40.085.
A. Stocking Requirement.
1. Dwellings approved under DCC 18.40
shall include a condition requiring the
ownca- to plant a sufficient number of
frees on the tract to demonstrate that the
tract is reasonably expected to meet
Department of forestry stocking
requirements specified in Department of
Forestry administrative rules (Oregon
Administrative Rules 629-24-400--, �
,—qro in force at the time the approval is
granted.
z—{�msistettt -t=rn-e�tty
Asim .
Administ i— Ruies 629--24-40i and
Oregon
- -
E)r-egon Administrative Rtti-CS
629--2 - — Lt J,ilir Shall j lot be
1'e'ClUired ftr (i) tincts designated by the
l)clrnrtmer{Claes4Hfcrrrst
land and (2}traets kyfrtmdc,,r in
2. If the,lot-orparcel is more than 30 acres.
ihe---properLy-- owncr- - shall --submit a
stocking --survey rcmt to the county
assessor_mid_the assessor will verify that
the 11111llmltnLStocking-Mltrn"elllentS have
bC,C11-__ 1110-_1zy_- _t11C__time__ rectuircd by
Dcpartmeiil—ic 1_'C)mtryruks.
B. Reporting Reduircments.
1. The Planning Director or his designee
shall notify the County Assessor of any
stocking requirenunl condition at the
time the dwelling is approved.
2. The properly owner shall submit a
stocking survey report to the County
Assessor and the Assessor shall verily
that the minimum stocking requirements
have been met by the time required under
Department of Forestry rules. Tile
Assessor shall inform the Department of
Forestly in cases where the property
owner has not submitted a stocking
report or where the survey report
indicates that minimum stocking
requirements have not been met.
3. Upon notification by the Assessor, the
Department of forestry shall determine
whether the tract ►accts minimum
stocking requirements of the Forest
Practices Act. ']'flat decision shall be
solely the: decision of the Department of
Forestry. if the department determines
that the tract does not meet those
requirenreuts, the clepartme►rt shall notify
the owner and the assessor that the land
is not being managed as forest land. The
Assessor shall then remove the fioresl
land designation pursuant to ORS
321.359.
The tax penalty imposed by the Assessor
under DCC 18.40.085 shall be the only
sanction for fiailure to meet stocking
requirements.
(Ord. 2003-007 § 1, 2003; Ord. 94-038 § 2, 1994)
PAGI? 9 OF 10 - l?X111131T "I3" TO ORDINANCE 2003-007 (03/26/03)
EXHIBIT "B"
18.40.090. Dimensional standards.
In an F-2 Zone, the following dimensional
standards shall apply:
A. TlIC minimum lot size is 80 acres; 01-
I i.
r
I;. I ,and divisions creating parcels less than 80
acres in size may only be approved for uses
listed in OCC 18.40.030(1)) through (1'),
provided that those uses have been approved
pursuant to DCC 18.40.040. Such division
shall create a parcel that is the minimum size
necessary for the use.
C. Building height. No nonagricultural
building or structure shall be erected or
enlarged to exceed 30 feet III height, except
as approved under DCC 18.120.040.
(()rd. 94-038 § 2., 1994; Ord. 92-055 § 5, 1992;
Ord. 92-025 § 3, 1992; Ord. 91-020 § 1, 1991)
18.4(1.1(10. Yards and setbacks.
A
li
A
1)
The front yard setback shall be 40 feet from a
properly line fronting on a local street, 60
feet frolu a property line fronting on a
collector and 100 feet from a property line
fronting on an arterial.
Flach side yard setback shall be a minimum
01'25 feet, except a parcel or lot with a side
yard adjacent to zoned forest land shall have
a minimum side yard of 100 feet.
]Zeal- yards shall be a mininnun of 25 feet,
except parcels or lots with rear yards adjacent
to zoned forest land shall have a minimum
rear yard of 100 feet.
The setback from the north lot line shall meet
the solar setback requirements in DCC
18.116.180.
I?. 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 the County under
DCC 15.04 shall be met.
(Ord. 95-075 § 1, 1995; Ord. 94-008 § 19, 1994;
Ord. 92-025 § 3, 1992; Ord. 91-020 § 1, 1991;
Ord. 83-037 § 11, 1983)
18.40.110. Stream setbacks.
All sewage disposal installations, such as vault
toilets, septic WAS and drainfield systems shall
be set hack from the ordinary high water mark
along all streams and lakes a minimum of 100
feel measured at right angles to the ordinary high
water mark. All structures, buildings or similar
permanent fixtures shall be set hack from the
ordinary high water mark along all streams or
lakes a minimum of 100 fact measured at right
angles to the ordinary high water mark.
(Ord. 92-02.5 § 3, 1992; Ord. 91-020 § 1, 1991)
18.40.120. State law controls.
Forest operations are governed by the State
Forest Practices Act. Whenever a use allowed by
DCC 18.40 conflicts with or is prohibited by the
Orcgon }sorest Practices Act or regulations
promulgated thereunder, slate law shall control.
(Ord. 92-025 § 3, 1992)
18.40.130. Rimrock setback.
Setbacks from rimrock shall be as provided in
DCC 18.116.160.
(Ord. 93-043 § 5, 1993; Ord. 86-053 § 8, 1986)
(Zoning maps adol)lcd by Ord. 92-026 § 1, 1992)
PA(iF l0 OF 10 - EX111B1T "B" TO ORDINANCE 2003-007 (03/26/03)