2014-248-Ordinance No. 2014-009 Recorded 5/9/2014REVIEWED
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
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CLERKDS CJ 20j4'148
05/09/1014 03;00;04 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18 to Incorporate "Housekeeping" Changes that
Correct Errors and Provide Clarification of Existing
Regulations, Procedures, and Policies.
* ORDINANCE NO. 2014-009
*
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. TA -14 -1) to the Deschutes County Code (DCC) Title 18, Chapter 18.04,
Definitions; Chapter 18.80, Airport Development Zone; 18.110, Resort Community; and Chapter 116,
Supplementary Provisions to incorporate "housekeeping" changes correct errors and provide clarification of
existing regulations, procedures, and policies; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on February
27, 2014 and forwarded to the Deschutes County Board of County Commissioners ( "Board "), a
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on April 2, 2014, and
concluded that the public will benefit from the proposed changes to Deschutes County Code ( "DCC ") Title 18;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.04030, 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 str -i-kethrough.
Section 2. AMENDMENT. DCC 18.80.078, FAA Notification (Form 7460 -1), is amended to read as
described in Exhibit `B," attached hereto and by this referenced incorporated herein, with new language
underlined and language to be deleted in strilo3thretigh.
Section 3. AMENDMENT. DCC 18.110.020, Seventh Mountain/Widgi Creek Resort District, 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 str-iletlifeugh.
Section 4. AMENDMENT. DCC 18.116.240, Protection of Historic Sites, 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 strilethr-ough.
PAGE 1 OF 2 - ORDINANCE NO. 2014-009
Section 5. FINDINGS. The Board adopts as its findings Exhibit "E" of Ordinance 2014 -012 and
incorporated by reference herein.
Dated this of , 2014
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
i. 4oL
TAM BANEY, Cl a
ANTHONY DEBONE, Vice Chair
ALAN UNGER, Commissioner
Date of 1St Reading: 03/j -day of , 2014.
Date of 2nd Reading: day of , 2014.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger _
Effective date: � day of , 2014.
PAGE 2 OF 2 - ORDINANCE NO. 2014-009
" % % % %" Denotes portions of this Section not amended by Ordinance 2014 -009.
Section 18.04.030. Definitions.
"Incidental Horse events" means any exhibition or competition done in coniunction with the stabliniz or
training of horses i :ng bo ses the whose purpose of which is to test and /or advance the skills of a
horse and/or its rider, such as but not limited to exhibitions in connection with riding lessons
or training conducted on the premises, schooling events, horse training seminars or clinics, open houses,
or cutting competitions, redees or-jaelipet roV g ceps. "Incidental horse events" shall not include any
show, exhibition or competition that is commercial in character, that reauires entrance or admission fees
that are more than nominal fees, or that is recognized. sanctioned or endorsed by any aoverninfz body or
organization for eauine sporting events.
"Stabling or training equines" as used in the definition of "farm use" means the use of land incidental to
invelvin the pasturing, keeping, boarding, management or training of horses. For the purposes of this
definition, incidental horse events, as defined herein are deemed to be an incident of stabliniz or training
equines.
(Ord. 2014 -009 � 1, 2014, Ord. 2013 -008 § 1, 2013; Ord. 2012 -007 § 1, 2012; Ord. 2012 -004 § 1, 2012;
Ord. 2011 -009 § 1, 2011; Ord. 2010 -022 § 1, 2010; Ord. 2010 -018 §3, 2010, Ord. 2008 -007 § 1, 2008; Ord.
2008 -015 § 1, 2008; Ord. 2007 -005 § 1, 2007; Ord. 2007 -020 § 1, 2007; Ord. 2007 -019 § 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 113, 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 § § 1 and 2,
1992; Ord. 91 -038 § §3 and 4, 1991; Ord. 91 -020 §1, 1991; Ord. 91 -005 §1, 1991; Ord. 91 -002 §11, 1991;
Ord. 90 -014 §2, 1990; Ord. 89 -009 §2, 1989; Ord. 89 -004 §1, 1989; Ord. 88 -050 §3, 1988; Ord. 88 -030
§3, 1988; Ord. 88 -009 § 1, 1988; Ord. 87 -015 § 1, 1987; Ord. 86 -056 §2, 1986; Ord. 86 -054 § 1, 1986; Ord.
86 -032 §1, 1986; Ord. 86 -018 §1, 1986; Ord. 85 -002 §2, 1985; Ord. 84 -023 §1, 1984; Ord. 83 -037 §2,
1983; Ord. 83 -033 §1, 1983; Ord. 82 -013 §1, 1982)
Page 1 of 1- EXHIBIT A TO ORDINANCE NO. 2014-009
18.80.078. FAA Notification (Form 7460 -1).
A. Federal and State Notice.
Federal Aviation Regulation (FAR) Part 77 requires that anyone proposing to construct anything
which may obstruct the use of airspace by aircraft to provide a notice to that effect to the FAA. In
addition, OAR 738.070.0060 reauires notice also be sent to the Orelzon Department of Aviation..
Generally, construction proposals in the vicinity of airports may obstruct airspace. Notice to the FAA
and Oregon Department of Aviation is required for anything which may affect landing areas, either
existing or planned, which are open to the public, or are operated by one of the armed forces.
B. FAA Form 7460 -1 "Notice of Proposed Construction or Alteration" is the notification form. It is to be
submitted by the applicant directly to the FAA and Oregon Department of Aviation. Forms are
available from the Oregon Department of Aviation or the Northwest Regional Office of the FAA.
C. FAA Form 7460 -1 should be submitted if the proposed construction or alteration meets the following
criteria:
1. Anything over 200' AGL (above ground level at the site).
2. Proposals in the vicinity of an airport, if the proposal would be higher than a slope from the
nearest point on a runway and increasing its elevation at a ratio of.
D. For identification purposes, Deschutes County has established FAA Notification Areas around each
of the public use airports within Deschutes County. The boundaries of these areas are based on the
runway length. If a proposed construction project is located in one of these areas, the applicant shall
determine if the height of the proposed project will require FAA notification as per DCC
18.80.076(C). In Deschutes County, each of the public -use airports has a runway longer than 3,200
feet. Therefore, each FAA notification area includes all land within 20,000 feet of each airport's
runway(s), and the slope to be used is 100 to 1.
E. FAA notification is NOT required for any of the following construction or alteration:
1. Any object that would be shielded by existing structures of a permanent and substantial character
or by natural terrain or topographic features of equal or greater height, and would be located in
the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt
that the structure so shielded will not adversely affect safety in air navigation.
2. Any antenna structure of 20 feet or less in height except one that would increase the height of
another antenna structure.
3. Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or
meteorological device, of a type approved by the Administrator, or an appropriate military service
on military airports, the location and height of which is fixed by its functional purpose.
4. Any construction or alteration for which notice is required by any other FAA regulation.
(Ord. 2014 -009 U. 2014. Ord. 2001 -001 §2, 2001; Ord. 91 -020 §1, 199 1)
Page 1 of 1 - EXHIBIT B TO ORDINANCE NO. 2014-009
Proximity to
Slope
Longest Runway
Runway
> 3,200'
Within 20,000'
100 to 1
3,200' or less
Within 10,000'
50 to 1
For a Heliport
Within 5,000'
25 to 1
D. For identification purposes, Deschutes County has established FAA Notification Areas around each
of the public use airports within Deschutes County. The boundaries of these areas are based on the
runway length. If a proposed construction project is located in one of these areas, the applicant shall
determine if the height of the proposed project will require FAA notification as per DCC
18.80.076(C). In Deschutes County, each of the public -use airports has a runway longer than 3,200
feet. Therefore, each FAA notification area includes all land within 20,000 feet of each airport's
runway(s), and the slope to be used is 100 to 1.
E. FAA notification is NOT required for any of the following construction or alteration:
1. Any object that would be shielded by existing structures of a permanent and substantial character
or by natural terrain or topographic features of equal or greater height, and would be located in
the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt
that the structure so shielded will not adversely affect safety in air navigation.
2. Any antenna structure of 20 feet or less in height except one that would increase the height of
another antenna structure.
3. Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or
meteorological device, of a type approved by the Administrator, or an appropriate military service
on military airports, the location and height of which is fixed by its functional purpose.
4. Any construction or alteration for which notice is required by any other FAA regulation.
(Ord. 2014 -009 U. 2014. Ord. 2001 -001 §2, 2001; Ord. 91 -020 §1, 199 1)
Page 1 of 1 - EXHIBIT B TO ORDINANCE NO. 2014-009
18.110.020. Seventh Mountain/Widei Creek Resort District.
The following uses and their accessory uses are permitted subject to the applicable provisions of DCC
18.110.060:
A. Single- family dwelling.
B. Residential home.
C. Residential facility.
D. Timeshare units.
(Ord. 2014 -009 U. 2014: Ord. 2001 -048 §2, 2001)
Page 1 of 1- EXHIBIT C TO ORDINANCE NO. 2014 -009
18.116.240. Protection of Historic Sites.
Historic sites listed and described on the County's Goal 5 inventory, contained in the Resource Element of
the comprehensive plan, shall be protected or not protected in accordance with programs set forth in the
ESEE determinations for each individual site, adopted as part of the Resource Element of the
comprehensive plan and any comprehensive plan policies specifically applicable to the site, and as
specified in DCC Chanter 2.28, Historic Preservation and Historic Landmarks Commission. The uses
allowed and dimensional standards prescribed by the underlying zoning designations for designated
historic sites are not otherwise affected by the historic designation.
(Ord. 2014 -009 &4.2014, Ord. 94 -030 §1, 1994)
Page 1 of 1- EXHIBIT D TO ORDINANCE NO. 2014-009