2007-1454-Ordinance No. 2007-019 Recorded 8/24/2007REVIEWED
LEGAL COUNSEL
REV WED
CODE ,_VIEW COMMITTEE
DESCHUTES COUNTY CLERKDS lid 2007'1~~~
NANCY
COMMISSIONERS' JOURNAL ,
11111111111111111111111111111111
2007-1454
08124/200111,00,0 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, of the
Deschutes County Code Amending the Flood
Plain Zone, and declaring an Emergency and
Prescribing an Effective Date of September 28,
2007.
* ORDINANCE NO. 2007-019
WHEREAS, Deschutes County Community Development staff initiated a text amendment to the
County's flood plain zone code text as required by the United States Federal Emergency Management Agency;
and
WHEREAS, the Planning Commission considered this matter after a public hearing on June 14, 2007
and forwarded changes to the zoning regulations for the flood plain to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners considered this matter after a public hearing on.
July 23, 2007, and concluded that the public will benefit from changes to the land use regulations for the flood
plain; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.04, Definitions is amended to read as described in Exhibit "A,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in s*r eugh.
Section 2. AMENDMENT. DCC 18.96, Flood Plain Zone is amended to read as described in
Exhibit "B," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in str-ikethfo gh
Section 3. AMENDMENT. DCC 18.108, Flood Plain Combining District- Sunriver is amended to
read as described in Exhibit "C," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strikethr--ugh.
Section 4. AMENDMENT. DCC 18.116.095, Supplementary Provisions, is amended to read as
described in Exhibit "D," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in °*rilEet feugh
Section 5. FINDINGS. The Board of Commissioners adopts as its findings identified in the Staff
Report in support of this amendment, attached as Exhibit "E" and incorporated by reference herein.
PAGE 1 OF 2 - ORDINANCE NO. 2007-019 (08/06/07)
Section 6. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on September
28, 2007.
Dated this 4 ~i of "Lo t, 2007
G
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, VICE CHAIR
ATTEST:
Recording Secretary TAMMY EY, COM I SIONER
Date of 1St Reading: 4"Z~ day of 12007.
Date of 2nd Reading: 0 day of A4.~-t-2007.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly
Dennis R. Luke Ae-
Tammy Baney r/
Effective date: eday of , , 2007.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2007-019 (08/06/07)
EXHIBIT "A„
NOTE: denotes code provision not
amended by this ordinance.
Chapter 18.04. TITLE, PURPOSE AND
DEFINITIONS
18.04.010. Title.
18.04.020. Purpose.
18.04.030. Definitions.
18.04.010. Title.
DCC Title 18 shall be known as the Deschutes
County Zoning Ordinance of 1979.
(Ord. 91-020 § 1, 1991)
18.04.020. Purpose.
A. The intent or purpose of DCC Title 18 is to
promote the public health, safety and general
welfare and to carry out the Deschutes
County Comprehensive Plan, the provisions
of ORS 215 and the Statewide Planning
Goals adopted pursuant to ORS 197. DCC
Title 18 is to establish zoning districts and
regulations governing the development and
use of land within portions of Deschutes
County, Oregon;
B. To provide regulations governing
nonconforming uses and structures; to
establish and provide for the collection of
fees; to provide for the administration of
DCC Title 18 and for the officials whose
duty it shall be to enforce the provisions
thereof, to provide penalties for the violations
of DCC Title 18; and to provide for
resolution of conflicts;
C. To regulate the placement, height and bulk of
buildings; and the placement and growth of
vegetation within the County to ensure access
to solar energy by reasonably regulating
interests in property within the County, as
authorized under ORS 215.044 and ORS
105.880 through 105.890, to promote and
maximize the conservation of energy by
preserving the option to utilize solar energy
and to implement the Comprehensive Plan
polices relating to solar energy; and
D. To encourage the design of new buildings,
structures and developments which use solar
energy and protect future options to use solar
energy by protecting solar access.
(Ord. 91-020 § 1, 1991; Ord. 83-037 § 1, 1983)
18.04.030. Definitions.
As used in DCC Title 18, the following words
and phrases shall mean as set forth in DCC
18.04.030.
"Flood plain development" means any man made
change to improved or unimproved real estate,
including, but not limited to, buildings or other
structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or
story e_eF equipment or materials., located within
the area of special flood hazard
"Recreational vehicle" means a mobile unit which
is designed for temporary human occupancy and
licensed as a motor home, recreational trailer or
camper by the Oregon Motor Vehicles Division
or similar units licensed by another state. This
mobile unit is designed to be:
a.- sel.flyroyelled or permanently towable by
a light duty truck;
b. built on a single chassis and
c. 40 _square feet or less when measured at
the lamest horizontal oroiection.
(Ord. 07-01L) 1, 2007; Ord. 2006-008 § 1, 2006;
Ord. 2005-041 § 1, 2005; Ord. 2004-024 § 1,
2004; Ord. 2004-001 § 1, 2004; Ord. 2003-028 §
1, 2003; Ord. 2001-048 § 1, 2001; Ord. 2001-044
§ 2, 2001; Ord. 2001-037 § 1, 2001; Ord. 2001-
033 § 2, 2001; Ord. 97-078 § 5, 1997; Ord. 97-
017 § 1, 1997; Ord. 97-003 § 1, 1997; Ord. 96-
082 § 1, 1996; Ord. 96-003 § 2, 1996; Ord. 95-
077 § 2, 1995; Ord. 95-075 § 1, 1975; Ord. 95-
007 § 1, 1995; Ord. 95-001 § 1, 1995; Ord.
94-053 § 1, 1994; Ord. 94-041 2 and 3, 1994;
Ord. 94-038 § 3, 1994; Ord. 94-008 1, 2, 3, 4,
5, 6, 7 and 8, 1994; Ord. 94-001 1, 2, and 3,
1994; Ord. 93-043 1, IA and 1B, 1993; Ord.
93-038 § 1, 1993; Ord. 93-005 1 and 2, 1993;
Ord. 93-002 1, 2 and 3, 1993; Ord. 92-066 § 1,
1992; Ord. 92-065 1 and 2, 1992; Ord. 92-034
§ 1, 1992; Ord. 92-025 § 1, 1992; Ord. 92-004
PAGE 1 of 2 - EXHIBIT "A" OF ORDINANCE 2007-019 (07/XX/2007)
EXHIBIT "A"
1 and 2, 1992; Ord. 91-038
Ord. 91-020 § 1, 1991; Ord.
Ord. 91-002 § 11, 1991; Ord.
Ord. 89-009 § 2, 1989; Ord.
Ord. 88-050 § 3, 1988; Ord.
Ord. 88-009 § 1, 1988; Ord.
Ord. 86-056 § 2, 1986; Ord.
Ord. 86-032 § 1, 1986; Ord.
Ord. 85-002 § 2, 1985; Ord.
Ord. 83-037 § 2, 1983; Ord.
Ord. 82-013 § 1, 1982)
3 and 4, 1991;
91-005 §
1, 1991;
90-014 §
2, 1990;
89-004 §
1, 19'&9;
88-030 §
3, 1988;
87-015 §
1, 1987;
86-054 §
1, 1986;
86-018 §
1, 1986;
84-023 §
1, 1984;
83-033 §
1, 1983;
PAGE 2 of 2 - EXHIBIT "A" OF ORDINANCE 2007-019 (07/XX/2007)
EXHIBIT "B"
+Chapter 18.96. FLOOD PLAIN
ZONE-FP
18.96.010.
Purposes.
18.96.020.
Designated areas.
18.96.030.
Uses permitted outright.
18.96.040.
Conditional uses permitted.
18.96.050.
Prohibited uses.
18.96.060.
Limitations on conditional uses.
18.96.070.
Application for conditional use.
18.96.080.
Criteria to evaluate conditional
uses.
18.96.085.
Elevation certification.
18.96.090.
Yard and setback requirements.
18.96.100.
Stream setback.
18.96.110.
Dimensional standards.
18.96.120.
Warning and disclaimer of
liability.
18.96.130
Interpretation of FIRM
boundaries
1.8.96.140
Use variances.
18.96.010. Purposes.
The purposes of the Flood Plain Zone are: To
implement the Comprehensive Plan Flooding
Section; to protect the public from the hazards
associated with flood plains; to conserve
important riparian areas along rivers and streams
for the maintenance of the fish and wildlife
resources; and to preserve significant scenic and
natural resources while balancing the public
interests with those of individual property owners
in the designated areas.
(Ord. 88-030 § 4, 1988)
18.96.20. Designated areas.
The Flood Plain Zone shall include all areas
designated as "Special Flood Hazard Areas" by
the Flood Insurance Study for Deschutes County.
When base flood elevation data has not been
provided in the Flood Insurance Study, the
Planning DivisionDirector will obtain, review
and reasonably utilize any base flood elevation or
floodway data available from federal, state or
other sources, in determining the location of a
flood plain or floodway.
(Ord 2007-019 § 2, 2007; - Ord. 2000-033 § 5,
2000; Ord. 88-030 § 4, 1988)
18.96.030. Uses permitted outright.
The following uses and their accessory uses are
permitted outright
A. Agricultural use conducted without
establishing or utilizing a structure. For
purposes of DCC 18.96.030(A), a "structure"
does not include a boundary fence as long as
such fence is designed to impede as little as
possible the movement of floodwaters and
flood-carried material.
B. Management, propagation and harvesting of a
forest product.
C. Open space.
D. Portions of a residential use that do not
contain structures, such as lawn, garden or
play areas.
E. Class I and lI road or street project subject to
approval as part of a land partition,
subdivision or subject to the standards and
criteria established by DCC 18.116.230 that
do not involve Floodplain development.
F. Class III road or street proiect that does not
The areas of special flood hazard identified by the constitute Floodplain development as defined
Federal Insurance Administration in a scientific in DCC 1.8.04.030.
and engineering report entitled "Flood Insurance G. Excavation, grading and fill for the routine
Study for Deschutes County, Oregon and maintenance and repair of existing roads and
Incorporated Areas" revised -me 8, roadway drainage within the road ri hit-of-
4948September 28, 2007, with accompanying way that will have not adverse effect on flood
Flood Insurance Rate Maps is hereby adopted by waters.
reference and incorporated herein by this
reference. The Flood Insurance Study is on file at H. Operation, maintenance, and piping of
the Deschutes County Community Development existing irrigation systems operated by an
Department. Irrigation District except as provided in DCC
18.120.050.
PAGE 1 OF 8 - EXHIBIT "B" TO ORDINANCE 2007-019 (08/06/07)
EXHIBIT "B"
1. Recreational vehicles provided they meet the
standards and criteria established by DCC
18.116.095.
(Ord. 2007-019 § 2 2007; Ord. 93-043 § 15,
1993; Ord. 91-020 § 1, 1991; Ord. 88-030 § 4,
1988)
F. 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. Excavation, grading and fill
within any area of special flood hazard
identified in DCC 18.96.020.
18.96.040. Conditional uses permitted.
The following uses and their accessory uses may
be allowed subject to applicable sections of this
title:
A. A roadway, bridge or utility structure, except
a landfill, that will not impede the waters of a
base flood subject to DCC 18.128.
B. Incidental storage of material or equipment
that is either not subject to damage by flood,
or is mobile and readily removable from the
area within time available after flood
warning. If such material is not readily
removable, it shall be anchored to prevent
flotation and shall not obstruct water flow.
Material or equipment stored shall include
only items which will not create a hazard to
the health or safety of persons, property,
animals or plant life should the storage area
be inundated.
C. Single-family dwelling, or a manufactured
home subject to DCC 18.116.070, on an
individual lot. In addition to the other
requirements of DCC 18.96, single-family
dwellings proposed to be sited in areas of the
Flood Plain Zone designated "Agriculture" on
the Comprehensive Plan Map may be
approved only as uses identified by DCC
18.16.030(A), (B), (D) or (E) and subject to
the applicable provisions of DCC 18.16
governing those uses. In addition to the other
requirements of DCC 18.96, single-family
dwellings proposed to be sited in areas of the
Flood Plain Zone designated "Forest" on the
Comprehensive Plan Map may be approved
only as uses identified by DCC 18.36.030(Y),
18.40.030(X) or 18.40.030(Y) and subject to
the applicable provision of DCC 18.36 and
18.40 governing those uses.
D. Agricultural accessory buildings.
E. Hydroelectric facilities subject to DCC
18.116.130 and 18.128.260.
G. Recreational uses requiring only structures
having an insignificant effect on flood waters
outside the Floodway, such as golf courses,
tennis courts, driving ranges, archery ranges,
picnic grounds, boat launching ramps,
swimming areas, wildlife or nature preserves,
game farms, fish hatcheries, shooting
preserves and hunting or fishing areas subject
to DCC 18.128, except in areas designated
"Forest" or "Agriculture" on the
Comprehensive Plan Map.
H. Subdividing or partitioning of land, any
portion of which is located in a flood plain,
subject to the provisions of DCC Title 18 and
DCC Title 17, the Subdivision/Partition
Ordinance.
All new constriction expansion or
substantial improvement of an existing
dwelling, an agricultural related structure, a
commercial, industrial or other
non-residential structure, or an accessory
building.
J. A boat dock or pier, either individual or
community, on private property which lies in
the following areas:
On the Deschutes River between river
miles 226.4 and 224.5. This area is
identified in the Scenic Waterwav
Management Plan as the Wickiup River
Community Area;
2. On the Deschutes River between river
miles 217.5 and 216.5. This area is
identified in the Scenic Waterway
Management Plan as the Pringle Falls
River Community Area; and
3. On the Deschutes River between river
miles 207 and 192. This area is
identified in the Scenic Waterway
Management Plan as River Community
Areas and Recreational River Area
respectively.
PAGE 2 OF 8 - EXHIBIT "B" TO ORDINANCE 2007-019 (08/06/07)
EXHIBIT "B"
K. Those recreational uses described in DCC
18.36.030, "F-1 - Conditional Uses," having
an insignificant effect on flood waters where
the subject Flood Plain-zoned site is
designated by the Comprehensive Plan Map
as "Forest" and is adjacent to land zoned F-1.
L. Those recreational uses described in DCC
18.40.030, 7-2 - Conditional Uses," having
an insignificant effect on flood waters where
the subject Flood Plain-zoned site is
designated by the Comprehensive Plan Map
as "Forest" and is adjacent to land zoned F-2.
M. Wireless telecommunications facilities,
except those facilities meeting the
requirements of DCC 18.116.250(A) or
(B).
B. No new construction of a dwelling (including
manufactured housing), accessory structure
or farm use structure shall be located in the
flood plain unless it can be demonstrated by
the applicant that no alternative exists on the
subject property which would allow the
structure to be placed outside of the flood
plain.
C. No subdivision or partition shall be allowed
which creates the potential for additional
residential dwellings in the flood plain.
D. All necessary federal, state and local
government agency permits shall be obtained.
(Ord. 2007-091 § 2, 2007; Ord. 95-022 § 1, 1995;
Ord. 93-002 § 5, 1993; Ord. 91-020 § 1, 1991;
Ord. 88-030 § 4, 1988)
N. Surface mining of mineral and aggregate
resources in conjunction with the
operation and maintenance of irrigation
systems operated by an Irrigation
District, including the excavation and
mining for facilities, ponds, reservoirs,
and the off-site use, storage, and sale of
excavated material.
(Ord. 2007-019 § 2, 2007; Ord. 2001-039 § 11,
2001; Ord. 2001-016 § 2, 2001; Ord. 97-063 § 3,
1997; Ord. 96-032 § 1, 1996; Ord. 95-075 § 1,
1995; Ord. 95-022 § 1, 1995; Ord. 93-045 § 1,
1993; Ord. 93-002 § 4, 1993; Ord. 91-038 § 1,
1991; Ord. 91-005 § 37, 1991; Ord. 89-009 § 4,
1989; Ord. 88-030 § 4, 1988)
18.96.050. Prohibited uses.
Marinas, boat slips and boat houses on private
property.
(Ord. 89-009 § 5, 1989)
18.96.060. Limitations on conditional uses.
The following limitations shall apply to all uses
allowed by DCC 18.96.040:
A. No new construction of a dwelling (including
manufactured housing), accessory structure
or farm use structure shall be allowed in the
floodway of any river or stream except for
replacement in conformance with the
applicable provisions of DCC 18.96 of a
dwelling lawfully in existence as of the
effective date of Ordinance 88-030.
18.96.070. Application for conditional use.
All records of any application for a conditional
use permit and all certification of elevations shall
be maintained in the records of the Community
Development Department for public inspection.
An application for a conditional use permit in the
Flood Plain Zone shall, at a minimum, contain the
following information:
A. A detailed explanation of why it is necessary
to conduct the proposed use in the Flood
Plain Zone. Where base flood elevation data
is not available from the Flood Insurance
Study or from another authoritative source, it
shall be generated and submitted with the
application for subdivision proposals and
other proposed developments which contain
at least 50 lots or five acres (whichever is
less).
B. A site plan, drawn to scale and accompanied
by drawings, sketches and descriptions which
describe and illustrate the proposed use. This
site plan shall include, at a minimum, existing
and proposed site contours in relation to the
base flood elevation, existing and proposed
structures, drainage facilities, and an
explanation of how erosion will be dealt with
during and after construction of the use.
C. The location of the property relative to the
channel of the river or stream.
D. The location of existing and proposed diking
or abutments, if any.
PAGE 3 OF 8 - EXHIBIT "B" TO ORDINANCE 2007-019 (08/06/07)
EXHIBIT "B"
E. The elevation of the lowest habitable floor
and of any basement floor for any dwelling
unit or structure.
F. The elevation to which the structure is to be
floodproofed, if applicable.
G. Elevations on the site plan shall be
established by a licensed surveyor or
engineer, and shall be in relation to mean sea
level.
H. Certification by a registered professional
engineer or architect that the floodproofing
methods for any structure meet the
floodproofing criteria established by the
Federal Emergency Management Agency and
the applicable standards in DCC 18.96.
1. All other elements or information which will
assist in the evaluation of the proposed
development and conformance with the
applicable criteria.
(Ord. 95-022 § 1, 1995; Ord. 93-043 § 15A,
1993; Ord. 91-020 § 1, 1991; Ord. 88-030 § 4,
1988)
18.96.080. Criteria to evaluate conditional
uses.
A. A conditional use permit in a Flood Plain
Zone shall not be approved unless all
standards established by the Federal
Emergency Management Agency and DCC
Title 18 are addressed and findings are made
by the Hearings Body or Planning Director
that each of the standards and criteria are
satisfied.
B. Approval to alter or relocate a water course
shall require notification to adjacent
communities, the Department of Land
Conservation and Development and
Department of State Lands, prior to any such
alteration or relocation and submit evidence
to the Federal Insurance Administration.
Maintenance shall be provided within the
altered and relocated portion of said
watercourse so that the flood carrvina
capacity is not diminished.
C. A conditional use permit shall be based upon
findings which relate to the property and
existing and proposed structure(s). They
shall not pertain to the property owner,
inhabitants, economic or financial
circumstances.
D. All structures in the flood plain shall meet the
following standards.
1. Anchoring.
a. All new construction and substantial
improvements shall be anchored to
prevent flotation, collapse or lateral
movement of the structure.
b. All manufactured homes must be
anchored to prevent flotation,
collapse or lateral movement, and
shall be installed using methods and
practices that minimize flood
damage. Anchoring methods may
include, but are not limited to, use of
over-the-top or frame ties to ground
anchors.
2. Construction Materials and Methods.
a.
All new construction and substantial
improvements shall be constructed
with materials and utility equipment
resistant to flood damage.
b.
All new construction and substantial
improvements shall be constructed
using methods and practices that
minimize flood damage.
c.
Electrical, heating, ventilation,
plumbing and air-conditioning
equipment and other service facilities
shall be designed and/or otherwise
elevated or located so as to prevent
water from entering or accumulating
within the components during
conditions of flooding.
3. Uti
lities.
a.
All new and replacement water
supply systems shall be designed to
minimize or eliminate infiltration of
flood waters into the system.
b.
New and replacement sanitary
systems shall be designed to
minimize or eliminate infiltration of
floodwaters into the system and
discharge from the system into flood
waters.
c.
On-site waste disposal systems shall
be located to avoid impairment to
PAGE 4 OF 8 - EXHIBIT "B" TO ORDINANCE 2007-019 (08/06/07)
EXHIBIT "B"
them or contamination from them
Bulletin 11-01 and must either be
during flooding.
certified by a registered professional
4. Below-grade crawlspace is allowed
engineer or architect and of must
subject to the standards in FEMA
meet or exceed the following criteria:
Technical Bulletin I 1-01.
i. A minimum of two openings
having a total net area of not less
E. Subdivision and Partition Proposals.
than one square inch for every
1. All subdivision and partition proposals
square foot of enclosed area
shall be consistent with the need to
subject to flooding shall be
minimize flood damage.
provided.
2. All subdivision and partition proposals
ii. The bottom of all openings shall
shall have public utilities and facilities
be no higher than one foot above
such as sewer, gas, electrical and water
grade.
systems located and constructed to
iii. Openings may be equipped with
minimize flood damage.
screens, louvers or other
3. All subdivision and partition proposals
coverings or devices, provided
shall have adequate drainage provided to
that they permit the automatic
reduce exposure to flood damage.
entry and exit of floodwaters.
F. Review of Building Permits. Where
2. Nonresidential Construction. New
elevation data is not available either through
construction and substantial
the Flood Insurance Study or from another
improvement of any commercial,
authoritative source, applications for building
industrial or other nonresidential
permits shall be reviewed to assure that
structure shall either have the lowest
proposed construction will be reasonably safe
floor, including basement, elevated at
from flooding. The test of reasonableness is
least one foot above the level of the base
a local judgment and includes use of
flood elevation, or, together with
historical data, high water marks,
attendant utility and sanitary facilities,
photographs of past flooding, etc., where
shall:
available. (Failure to elevate at least two feet
a. Be flood proofed so that below the
above grade in these zones may result in
base flood level the structure is
higher insurance rates.)
watertight with walls substantially
impermeable to the passage of water.
G. Specific Standards. In the Flood Plain Zone,
b. Have structural components capable
the following requirements must be met:
of resisting hydrostatic and
1. Residential Construction.
hydrodynamic loads and effects of
a. New construction, including
buoyancy.
replacement, and substantial
c. Be certified by a registered
improvement of any residential
professional engineer or architect
structure shall have the lowest floor
that the design and methods of
of the entire structure, including
construction are subject to accepted
basement, elevated at least one foot
standards of practice for meeting
above base flood elevation.
provisions of DCC 18.96.080, based
b. Fully enclosed areas below the lower
on their development and/or review
floor that are subject to flooding are
of the structural design,
prohibited unless they are designed
specifications and plans. Such
to automatically equalize hydrostatic
certifications shall be provided to the
flood forces on exterior walls by
County as set forth in DCC
allowing for the entry and exit of
18.96.070(H).
floodwaters. Designs for meeting
d. Nonresidential structures that are
this requirement must satisfy the
elevated, but not fleedpreefedflood-
standards in FEM. A Technical
roofed, must meet the same
PAGE 5 OF 8 - EXHIBIT "B" TO ORDINANCE 2007-019 (08/06/07)
EXHIBIT "B"
4.
standards for space below the lowest
ii. Will not increase flood hazard;
floor as described in DCC
and
18.96.080(F).
iii. Will not cause the deterioration
e. Applicants for flood-proofing non-
or destruction of marine life or
residential buildings shall be notified
wildlife habitat. When the lines
that flood insurance premiums will
of ordinary high or low water
be based on rates that are one foot
cannot be determined by survey
below the floodproofed level (e.g. a
or inspection, then such lines
building constructed to the flood
shall be determined by a
level will be rated as one foot below
registered professional engineer
that level).
using the annual mean high or
Manufactured Homes. All manufactured
low water for the preceding year,
homes to be placed or substantially
using data from the State of
improved shall be elevated on a
Oregon Watermaster.
permanent foundation such that the
f. Individual boat docks and piers shall
lowest floor of the manufactured home is
have a minimum five foot setback
at least one foot above the base flood
from adjoining property boundaries
elevation. Such manufactured homes
projected over the water surface.
shall be securely anchored to an
g. Dock, pier and walkway structures
adequately anchored foundation system
shall not be covered or enclosed.
subject to the provisions of DCC
h. All materials used in dock, pier or
18.96.080(C)(1).
walkway construction must be in
Docks, Piers and Walkways.
compliance with all DEQ and EPA
a. No individual boat dock or pier shall
regulations.
be allowed on any lot with less than
i. Docks, piers and walkways shall use
200 feet of river frontage.
either pilings or Styrofoam floats if
b. No community boat dock or pier
such floats are fully enclosed and
shall be allowed on any lot with less
sealed.
than 100 feet of river frontage.
j. Docks, piers and walkways shall not
c. No individual boat dock or pier shall
impede water movement or cause
be more than 20 feet in length or
deposition on waterway beds.
more than eight feet in width. The
k. Docks, piers and walkways
total surface area shall not exceed
containing concrete or wood
160 square feet.
preservatives shall be fully cured or
d. No community boat dock or pier
dried prior to placement in the water.
shall be more than 20 feet in length.
1. No walkway shall be more than four
The total surface area shall not
feet in width. The length of the
exceed 320 square feet,
walkway shall be no more than the
e. A boat dock or pier shall not extend
minimum required to allow access to
into or over the water more than 20
a dock.
feet as measured from the ordinary
m. Walkways shall include at least one
high water mark (OHM), or five
handrail if the structure is elevated
percent of the distance between the
30 inches or more from ground level.
ordinary low water mark (OLM) on
n. All docks, piers and walkways shall
each river or stream bank measured
meet the test of noninterference with
at right angles to the shoreline,
navigation.
whichever is less, unless it can be
5. Parking Facilities. No parking facility
shown that a greater extension:
shall be located within 20 feet (measured
i. Is necessary to allow access to
at right angles) of the ordinary high water
the OHM;
mark (OHM).
PAGE 6 OF 8 - EXHIBIT "B" TO ORDINANCE 2007-019 (08/06/07)
EXHIBIT "B"
H. Floodways. In floodways the following
provisions shall apply:
1. Encroachments, including fill and
removal, replacement of a dwelling
lawfully in existence on the effective date
of Ordinance 88-030 and other
development are prohibited unless
certification by a registered professional
engineer is provided demonstrating that
the proposed encroachments will not
result in any increase in flood levels
during a base flood discharge.
2. The applicant must demonstrate that all
necessary federal, state and local
government agency permits have been or
can be obtained and that all other
applicable sections of DCC Title 18 have
been satisfied.
3. Replacement of a dwelling shall not
increase the square footage or footprint
of the structure by more than 20 percent
of the square footage or footprint of such
dwelling as of the effective date of
Ordinance 88-030.
4. No replacement of a dwelling shall be
allowed if the use of the preexisting
dwelling has been abandoned or
otherwise terminated for a period of over
one year.
(Ord. 2007-019 § 2 2007. Ord. 2000-033 § 6,
2000; Ord. 95-075 § 1, 1995; Ord. 95-022 § 1,
1995; Ord. 93-043 § 15B, 1993; Ord. 93-002
6-8, and 9, 1993; Ord. 91-020 § 1,1991; Ord.
89-009 § 7, 1989; Ord. 88-030 § 4, 1988)
18.96.085. Elevation certification.
Elevation of all new construction, including
replacement and substantial improvements,
relative to mean sea level of the lowest floor shall
be documented before the framing inspection
with a survey certified by a State of Oregon
registered professional engineer or land surveyor.
(Ord. 95-022 § 1, 1995; Ord. 93-002 § 10, 1993)
18.96.090. Yard and setback requirements.
In an FP Zone, the following yard and setback
requirements shall be maintained:
street, 30 feet from a property line fronting on
a collector and 50 feet from an arterial.
B. There shall be a minimum side yard of 10
feet for all uses.
C. The minimum rear yard shall be 20 feet.
D. The setback from a north lot line shall meet
the solar setback requirements in DCC
18.116.180.
E. The minimum yard setback for a nonfarm use
from the property line adjacent to a farm use
not owned by the applicant shall be 100 feet.
F. 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 § 25, 1994;
Ord. 88-030 § 4, 1988)
18.96.100. Stream setback.
To permit better light, air, vision, stream and
pollution control, to protect fish and wildlife areas
and to preserve the natural scenic amenities along
streams and lakes, the following setbacks shall
apply:
A. All sewage disposal installations such as
septic tanks or septic drain fields shall be
setback from the ordinary high water mark
along all streams or lakes a minimum of 100
feet, measured at right angles to the ordinary
high water mark. In those cases where
practical difficulties preclude the location of
the facilities at a distance of 100 feet, and the
County Sanitarian finds that a closer location
will not endanger public health or safety, a
setback exception may be permitted to locate
these facilities closer to the stream or lake,
but in no case closer than 25 feet.
B. All structures, buildings or similar permanent
fixtures shall be set back from the ordinary
high water mark along all streams or lakes a
minimum of 100 feet measured at right
angles from the ordinary high water mark.
(Ord. 91-020 § 1, 1991; Ord. 88-030 § 4, 1988)
A. The front setback shall be a minimum of 20
feet from a property line fronting on a local
PAGE 7 OF 8 - EXHIBIT "B" TO ORDINANCE 2007-019 (08/06/07)
EXHIBIT "B"
18.96.4-30140. Use variances.
18.96.110. Dimensional standards. Use variances or variances to the standards
In an FP Zone, the following dimensional established by DCC 18.96.060 and 18.96.080
standards shall apply: shall not be allowed.
A. Lot Coverage. The main building and (Ord. 2007-019 § 2, 2007; Ord. 88-030 § 4, 1988)
accessory buildings located on any building
site or lot shall not cover in excess of 30
percent of the total lot area.
B. Building Height. No building or structure
shall be erected or enlarged to exceed 30 feet
in height, except as allowed under DCC
18.120.040.
C. Minimum lot size shall be 10 acres for all
areas which have received an exception to the
Statewide Planning Goals for resource uses.
Areas which have not received an exception
to the Statewide Planning Goals shall have a
minimum lot size of 80 acres.
(Ord. 92-055 § 8, 1992)
18.96.120. Warning and disclaimer of
liability.
The degree of flood protection required by DCC
Title 18 is considered reasonable for regulatory
purposes and is based upon scientific and
engineering considerations. Larger floods can
and will occur on rare occasions. Flood heights
may be increased by man-made or natural causes.
DCC Title 18 shall not create liability on the part
of Deschutes County, any officer, agent or
employee thereof, or the Federal Insurance
Administration, for any flood damages that result
from reliance on DCC Title 18 or any decision
lawfully made hereunder.
(Ord. 88-030 § 4, 1988)
18.96.130 Interpretation of FIRM
boundaries
A. The Planning Director shall make
interpretations where needed, as to exact
location of the boundaries of the areas of
special flood hazards (for example, where
there appears to be a conflict between a
mapped boundarv and actual feld
conditions).
B. Such interpretations shall be processed as a
development action pursuant to Chapter
22.16.
(Ord. 2007-019 ; 2, 2007)
PAGE 8 OF 8 - EXHIBIT "B" TO ORDINANCE 2007-019 (08/06/07)
EXHIBIT "C"
NOTE: denotes code provision not
amended by this ordinance.
Chapter 18.108. URBAN
UNINCORPORATED
COMMUNITY ZONE -
SUNRIVER
18.108.010. Purpose.
18.108.020 Standards for all districts.
18.108.030. Single Family Residential - RS
District.
18.108.040. Multiple Family Residential - RM
District.
18.108.050. Commercial - C District.
18.108.060. Resort - R District.
18.108.070. Resort Marina - RA District.
18.108.080. Resort Golf Course - RG District.
18.108.090. Resort Equestrian - RE District.
18/108.100. Resort Nature Center - RN
District.
18.108.110. Business Park - BP District.
18.108.120. Community General - CG
District.
18.108.130. Community Recreation - DR
District.
18.108.140 Community Limited - CL
District.
18.108.150 Community Neighborhood - CN
District.
18.108.160. Airport - A District.
18.108.170 Utility - U District.
18.108.180. Forest - F District.
18.108.190. Flood Plain - FP Combining
District.
18.108.010. Purpose.
The purpose of the Urban Unincorporated
Community (UUC) Zone - Sunriver is to provide
standards and review procedures for the future
development of the urban unincorporated
community of Sunriver. The UUC Zone -
Sunriver is composed of 16 separate zoning
districts and one combining zone district, each
with its own set of allowed uses and distinct
regulations, as further set forth in DCC 18.108.
(Ord. 97-078 § 2, 1997)
18.108.020. Standards in all Districts.
A. Approval Required. Any use in an RM, C, R,
RA, RG, RE, RN, BP, CG, CR, CL, CN, A,
U or F District shall be subject to DCC
18.124. All uses listed as conditional uses
within the RS District are also subject to the
requirements of DCC 18.124.
B. Solar Setbacks. The setback from the north
lot line shall meet the solar setback
requirements of DCC 18.116.180.
C. 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.
D. Off-Street Parking and Loading. Off-street
parking and loading shall be provided subject
to the parking provisions of DCC 18.116.
E. Outdoor Lighting. All outdoor lighting shall
be installed in conformance with DCC 15.10.
F. Excavation, Grading and Fill and Removal.
Excavation, grading and fill and removal
within the bed and banks of a stream or river
or in a wetland shall be subject to DCC
18.120.050 and/or DCC 18.128.270.
G. Signs. All signs shall be constructed in
accordance with the provisions of DCC
15.08.
(Ord. 97-078 § 2, 1997)
18.108.190. Flood Plain - FP Combining
District.
A. Designated Areas. The Flood Plain
Combining District includes all areas within
the Sunriver UUC designated as "Special
Flood Hazard Areas" in the report entitled
"The Flood Insurance Study for Deschutes
County, Oregon and Incorporated Areas,"
dated Atjgtist September 28. 2007,
with accompanying flood insurance rate
maps.
B. Conditional Uses. Uses permitted either
outright or conditionally in the underlying
PAGE 1 of 3- EXHIBIT "C " TO ORDINANCE NO. 2007-019 (08/06/07)
EXHIBIT "C"
district with which the FP Combining District
is combined shall be allowed as conditional
uses in the FP Combining District, subject to
the provisions of DCC 18.108.190(C) and
DCC 18.128 and other applicable sections of
this title.
C. Use Limits. All uses proposed within the FP
Combining District shall be subject to DCC
18.96.060 through 18.96.085 and DCC
18.96.100, 18.96.120 iufld -throu =1
18.96.14030.
D. Height Regulations. The height regulations
for the FP Combining District shall be those
which are established in the underlying
district with which the FP Combining District
is combined.
E. Lot Requirements. The lot dimension and
yard requirements for the FP Combining
District shall be those which are established
in the underlying district with which the FP
Combining District is combined.
(Ord 2007-019 § 3, 2007; Ord. 97-078 § 2, 1997)
PAGE 2 of 3- EXHIBIT "C " TO ORDINANCE NO. 2007-019 (08/06/07)
EXHIBIT "D"
NOTE: denotes code provision not
amended by this ordinance.
Chapter 18.116. SUPPLEMENTARY
PROVISIONS
18.116.010. Authorization of similar uses.
18.116.020. Clear vision areas.
18.116.030. Off-street parking and loading.
18.116.031. Bicycle parking.
18.116.035. Bicycle commuter facilities.
18.116.040. Accessory uses.
18.116.050. Manufactured homes.
18.116.070. Placement standards for
manufactured homes.
18.116.080. Manufactured home or RV as a
temporary residence on an
individual lot.
18.116.090. A manufactured home as a
temporary residence for medical
condition.
18.116.095. Recreational vehicle as a
temporary residence on an
individual lot.
18.116.100. Building projections.
18.116.200. Repealed.
18.116.120. Fences.
18.116.130. Hydroelectric facilities.
18.116.140. Electrical substations.
18.116.150. Endangered species.
18.116.160. Rim rock setbacks outside of LM
combining zone.
18.116.170. Solar height restrictions.
18.116.180. Building setbacks for the
protection of solar access.
18.116.190. Solar access permit.
18.116.200. Repealed.
18.116.210. Residential homes and residential
facilities.
18.116.215. Family childcare provider.
18.116.220. Conservation easements on
property adjacent to rivers and
streams-Prohibitions.
18.116.230. Standards for class I and 11 road
projects.
18.116.240. Protection of historic sites.
18.116.250. Wireless telecommunications
facilities.
18.116.260. Rock crushing outside the SM
zone.
18.116.270. Conducting filming activities in
all zones.
18.116.280. Home Occupations.
18.116.095. Recreational vehicle as a
temporary residence on an
individual lot.
A. A single recreational vehicle, as defined in
DCC Title 18, may be located on a lot or
parcel not containing a dwelling and used as
a temporary dwelling unit:
1. For a period totaling not more than 30
days in any consecutive 60-day period
without obtaining a land use permit from
the Deschutes County Planning Division;
or
2. For a total period not to exceed six
months in a calendar year by obtaining a
temporary use permit under the terms of
DCC 18.116.095 from the Deschutes
County Planning Division. A temporary
use permit may be renewed annually for
use of a recreational vehicle under the
terms of DCC 18.116.095 on the same lot
or parcel.
B. All necessary permits shall be obtained from
the Deschutes County Building Safety
Division before connecting a recreational
vehicle to sewer, water and/or electric utility
services.
C. A permit shall be obtained from the
Deschutes County Environmental Health
Division before disposing any wastewater or
sewage on-site.
D. A recreational vehicle used as a temporary
dwelling unit shall meet the same setbacks
required of a permanent dwelling on the
subject lot.
E. A recreational vehicle shall be fully licensed
and ready for highway use, on its wheels or
jacking system, shall be attached to the site
only by quick disconnect type utilities and
security devices, and shall have no
permanently attached additions.
(Ord.07-019 § 4, 2007; Ord. 98-062 §1, 1998;
Ord. 95-075 § 1, 1995; Ord. 91-038 § 3, 1991 )
PAGE 1 of 1 - EXHIBIT "D" TO ORDINANCE NO. 2007-019 (07/XX/2007)