2018-391-Ordinance No. 2018-005 Recorded 9/20/2018REVIEWED
LEG L COUNSEL
Recorded in Deschutes County CJ2018-391
Nancy Blankenship, County Clerk 0920/2018 12:01:25 PM
Commissioners' Journal
s;•`�a>�``�..'•`'2:`'.;"; � I I II � II'II II � II I II I I IIIII III
2018-391
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Title 18, Deschutes County Zoning, and
Title 23, the Deschutes County Comprehensive
Plan, Changing the Flood Plain Zone to a
Combining Zone and Incorporating Related Text
Amendments and Declaring an Emergency.
* ORDINANCE NO. 2018-005
WHEREAS, the Deschutes County Community Development Department (CDD) proposed a zone
change (file no. 247-17-000140-ZC) to DCC Title 18, Deschutes County Zoning Map, to change the Flood
Plain Zone from a primary zone to a combining zone; and
WHEREAS, as a related matter, the Deschutes County CDD initiated amendments (Planning
Division File No. 247 -17 -000141 -PA) to the Deschutes County Comprehensive Plan, Chapter 2, Resource
Management, Appendix B, Tumalo Community Plan, Appendix D, Newberry Country Plan, and Appendix
5.4, Newberry Country Zoning Map; and
WHEREAS, as a related matter, the Deschutes County CDD last initiated amendments (Planning
Division File Nos. 247 -17 -000142 -TA) to Deschutes County Code ("DCC") Title 18, County Zoning; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on April
13, 2017, and December 14, 2017, and forwarded to the Deschutes County Board of County Commissioners
("Board"), a recommendation of approval; and
WHEREAS, the Board considered these changes during a duly noticed public hearing on November
8, 2017; and
WHEREAS, the Board deliberated on the amendments on March 19, 2018, April 2, 2018, and
September 12, 2018, and concluded that the public will benefit from the proposed changes; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation
from Flood Plain ("FP") to Flood Plain Combining for certain property depicted on the maps set forth as Exhibit
"A", attached hereto and by this reference incorporated herein.
Section 2. AMENDMENT. DCC 23.01.010, Introduction, is amended to read as described in
Exhibit "B," attached hereto and by this reference incorporated herein, with new language underlined.
PAGE 1 OF 3 - ORDINANCE NO. 2018-005
Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 2, Resource
Management, 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-ikethr-eugh.
Section 4. AMENDMENT. Deschutes County Comprehensive Plan Appendix B, Tumalo
Community Plan, 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 str-ilethr-ough.
Section 5. AMENDMENT. Deschutes County Comprehensive Plan Appendix D, Newberry
Country Plan, is amended to read as described in Exhibit "E," attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in stfi�=.
Section 6. AMENDMENT. Deschutes County Comprehensive Plan Appendix 5.4, Newberry
Country Zoning Map, is amended to remove the Flood Plain ("FP") zone designation for certain property
depicted on the map set forth as Exhibit "F", attached hereto and by this reference incorporated herein.
Section 7. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5, Supplementary
Sections, is amended to read as described in Exhibit "G," attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in strik ugh.
Section 8. AMENDMENT. DCC 18.04.030, Definitions, is amended to read as described in
Exhibit "H," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stri'�=.
Section 9. AMENDMENT. DCC 18.12.010, Establishment of Zones, is amended to read as
described in Exhibit "I," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in str-ik�gh.
Section 10. AMENDMENT. DCC 18.61.030, La Pine Planning Area, is amended to read as
described in Exhibit "J," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strik gh.
Section 11. AMENDMENT. DCC 18.96.010, Purposes, 18.96.020, Designated Areas,
18.96.030, Uses Permitted Outright, 18.96.040, Conditional uses permitted, 18.96.070, Application for
Conditional Use, 18.96.090, Yard and Setback Requirements, and 18.96.110, Dimensional Standards, are
amended to read as described in Exhibit "K," attached hereto and by this reference incorporated herein,
with new language underlined and language to be deleted in sifi�=.
Section 12. AMENDMENT. DCC 18.113.060, Standards for Destination Resorts, is amended to
read as described in Exhibit "L," attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in stfi�=.
Section 13. AMENDMENT. DCC 18.116.260, Rock Crushing Outside the SM Zone, and
18.116.270, Conducting Filming Activities in All Zones, are amended to read as described in Exhibit
"M," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfi ethrough.
1H
PAGE 2 OF 3 - ORDINANCE NO. 2018-005
Section 14. AMENDMENT. DCC 18.124.030, Approval Required, is amended to read as
described in Exhibit "N," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in str-ik��,, thr--ugh.
Section 15. AMENDMENT. DCC 18.128.200, Cluster Development (Single Family Residential
Uses Only), and 18.128.210, Planned Development, are amended to read as described in Exhibit "O,"
attached hereto and by this reference incorporated herein, with new language underlined and language to
be deleted in strikes.
Section 16. FINDINGS. The Board adopts as its findings Exhibit "P", attached and incorporated
by reference herein.
Section 17. 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 becomes
effective 21 days after the date of adoption.
Dated this 0 of 2018 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
G.
, Vice Chair
v
ATT d TA Y EY, C
issioner
eCOrdlrig ecretary
Date of 1st Reading: day of 52018.
Date of 2nd Reading: day of 018.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Philip G. Henderson
Tammy Baney
Effective date: f day of kr , 2018.
PAGE 3 OF 3 - ORDINANCE NO. 2018-005
Deschutes County
Legend Flood Plain Combining Zone
Flood Plain index Ordinance 2018-005
State Highway Exhibit "A"
County Boundary
Unincorporated Community
0 2 a ���999��/// 12 1s
Urban Growth Boundary Miles
May 9, 2018
126
1
Terrebonne
2
3'4
20
370
242
Unincorporated Community Maps
Cit Of
-R
126
e
Sisters
5
6
7city
126
Terrebonne - Map 33
Eagle
of
Redmond
Tumalo - Map 34
Sunriver - Map 35
20
Pronghom
8 9 97
10
Tumalo
1'
11 12
13
��ty
of
Bend"
Tethero7
14�
15
372
20
97
Sunriverl
16
17
18
19
Caldera
/Springs
20
21
22
23 -
24
25
26
27
28
29
30
97`
City of
La Pine
31
32
Deschutes County
Legend Flood Plain Combining Zone
Flood Plain index Ordinance 2018-005
State Highway Exhibit "A"
County Boundary
Unincorporated Community
0 2 a ���999��/// 12 1s
Urban Growth Boundary Miles
May 9, 2018
d Flood Plain Combining Zone
egen
Index
EFUT[ � Tarte.... Sobzon.
uniccoNo.-commontly
;:- EFUTRe—1—d—Is—subzo�w
• Fbotl Phin Overley Zone
F1 � Forest Use 1
County Zoning%F2
F luae2
MU Mutliple Use Agnculluret
AOD Affietl Opem4om Dislnd
ASD-Ahation Soppod -In.
Ow- Open space & Corrserv.—
ASDRA-Aviation Supped DiI- Reserve Area
RI -Rurel lntlusVlel
ARID- Aviation --dlMus(nat D_,RC-Rural
Commoreiel
ARIDRA-Aviation Rusted lndusldal DisOkl Reserve Area
RRto-Karel Residential
SM sudau Minitg
EFUAL-Alht(n Subzone
EFUHR -H—Ridge Subzone
EFULA-La Pine S.-n."UAR10-Urban
EFULs-Loner Dndge Subzotw
FFUSC-SisterslClovertlele Subzone
-
SMURA-Sudvice-IN URA
Area --10 Acre Minimum
SR26- Restlenla 2.5 Acre Mnmom
Map 1 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2„ 2018
Led Flood Plain Combining Zone
gen
mde.
EFUTE - renebon� san:one
y� Unirwo,..Rd Community
,......':i EFUTRB- TumeldRedmoMlBerM Subzora
Fb dPbin Ovedey—
F1 -Forest Use1
C... ty Zan ng
Fz F rest uaez
UA O- Mulliplo U. AgdcotturoI
A? Itl Opemtlons Oistdq
ASD- Arition Suppod D,—t
os -Open Spa. B Conservation
ASDRA-Av.—Support Dis-t--k-
RI-Rumllndustdal
ARID -Aviation Relaletl lntlusrdel DisVkt
RC -Rural Commercal
ARIDRA-Aviation Related lnduslnel District Reserve Aree
RR10Rual Resitlenliol
EFUAL-Allalte Subzone
SM-Surtece Mining
EFUHR-Horse Ridge Subzono
SMURA-Surtece 16n URA
EFULA-La Pine Subzone
is UAR10-UNenArea Reserve-tOAcre Minimum
EFULB -lower Bdd0 Subzone
SR 2.5 -R --tial 2.5 AcreMrimum
"USC - SislerslCloverdele Sub—
Map 2 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
Flood Plain Combining Zone
Legend
Indo.
Tenebonn. Subzone
EFUTE --
y._unlrwomommd community
is
EFUTRB-TumelolRetlnroMreentl subxone
Flood Plein Ov.nay Zone
Ft - Forest Us. t
county zoning
eel uee2
ADD Ai -d Open . Dl.Ind
MUA 0 Multiple Use Agncutturel
ASD -Aviation Suppml Dislrel
OsBc - Open Space & Cmnerv.lion
ASDI2A-Av'.etbn Support Dlslnct Reserve Ar.ei
RI-0.uref lntlusinel
ARID- Avation Related l.-wl M11M
RC - Rural Commomi.l
ARIORA-Avetion Relel.d lnduslnel Oblrict R...
Are.
RRt0- Rural Residonliel
EFDAL-Alfelb Subz.n.
sM ---m
— Mining
EFUHR- Horse Ritlge Subzone
SMURA- Surface Mining URA
UAR10-Urban Area Reserve-tOAcle Minimum
EFULA-Le PimS-0-'
'. EFULB--, Bntlge Subzone
EFUSC - sislerslCl.—T. Sub—
SR 2.5- Resid.nt.125Acre Mnmum
Map 3 of 35
V '✓
0 0.25 0.5
Miles
May 2, 2018
ES
Legend Flood Plain Combining Zone
lndox EFUiE - Tertebonne Subzono
Unincorpomled Community F.FUTRB-TumalolRedmontl18eM Subzone
~• Ft .Forest Uso t
Flootl Pa n Overlay Zane
C unly Zoning rest Usa2
AOD Frf Id Op—b—DieInd MUA - Multiple Use Agn--p
qSD-Aviation Support Distnet OSBC- Open Space B Coreenation
ASDRA-Aratfon Support D'etrict Reserva Aree Ig,RI-Rural lndustrrel
ARID -Aviation Related lMustnal p'rslricf RC-Ruml Commem®I
A0.1DRA-AviaWn Heletetl lntlustnal Distrct Reurvo Area HR10-Rumlftesidontial
EFUAL-gllel(e Subrone SM -Surface Minitg
EFUHR -I—Ridge Subzone SMUM- Surface Mining URA
EfULA-Le Pm. Sub— "'`?UAR10-U—Area Reline-tOAcm Mlnlmum
[FULB L.., Bntlge S-.-SR25-Resitle Ie125 Acre Minimum
EFUSC- SisterslClovmtlale S -1 -
Map 4 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
Gr41l�n
Flood Plain Combining Zone
Legend
IMex
F.FUTE - Tepebonrre Subxonc
IY uIincorp—d community
•Flood Plein Overlay Zone
EFUTRB-TumalolRedmontllBeMSubzone
Ft - Faresl Usa 1
COenty Zoning
;`F —IU ax
AO AI-dOpemtiorw Dislria
UA O -Multiple Use AgncuXurel
Space. --l—
ASD-AW—SappodO tlml
AS--t— Support Dlslricl Roserve Area
OSBC-Open
rM,!ffil RI - Ru rel lndusbfal
RO-Rural Commercal
ARID -A M.. Releletl lMu-I Dstrict
ARIDRA-Aviation Related lMuslriel051ric1 Reserve Aroe
RR10 - Ruml Residontiel
SM Surtace Mining
EFUAL-Allslfe Subzone
EFUHR-Horse Rltlge Subzono
-
SMURA-Surface Mining URA
UAR1D-Urban Ama Reserve tOAcre Minimum
EFULA-La Pine Subzone
E,ULB -Lower dgeSubzone
EFUSG-SislarslCloverdale Subzono
SR 2.5- Residental 2,1Acre—i—
Map 5 of 35
V V
0 0.25 0.5 1 1.5
ensiRENiin Miles
May 2, 2018
0
I
1
N ON RD 1. F--
Id I -Mu
EMERALD VALLEY RDS ---- {�----(FADJUR.LN_
U
Z¢ _
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L__-_--�- 'CgSCgDE'ESTATES (� ._�--.:�
L m...
HF i 13 I Qt
HARRIN�ON LOOP, -4TH
AVft = FRYREAR.RANGH.RD.�
y_..,_ u SERENINIWAY�Ott...
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Z_F� LL r
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VARCOJRD % P,L•AINVIEW(RD BLAINV,IEWIRD
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Flood Plain Combining Zone
Legend
I�Mez
EFUTE - Tertebonne Subzone
Unincaryoreletl Community
EFUTRB-Tumelolfietlmontl/BeM Subzone
ti•
•Flood Plein Overlay Zone
Ft - Forest Use 1
Ceenly Zoning
12 Use
AOD Adleld Opemdons Dmtnet
MUA10 MUItIple Um Agnculluml
ASD - ANetion Support Di—t
_C � Open Space S Consen-alion
ASDM-Aviation SuppvR Dislnclftesarve Aree
� RI- R lntlustrial
ARID -Aviation Rvleled IMrrsl,ial Dislncl
0.0 -Rural Commam®I
ARIDRA-Aviation-1. trdustriel District Reserve A—RRt0-ftuml
Resitlenlial
-Attalla SUbzo�ro
EFUA'-
EFU In- Horse FnWne Subzone
IMSurface Mini,g
SMUM-Sadao Mini,g URA
EFULA to Pine —1—UAR10-
'.: EFULB-L.xer B.dtl Subzone
.._ EFUSC-Si--I—deleSab—
U— Aree Reserve 10 Acm Minimum
�: SR)Acre Mnmum
Map 6of35
V V
0 0.25 0.5 1 1.5
MMOSia Miles
May 2, 2018
Legend
more
IMexnincEFUTE -I
Terrebonne Subzone
y� Uoled Community EFU
TRB-TumalWRetlmondlBeM MSubione
•Food Plein Overlay Zone Ft - Forest Use 1
County Zoning Fz tUse2
A0D Arfaltl Opera4ore Distdc1 MUA10 Mnitiplo Usa Agdcubare
ASD-ANetan Support Distrkt Amiga OSSC � op. Spam B Conservation
ASDRA- ANallon Support District Raserve Arca RI -R—lntl t -I
ARID -Aviation ftalaled lndustnal Dis— RC -R—I Co—.1
ARIDRA-Avi—R-dl—ilial D—t Reserve Aree RR10-Rumlftesitlential
,FU AL . Agella Subzone SM - Surtece Mining
EFUHR- Horse R,dge —1.n. SMURA- SUrlace Minirg URA
EFDLA - la Pine Subione "UAR10-U-i,Aree Reserve-IOAcm Minimum
EFULB-L.., Bridge Sil,—n SR 2.5- ResNenti112.5AcreMi,.—
ENSC - SisterslClaverdele --,,
n—NW ATKINSONAVE� JN
' z NNW(-�ZAMW,
1 �NWNUCCAAVE-
I :RD',
i-
N�
Flood Plain Combining Zone
Map 7 of 35
0 0.25 0.5 1 1.5
Miles
May 2, 2018
yTY
OJ
CREEK
L d Flood Plain Combining Zone
.gen
IMex
EFUTE - Tertebonne Subzore
Unirkoryoreted Community
~•
EFUTRR-TumalolftednpMlBentl Subzone
Flootl Plain Oveday Zano
Ft -Forest Use 1
C..nty Zoning
est Use2
..,�, AOD—,.dOpem4ore Distdq
MUA10 MUlliplaUUABncuhuml
ASD -Aviation Support Dishkt
O88C- Open 5pace8Conurvalion
ASDRA- ANation Support Disbkt Reserve A—
RI-Rurellntlustnal
ARID- Avistlon Relatetl lntlustnal District
RC-RuralComma—
An--Avia—Relatetll--1 District Rourve A—
RR10- Rurel Reaidontiel
EFUAL -Alfalfa SUDzone
SM - SURace Minitg
EFUHR- Horse Rid, Subzone
EFULA-La Pine Subzone
SMURA-sU--IN URA
'' UAR10---Area Reu —DAcre Minimum
EFULB-Lo. Bndge S ---SR
EFUSC-SistemlCloveedele Subzone
2.5-Residon1e2 Acre M -um
Map 8 of 35
0 0.25 0.5 1 1.5
Miles
May 2, 2018
Tumall
Legend
Ind,
a
0
Flood Plain Combining Zone
Uninco,poratetl Community
EFUTR9,TumalollietlmoMldenO Subzone
Flood Plein Overlay Zone
Ft - Forest Usa t
COuny/Zoning
13 F tusa2
AOD —.f Id ODeret—Dmtdd
MUMulliDle Use A9dcuNurel
ASD-ANalbn Suppod District
OSBC - Open Spece & Consonalion
A-- Ahe— Support Disldot R --Area
�' RI-ftu,el lntluslnel
ARID--bn R.1—lMus IDislrkt
RC -Karel Commertiel
ARI--A-a .Rekted —t- Reserva A—
RR10-Karel Residential
EFUAL- 1111ubl-
SM - Surface Mining
EFUIIR- Horse RidOO S--
EFULA Ln Pm Subzone
SMURA- Sudaco Mining UPA
+UAR10-UNan Area Reserve 10 Acra Minimum
E,ULB-L.war Bdtlgo Subxono
EFUSC-Sisters/CloveNele S --
�. SR 5- Residen.a12.1 Acre.. -um
Map 9 of 35
V V
0 025 0.5 1 1.5
MOTE Miles
May 2, 2018
0
Flood
Plain Combining Zone
Legend
IMex
Ff TE Terzebonne Subzone
•urcnaomomlaa Community
EFUTRe T mafolRedmanJlBaM Subzo,re
Map 10 of 35
Flood P v n Overlay Zone
F Fse 1
c Dy zoning
F F Um2
OD Alfwld Opara4ons Dislnq
MUA10 M ipla UU Agncubural
ASD-ANalionsupI Dislrrl
OSSC- Open Spam& Conservelion
ASDRA A—— --5 O 1' R
;', RI Rurel Induslnel
ARID A' ed R lrM ID'
RC Rural CommeRal
�oYx 0
�jl\\\���555111�j ??? ns s
ARIDRA Ava— Reeled lnduslral D'siicl Reurve
Area RR10 Rural Restlenliel
P
EFUAL Alefta Sublane
SM S rte Mn,g
0
y,rc
0.25 0.5 1.5 no�.e ce.a.o v .w mappxca.
EFUHR Ho Ridge S-sMURA
S ceM ng URA
Miles -
EFULA-Le P ne Subzone
UAR10 UA Area R10—Minimum
EFULB- Lower Bndgo Subzono
.: SR 2.5- Resldenta12.5 Acre M mum
May 2, 2018
EFusc-smlers,em.Rmale sabzana
Flood Plain Combining Zone
Legend
EfUTE - Terzobonre Subzone
9Index
Unincorporataa Community
".: EFUTRB-TumeloReamond—dsubzono
i�
`Flootl Plain Overlay Zono
F1 -Forest Use i
County ZOnlg
F2 E at Use2
MUA-M1101eUUAgricuXural
Y`%AOD-AMId Operefioru D'alad
AS D-Ahelion8uppoM1Dm—
_C- I_ Space BConservelion
ASDRA--t.. Support Dislricl R.— A—
RI-Rurellntluslrlel
ARID - Avation R11 -d lnd t-1 — WRC
-Ruml c'--iAftIDRA-Avislion
Regaled lMusblel D'rs-t Reserve
Aree VM RR10-Rural Residenliel
SM Mining
EEUAL-Alklfe Subzone
EFUHR - horse Ridge Subzone
-Surface
SMURA- Surface Mining URA
IF -Le P.-Bubzore
kUAR10-Urban Ares Reserve 1 cre Mnimum
'. EFULD-Loxer Bridge Subzono
EFUSC - slatersfem—mala SO—
:: 8R25-Residen1a125 A --mum
Map 11 of 35
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May 2, 2018
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Flood Plain Combining Zone
Legend
nd,
ti• umnaotporetedco —ily ,.i,<o I.—-1 ......... --
Flood Plein Oveday Zone F1 - Fo,esl use t
County Zoning ,_ F2 :Forest usaz
.tea AOD-Aidleld OperafionsDWs MUOID- Iiplo Use Agnch-1
ASD-ANelion Suppod Dislrkl 0_ -Open SP -7
8 DonsorveliOn
ASORA-Anafion Su ft Oium, Reserve Aree $;'RI-R-1lndu—i
ARID-Aviatun Reteted lndusViel Dslrkl RC - Runt Co—W
ARIDRA- Aviation Related lMusl Dis—Reserve Aree RR10- Rorel Residential
FFUAL-Allslle Subzone SM - Surtace Mining
EFUHR - Ho Ridge Subzone SMURA- Sonata Mining URA
EFULA-La Pine S---?. UARtO- Urban Aree Reserve -10 Acre Minimum
EFULI-L,—, eddge Subzone SR26-Resta—.121 Acre Mlmlm
EFuse.siamBrclo,ardale seb:one
Map 12 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
0
L d Flood Plain Combining Zone
egen
IMex
EFUTE - Termbonne Subzone
unizorporeledcommunityEFDTRB-TumalolReamonalBentl
Subzone
•—d Plein Overlay Zone
Ft - forest Use 1
County ZOning
:: F2 F.— Use2
S AOD AI(ietl DpeletOm D'etdpl
M Multlpla Use AgncuMurel
ASD-Avielion Suppoll -1.1
OS&C - Op- Space & Conserrsllon
ASDRA-Av-n SdDi—t Reserve A—
RI - Rural lndus0ial
ARID -Aviation R.I. tl 1—n.1 D—RC-Rural
Commelc I
ARIOD A -A t.n Releled lMusinel Di—Roserve Area
RR10-Rural Residenliel
C:FUAL-Allalle Subzone
SM - Surtece MiniN
EFUHR- Horse Ridge Subzone
SMURA-suefeeo Mining URA
EFULA Le Pine Subzone
`.. UAR10-U—Alea R—. 10Acre Minimum
EFULB- Lower Bndge Subzone
sR25- Res',aanl el)SAcm Mnmum
EFUSC- SistalalCloveNalo S --
Map 13 of 35
V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
03
Flood Plain Combining Zone
Legend
IMex
EfUTE - Tertebonrre Subzone
Unincorporated Community
,U—
EFUTRB-TumalWRedmontllBerM Subzono
botl Plain Ovetlay Zone
-Forest Uso t
C Dnly Zoning
": fz F est usez
pF AOD ArrFetl ODemllons D'etnct
MUA Multiple Use AgncuXural
As -Analisn Support Disrmi
OSSC -Open SDece &Conservation
A6DRA-Ablation Suppan District Reserve Area
RI - Rural lntlusirial
ARID -Aviation Re-dl—triai Di—t
RC -Rural Commercial
ARID.-Avietron-10lntlustrial Disirkt Reservo I-
RRi0 � R— Resitlentiel
EFUAL-Alfaile Subzorre
SM-SuAace Mining
EFUHR-Horse Ritlge Subzono
EFULA-Le Pine Subzorre
E,ULB-L. war Bntlge 6ubzone
EFUSC-Sisters/CloveNale Subzono
SMURA-Sur(ece Minirg URA
_, VA ID Urban Area Reserve -10 Acre Minimum
-. SR 2.5- ResNenl e12.5 Acm M'nimum
Map 14 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
Mae .ono uryiy� me mrva�3
Flood
Plain Combining Zone
Legend -
Indo.
EFUTE - Tenabonne sabzoaa
�, Um oryomletlCommoniry
' Flood plan Overlay hire
EFUTHB-TumaolRed rend0eMSubzone
F1 F tUset
Map 15 of 35
C unty zoning
AIDAr<rld OperaCons Dis4id
rz F amsez
M-0 MUldple Use Agn-ft.,l
ASD-ANalion Support District
osSc- Open Space SCamerve,ion
AS--A-tion Support Dislnct Reserve Area
RI -fturel industrial
ARID -Aviation Reletetl lndusldel Dist`icl
RC -Rural Commemiel
I/V,/`rV,1
gRIDM Avmtion fteleled lnduslrie Oislnc ft
Arca RNR IRei donla
EFUALA IS Ie Subzone
SM Su—
rl — "S
0
0.25 0.5 7 7.5
EFURR �I—Ridgo Sub,.-
S.— decoM ,URA
ia MIIeS
EFULA La P'no Subzone=UAR10
UroenNea Reservo ,OAcm Minimum
EFULB-Lown Bdtlge Subzone
SR 2.S - Resid-iwi 25 Acro M'nmum
MaY 2, 2018
EFUSC-SisleralCloveNelo A--
Mae .ono uryiy� me mrva�3
Flood Plain Combining Zone
Legend
IrNex
EfUTE - Tertebonne Subzone
•Unixo�poretetl Communiy
L•
H-1-0 YZone
EFUTRB-TumalolftetlmorMNentl Subzono
Ft - Forest Use 1
CountyZoning
; F2 F Use2
AoD A Raltl OpereSam DLstnn
MUA O -Multiple Use Agnculmre
OS&C- Open Space B Cprrsery Wt
ASD-ANation Support Disliict
pSDM-ANatbn Suppod DisOictReserva Area
RI-0.umllntlustnel
RG Comrremml
ARID -Aviation -.1. lM nal U'nVkt
ARIDRA- Aviation Rokled 10-6a1 Di—t Resorve Area
-Rural
RR10- Rurel Residential
EFUAL-Alklla Subzone
EFUHR- I—Ridgo Subzone
EFULA- Le Pine Subzone
EFULB-Lower Bndga Sub�onc
EFUSC-SistcrzlCloveNalc Subzono
SM-Su�tace Mining
SMURA- Surface Mining URA
2 UAR10 - UNen Ama licserve- 10 Acie Minimum
SR 2.5- ResNenl al 2S Acre -1-1
Map 16 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
ES
Flood Plain Combining Zone
Legend
IMes
11 IUTertebonne Sobzono
y� Unincarporzletl Community
...... EFDiRO-TumalWRedmoMlBeM SO—
Flood Plein Overlay Zone
Ft-Forost Usal
C unty Zoning
-. F3 F stu—
.%AOU Aiff Itl OperaOons District
MU 0 Multiple Ux ABdcuXurel
ASD-AWelion Support District
OS8C- Open SpeceBCorrservelgn
ASDRH,—Iion Support Ui.- Reserve Aroa
�Rl-ftuml lntlustriel
RC Commercul
ARID- Aviation Related lMostdal District
ARIDM-Avation Rekled lMustnel DStrict Reserve
-Rural
Area RRt0- Rurel Residential
SM-Surtece Minirrg
EFUAL-Allalle Subzone
EFUHR-H.—Ridge Subzone
SMUIN-Surlaco Minirg URA
': UAfttO-UNen Area Rexrve-tOAcre Mnimum
EFULA-Le Pi- Subzono
EFULB- Lovrer Bridge Subzone
EFUSG � Sistors/CloreNelo Subzone
':' SR25- Residenlie 1.SAcreM'n—
Map 17 of 35
V l
0 0.25 0.5 1 1.5
Miles
May 2, 2018
Legend Flood Plain Combining Zone
I,Mox EFUTE - Tenebonne Subzone
y� Uninco,poreletl Community ': EFUTRB-lumalalRetlmondlBentl Subzone
F dPWn O—"Zone Ft -Forest Use1
C eDty ZonnB :':'F2 F IUse2
"qOD AFeltl OpemSore District MUAO Multple Use Agdcu11um1
ASD-Aretion SoppoA District OSBC- Open Space 6 Conservation
ASDRA-Aviation S0pp d Dmtkt Reserve Area ✓.' R1-Rum1 lndoslnel
ARID.- Aviation Reletotl lntlustdel Dislnd RC-ROml Comme,cal
ARIDRA-Aviation Rolatetl lndushial Dislnct Roserve Meet0-Roml Residential
EFUAL -A1111 1-01e SM - SOrlece Mining
EFUHR- Horse Ridge Subzone SMURA-Sw MninO -
III
EFULA-Le Pine Subzono '^i UARtO-UNan gree Roscrve tOAcre Minimum
EFULB-Lower BdtlOe Subzone Residonge125 Acre—i—
EFUSC - SisterslCloveMelo —A—
Map 18 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
Flood Plain Combining Zone
Legend
Index
EFUTEFUT- Tartetwnne Sabzorie
Unizoryomted Community
~F1
`FIooE
ERB-TumalolRedmo,gleend Subzone
Plein Ovedey Zone
-Forest Use 1
County Zoning
:: Fz F st usez
10 MullipleUU AgncuXural
='. AOD n -d0, atom —61t
ASD--Support-t-
OSSC-OpenSpamBCoree,v—
ASORA-ANelron Sa 1 Disbktfteservo Aree
Cv�.�v'4 R1 -Rural lnd—ol
ARID-AJretion Relaletl lntlustdel District
RC - Rare) Commercial
ARIDRA-Aviation Related l,dustdel Oistdcl Reserva Aree
RR10-Rami Resitlemiel
SM-Sudem Mlni,g
EFUAL-Nfalla Subzone
EFUHR- Norse Ritlge Subzone
EfULA - La Pine Subzone
III-Lovrer Bridge Subzore
_SC - BisleNCloverdele Subzone
SMURA- Sodace Mining URA
'UAR10-Urban Area Heurve-tOAcm Mnimum
SR 2.5-Re-ti.12.5Acre Mnmum
Map 19 of 35
0 0.25 0.5 1 1.5
Miles
May 2, 2018
Flood Plain Combining Zone
Legend
IntleK
EFUTE -.erten. Subzone
Unincomomlea Community
ti.
•f
TumalWRetlnronalReM
;. EF- Subzorro
UTRfI
lootl Plain Overlay Zotw
Ft - Forest Use 1
C.. "ty Zoning
AOD AR Ia OPae—Uiel,id
.. F2 F est uaez
MUA 0 -Multiple Use Agricullu,el
ASU- Aviation Support D.MW
ASDRA--tion Support U'—Reserve A,ee
OSSC- Open spa. d Coreervetion
RI- Rumllntlusbial
ARID- Aviation Relates lMustnel Dstrict
RC- Rural Commercial
ARIDRA- Aviatron Releletl lMuslsal Disbict Reserve
Area RR1O-Raul Residential
III AL- 11ISubzo1e
R.dge
SM-SURace Mlni�g
SMUIN Surlece MiningUM
EFUHR- Horse Subzone
EFULA -Le Pine Subzone
- .UAR10-UNe—Resene-tOAcre Minimum
[FILA- Lowe, esage Subzone
EFUSC-SisteNCloveNele S -.-
SR 2.5 Resitlenl alt v Acre Mnmam
Map 20 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
0
/ Surid,
See' Ma
L d Flood Plain Combining Zone
egen
Index
EFUTE - Tertebonne Sobzone
ti� Unincoryo,atetl Community
.:. EFUTRB-TurreldRetlmoMleoM Subzono
— phi. Plain Oveday zone
F1- Forest Uso l
COY RIy ZORIRQ
F2 ,—IUso2
AOD A'Reltl Opemdors Disvin
MUA Mulgplo Use A9^cuXurel
ASD-A'etion Soppi,,I-icm
OSSC Open SpaceB Conservation
AS ORA -Aviation SuppoR DislncLReserve AreaRI
-Ru,el lnduslnel
ARID-Avation Releled liMuslnel D's1nc1
RC-lio,el Commerc¢I
ARIDRA-Avmlion Related lntluslnal Dislnct Reserve Azoe
RR10-Rural Resitlentiol
SM-SURece Mlni,g
EFUAL-Allalfe Subzono
EFUHR-Horse Ridge Subzone
EFULALa Pine Subzone??UAR10-UrbanNeo
SMURA-s—MiniN URA
Resorve 10 Awe Minimum
EFULB-I.—Bndge Sobzone
EFUSC - s—,,/Olov—h --
Mnmom
Map 21 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
ES
T.20 R.16
Flood Plain Combining Zone
Legend
Intlex
EFUTE-Tenebonn. Subzone
•unirkorporerea community
A•
EFurfte-rnrsabzo„e
rarortxetlmonaiaana
Fbotl Plain Overlay Zone
F1- Foresl Use 1
COUnry Zoning
}F F est Usez
AOO A R,ela Operations Distad
MUA 0- Multiple UU Agaculruml
AS :-dSupped District
OS80- o_ spaceBConservation
ASDRA-Av-n suppoa Distad Reserve Area
r RI -Rural lntlusrriel
RG -Rural Gommerciel
ARID.AJ,ation Reletetl lntlustael District
ARIDRA-Aviation ftelelatl lntlustael Dislricl Reurvo Aree
RRto- Rural Resitlenlial
SM - Suaace Minirg
EFUAL-Alfalfa Subzone
EFUHR-Horse Ridge Subzone
SMU - Suaece Mining URA
EFULA — Pine Subzone
�: UAHto -Urban Area Reserve -10 Acro M'nimum
EFULR- Lover adage Sub—
EFUSC-SisterslCloverda�e Subzone
-.: SR 2.5-.--W15Acre Mri mum
R
Map 22 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2,2018
Legend Flood Plain Combining Zone
IntloK
EfUTE - Tortebonne Subzone
�� Unincorporeletl Community
FI.d Plein Overlay Zane
EFUTRB-TumelWRedmoMBerM Subzone
Ft - Forest Use 1
C..ny Zoning
Opem0o�—A,
-::
Fz-Forest usez
MUA10-Multiple Use A9douXuml
AOD-AiReltl
ASD-Ari—Support District
OSS. -O pen Space&Coreervetion
A7-ANetion Support Di— Reserve Area
RI - Rural lndusl,fel
ARID- Aviation Related —.1 District
RC -Rurel Com --1
ARIDRA-A tion Related lMusldal Disbiot Reservo A—
EFUAL-At(elfe Subzone
RRIO-Rural Residential
SM -Surface Mining
EFUHR -H—Ridge Subzone
[FULALe Pm. SubzoneUAR10-
EFULB- Lower Bridge Subzone
EFUSC- Siaters/.loverdelo S—. -
-'�SR25-Ros—twl-A—Minimum
SMURA-Sur(vcc Mini URA
Urban Area Roserve-10 Acre Minimum
Map 23 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
Legend
Irae.
T.20 -R.18
Brothers
Flood Plain Combining Zone
UmrrcZ.—d Community
EFUTRB - TUmalo/Re1-11Bentl Subzone
Lrr
FIooE Plein Ovvnsy Zone
Ft -Forest Use 1
COUnry Zoning
F r eel usez
MUA 0 -Multiple Use ABncuXuml
AOD AK- Operoliore Disbid
ASD- Aviation Support DW,kt
OSSC- Open Space B Conservstlon
ASDRA--tion Support D.—t Reservo Area
RI - Rural Ntlustrel
RC Commercial
ARID.Aviafionfteletetl lrMusViel Dislret
ARIDnA-Aviation Reh1e01--I Didnd Reserve Aree
-Karel
RRI0-Rural Residemiel
—AL -Alfalfa Subzone
SM - Su.. Mining
EFUHR-Horse-i Subzone
SMUNA- Surface Mining URA
EFULALe Pine Subzone
UAN10-Urban Aree Reserve 10Acry Minimum
EFULB-L—Bri Subzone
EFUSC -Sisters/Clovertlele Subzone
SR 2.0- ResNenl all I A— M'rimum
Map 24 of 35
V V
0 0.25 0.5 1 1.5
iiiiiiiia Miles
May 2, 2018
Flood Plain Combining Zone
Legend
I .
EFUTFTRR-Tertebonno Subzono
i.,poreletl Community
`F—
EFU-iumaldRedmoMlRend Subzone
Plain Oveday —
F1 - Forest Use i
County Zoning
:?:F I.-1 Use2
AOD-Ai-d Op -5—
- Multiple Use ABdcutturel
ASD-ANetion Support D-1
OSSC - Open Space 8 Consenalbn
ASDM-A-t—Suppod Dlst t0.eservo Area
RI-Raml lntlusl�iel
RC Rural Commertlal
A0.1D-Avation Related liMuslnel Dislncl
ARIUM-Avielion Rotated lndasMal Ui-1 RI,,. Area
EFUAL-Alrelle Subzono
-
Rft10-Rural Residonlial
SM-Surlace Mining
EFUHR- Homo Ridge Subzone
EFULA-L.- S--
; F.,ULO-L.., Riidge Subzono
EFUSC-Sis1eNCloveNelo S --
SMUM-Sudeco Mining URA
�':. UAR1O-U—Area Reservo-WAcre Minimum
-SR25- Residontal25 Acro Ml--
Map 25 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
Legend Flood Plain Combining Zone
IM.x EFUTE - Tenebonne Subzorw
�� •Unirrcoryomtetl Community EFUTR9-Tumel.IRetlmoMlBeM Subzone
Fbotl Plein Overlay Zorro Ft -Forest Uso t
CountyZoning
v. AOD Air(reltl Operetlons Urstri.l MUA M Itiple Use Agnc.h.,.l
ASD -A .—S.pp.rt-trot OSBC Open Space B C.—ti-
A—
S.Porl -- R-- A— �'`.;zs Rl
ARID -R.rellntl.slriel
-Aviation Relatetl lMustriel District RC -Rural Commercul
ARIDRA-Avo—Rei—lntl.alri.l District Reserve Area RR10-Rurel Resitlenliel
EFUAL-Allelle Subzone SM —.-M—,
.- Mining
EFUHR- Homo Ridge SO,—SMURA-S.tlace MiningUM
EFULA Le Pin. S.h— ':' UAR10-UAen Area Resene-tOAcre Minimum
- EFULB- Lown, Britlgo Subzone SR 2.5- ResH—..125 Acre M.—..
"USC -Sisters/Clovertleie SO—
Map 26 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
Le ORd Flood Plain Combining Zone
9
lade,
EFUTE - ranebpnpe spb:om
y� Unirlcorpomtetl Gpmmpniry
•
':
EFUTRB-TumelWRetlmoM@end Subzone
Flood Plain Overlay Zone
Ft -Forest Use 1
COUn{yZOning
F2 F Daez
AOD Ai—d OpereOons DislnU
MUAO M liple Um Agdcultural
ASD-Arelion Support Di—t
Open SpamBConsenetgn
ASORA-ANedon Suppod Oislrkt Reserve Aree
tN``��✓.lapv����t,OSSC-
�,tysp,Z
RI -Rural lndua I
ARID -Aviation Relstad Industrial District
RC � Rural Commemml
ARIDRA-Avietlon Related lMuslriel Disbiclfte—Aeee
tD-Buret Re d—tisl
EFUAL -AIIII 1"—,e
Ridge Subzone
SM- Surlam Mining
SMUNA-Burtece Mining UfiA
EFUHR-Horse
EFULA-Le Pine Subzone
„ EFULB- Loxer Britlge Subzone
PFUSC - siateratC—ale s„ b —
UAR10-Urban Area Reserve 10- Minimum
SR 2.5 Resitlenl e12.5 Acre Mnimum
Map 27 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
rtG1An
T21 R.16
1:1
Flood Plain Combining Zone
Legend
Intlea
EFUTE-Tenebonne Sabzone
Unincoryoreled Communiy
Ovetley Zone
,: EFUTRB-TumalWRednwntlBeM Subzoem
Ft F.Forest U.1
Fbod P6in
County Zoning
F Frest Use2
AOD Ai dope —1, District
VA O -Multiple VU Agncullurel
ASD-ANation SuppOd Disbicl
OSdC- Open Space B Coreervetion
AS— —d—SW DiidItt
RI R rel tntlusmal
ARID Avretion Releletl Intl D-
RC Rrel Commarcat
ARIORA Av al on Rented Indus ne Ostticl Reurve Area
Rft10 n Resdenla
EFUAL-Agatta Subzone
SM - Smfece M'n ig
SMUnA-S.—Minitg URA
EFUFIR- 11orse Ridge Subzone
EFULA-Le Pine Subzone
+: JAR 10 -U -,,Area Reurvo-1d Acro Mlnimam
EFULB-Li, Bndge Subzone
EFUSC - Siid-1ovetdale Subzone
+. SR2.5-ResNen1ia 25ACre Mnmum
Map 28 of 35
V V
0 0.25 0.5 1 1.5
ENOmmOMiles
May 2, 2018
T.21 R.17
T
of
Legend Flood Plain Combining Zone
lntlex
EFUTE - Terrebonne Subzam
y• Unircorporeted community
lood Plein Ovetley Zane
EFDTRD-TumeblRedmoMlReM subzone
F1 -Forest Use 1
Counry Zoning
rz Forest Use 2
%AOD-A'tfeld Opere—Dstnn
MUA10-Multiple Use AgncuXurel
ASD-Awetbn Support Distract
OSSC Open Sp 8Cotrserv—
AsDRA-A-t—Stq nD,—t Reserve Ate.
RI - Rumllndustrial
RC Commercul
ARID- Aviation Reloletl ltMtrstnel D¢t.t
ARIDM-Ava—Relatedl—t-I District Reserve Area
-Rural
RRt0-Rwelftesidemiel
SM-Surtece Mining
EFUAL- AI(elfe Subzaee
EFUFIR-Horse Ritlge subzone
SMURA- Surface Mining URA
EFULA
:. EFULe-Lower Sndge Subzone
EFUSC - Si—C—d.lo S -.-
UAR10-U—Area Reserve IDAcro Minimum
�;�: SR 2.5-R--t'e12.5 Acm M,-.
Map 29 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
caea G 5
w�mM`y res ^peke
nmy o1 eecom��u fg,rw pmun
Legend
tm�
Uninw
T.21 R.18
1:1
Flood Plain Combining Zone
S• o and Community
�fload-.
�ru,no ����w������„..,�...............
--y Zona
Ft -Forest Uset
COBRty Zon'ne
4 F at Use2
%AOD AR dOperebons Dim-
MUAO--hploUseAgncuK—
OsBc-Openspace8Gonserv—
A SD-ANetion SUppodnisvkt
ASDRA-Ar t—Sw nDis-Reserve Area
RI-RunitntlusOial
ARID-Avietbn Related tntlustnaf—Mt
RC - Runt CDmmemal
An-- Aviation Relatetl lMustdel Drsirkl Resene Area
- .- RunlftesideMiet
EFUAL-Al— subzonn
SM -s—.—EN
eFUHR-Horse Ridge Su--
EFULA to Pine S-.-
FFULB-Lo Bndge Sub—
epusc-staters,clo.emato s�b�ene
j.'¢:.
sMURA-s--Mining—
UAR1D-Urban Area Reserve-tDAare Minimum
SR 2.5-Residontel).OAcreMnim—
Map 30 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
Legend Flood Plain Combining Zone
l,dez
EFUTE - Terzebonne Subzone
Uninc0R b,d CommunityEFUTRB-TumeIWReCmontl/Bentl
• Flootl P- 0-1b,Y Zone
Subzone
Ft -Forest Use i
County zoning
i Fz r tuse2
AOD A Rreltl Opembom DieWd
-A10 Mulbpin DSe AgnGVXun1
ASD -Amman Sup Dislnnl
OS&C-Open Sp—&Conservelion
ASDRA-Av—nSu n-bkt Reserve A,oe
RI-Rumllntluslnel
Rum, Commemul
ARID-Avatgn Re—d lMusbiel Distncl
An --Aviation Re - ntl-1-1 emincl Reserve A—
RC -
RR1D-R-1 RCSitlenllel
EFUAL-Agage Subzone
SM - Su— Mining
EFUHR- Hone Ridge Subzone
SMDRA- Surface Mining URA
EFDLA Ln P'ne Sub—
10 Resorve-10—Minimum
!+, EFULD-Lo—Inntlge Subzone
,S SR 2.5- ResHenlo 25Acre M',imum
EFUSC-Sis1eNCloveMale Subzone
Map 31 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
Flood Plain Combining Zone
Legend
Inde.
EFUT[ - Terr¢bonne sub:¢¢¢
ti� UnincoryoreledCommuniry
•
EFUTRB-TumeldRedmontllBentl Subzone
".d Plain Overlay—
F1 Forest Use1
C only Zoning
j r2 F ¢st Use2
MUA -Multiple Use Agncuttursl
'+3 A Ai dOpmmbone—nct
ASD-Aviatgn Suppod Disbict
OS8C-Open Spero BConservelron
ASDRA- Avietbn Support Dlstd¢t Res¢rve Area
RI - Rurell¢dusblel
ARID -Aviation Relaletl lntlustnal0sbict
RC -Rural Commerviel
ARIORA-Aviation Reklatl lntlus(nal Dislncl Reservo Aree
-
RR10-Rural Residential
SM-S.—MWN
EFUAL-Alfalfa Subzone
EFUHR- Horse Ridge Subzone
SMURA-Sadao Mining URA
EFULA-La Pine Subzone
,+'UAR10-UrbenArea Reserv¢ tOAcre Mnimum
[FULB-Lo-8ndga Subzon¢
EFUSC-SisteNCloverdele Subzone
SR)5- Resgenla 25 Acr¢Mnmum
Map 32 of 35
V V
0 0.25 0.5 1 1.5
Miles
May 2, 2018
E/
Legend
:::Unincorporated Community
Flood Plain Overlay Zone
Terrebonne Zoning
TEC - Commercial
TER- Residential
TER5 - Residential 5Ac. Minimum
BE TECR - Commercial / Residential
Flood Plain Combining Zone
Map 33 of 35
V V
0 250 500 1,000 1,500
Feet
May 2, 2018
Legend
*Unincorporated Community
Flood Plain Overlay Zone
Tumalo Zoning
TUC - Commercial
TUR - Residential
T U R 5 - Residential 5 Acre Minimum
wM TURE - Research & Development
TUI - Industrial
Flood Plain Combining Zone
Map 34 of 35
� V
0 300 800 1,200 1,800
Feet
May 2, 2018
Legend
. Clillerporaled Community
Flood Plain Overlay Zone
Sunriver Zoning
SUA - Sunriver Airport
SUC - Survivor Business Park
sau SUC - Sunriver Commercial
SUGG -S'11 1111 G 'ty G neral
SUCL Sunr wa,C ty i
L' ced
SUCN S111ver Gommun ty Ne ghbd,he.d
SUCR - Sunriver Community Recreation
r,, SUF -Sunriver Forest
SURM - Sunriver Mulliplo Family Residential
.'SUR -Sunriver Resort
-: SURE -Sunriver Resort Equestrian
SURG - Sunriver Resod Goll C..rse
SURA - Sunriver Resod Marina
SURN - Sunriver Resort Nature Cents,
SURS - Survivor Single Family Residential
szx SUU - S. ndver Utility
Flood Plain Combining Zone
Map 35 of 35
V V
0 550 1,100 2,200 3,300
Feet
May 2, 2018
Chapter 23.01 COMPREHENSIVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003
and found on the Deschutes County Community Development Department website, is incorporated
by reference herein.
B. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2013-009, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2013-012, are incorporated by reference herein.
I. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2014-021, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2014-027, are incorporated by reference herein.
O. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2015-021, are incorporated by reference herein.
P. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2015-029, are incorporated by reference herein.
Q. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2015-018, are incorporated by reference herein.
R. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2015-010, are incorporated by reference herein.
S. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2016-001, are incorporated by reference herein.
T. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2016-022, are incorporated by reference herein.
U. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2016-005, are incorporated by reference herein.
V. The Deschutes County Comprehensive Plan amendments,
adopted by the Board in Ordinance
2016-027, are incorporated by reference herein.
Page I of 2 EXHIBIT "B" TO ORDINANCE 2018-005
W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-029, are incorporated by reference herein.
X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2017-007, are incorporated by reference herein.
Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-002, are incorporated by reference herein.
Z. The Deschutes County Comprehensive Plan amendments adopted by the Board in Ordinance
2018-005, are incorporated by reference herein.
(Q d_2018_005 �2, 201 b_Ord. 2018-002 §1, 2018; Ord. 2017-007 §1, 2017; Ord. 2016-029 §1, 2016;
Ord. 2016-027 §1, 2016; Ord. 2016-005 §1, 2016; Ord. 2016-022 §1, 2016; Ord. 2016-001 §1, 2016;
Ord. 2015-010 §1, 2015; Ord. 2015-018 § 1, 2015; Ord. 2015-029 § 1, 2015; Ord. 2015-021 § 1,
2015; Ord. 2014-027 § 1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006 §2,
2014; Ord. 2014-005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1,
2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012-013 §1,
2012; Ord. 2012-005 §1, 2012; Ord. 2011-027 §1 through 12, 2011; Ord. 2011-017 repealed;
Ord.2011-003 §3, 2011)
Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan)
Page 2 of 2 EXHIBIT "B" TO ORDINANCE 2018-005
seot%ov, 2.5 wooer R.esou.rces
Riparian Areas
Riparian areas are areas adjacent to rivers, streams, lakes or ponds where there is vegetation
that requires free or unbound water or conditions that are more moist than normal. Riparian
areas form an interconnected system within a watershed. At the water's edge they define the
transition zone between aquatic and terrestrial systems. Riparian areas often contain a diversity
of vegetation not found in upland areas. Riparian areas are limited in Deschutes County and are
important habitats for both fish and wildlife.
The Deschutes County Comprehensive Plan, adopted in 1979 and revised, mapped riparian
areas along the following rivers and streams.
Table 2.5.5 - Riparian Acreage in Deschutes County
Significant riparian habitat is located in one or more of the following three areas:
■ The area within 100 feet of the ordinary high water mark of an inventoried river or
stream. The 100 foot wide area may contain both riparian vegetation and upland
vegetation.
■ Wetlands and flood plain are also frequently within 100 feet of a stream or river. In some
cases the riparian vegetation may extend beyond 100 feet from the ordinary high water
mark if it is a designated wetland or flood plain.
■ The area adjacent to an inventoried river or stream and located within a flood plain
mapped by the Federal Emergency Management Agency and included in aze+ied Flood Plain
c r birlin Zoneb th r-,.". The flood plain may extend beyond 100 feet from the
ordinary high water mark of the stream and may contain wetland.
The County has not conducted an inventory of riparian areas adjacent to lakes and ponds on
private land. However, many of these areas are included in National Wetland Inventory Maps
and are subject to County, State and/or Federal wetland fill and removal regulations. Riparian
areas adjacent to the many lakes on federal lands are managed and protected under federal land
and resource management plans and are not included in the County inventory.
Floodplains
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 2 RESOURCE MANAGEMENT REFERENCES
EXHIBIT "C" TO ORDINANCE 2018-005
Federal Emergency Management Agency Maps
The Federal Emergency Management Agency (FEMA) maps flood -plains adjacent to the
following rivers and streams in Deschutes County. The floodplain along these rivers and
streams is recognized in a Flood Plain ._Combining Zzone by the County.
Table 2.5.6 - Floodplains Adjacent to Rivers and Streams
• Deschutes River
Long Prairie
• Little Deschutes River
Dry River
• Whychus Creek
Spring River
• Crooked River
Indian Ford Creek
• Paulina Creek
Source: Deschutes County GIS
Floodplains are defined as the lowland and relatively flat areas adjoining inland waters including
at a minimum, that area subject to a one percent (100 -year recurrence) or greater chance of
flooding in any one year. Generally, river flooding along the Deschutes River has not historically
been a serious problem in Deschutes County. This is due to the porous nature of the local
geology, irrigation diversion canals and reservoir retention. Studies completed by the U.S. Army
Corp of Engineers have resulted in designating a 100 year flood -plain for the Little Deschutes
River and Whychus Creek. Regular flooding events have occurred near the headwaters of
Tumalo Creek and in the Tumalo community. Along Whychus Creek, the city of Sisters
frequently experiences flooding, with the most significant event occurring in 1964 (see also
Section 3.5).
In 2018 Deschutes County amended its Flood Plain Zone to change it to a Combining Zone.
The purpose of the Combining Zone is to continued c rrrc t _. uh.lic health, s and general
welfare, and minimize losses, due tcflood _conditions in s eci is ares. It is designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money and costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines streets and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard sous to minimize future flood blight areas;
(7) Ensure that potential buyers are notified that property is in an area of special flood
hazard, and.
(8) Ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
The Combining Zone also rovides secondary_ks�rr r`i_is including ri riar�_ar a conservation
A, g..l rivers and strearns for fish and wildlife an -eser vation of si nificant scenic and natural
rgsOurees Comprehensive Dian_.DOlic:ies for Water- Resources(Section 2.51, Wildlife Resources
_tcticvn. 2.6).Q�� ?act anc epic Views, Vinci `sites Resources 2.7� end
cc r r s oncling clevelopmtnK
standards in Title_18_iirriDlerne pertaining to Goal 5.
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 2 RESOURCE MANAGEMENT REFERENCES
EXHIBIT "C" TO ORDINANCE 2018-005
Land Use Designations and Inventory
Deschutes County Comprehensive Plan designations identify general land uses for Tumalo and
provide the legal framework for establishing zoning districts. Zoning regulates land uses that
are allowed in each respective district. Table 4 lists Tumalo comprehensive plan designations
and corresponding zoning districts. Table 5 summarizes existing property inventories within
those zoning districts. Tumalo Comprehensive Plan designations are then described in greater
detail.
Table 4 - Tumalo Land Use Designations
Comprehensive Plan Designations
Zoning Districts
Commercial '(TUC)
Commercial District (TUC)
leedplain (FP4
TUC
Industrial (TUI)
Industrial District {TUI)
Research and Development (TUBE)
Research and Development District (TORE)
Residential (TUR)
Residential District (TUR)
Residential 5 Acre Minimum (TUR5)
Residential Five Acre Minimum District (TUR5)
Table 5 - Tumalo Land Use Inventory *
Zone
Residential
Units
Commercial / Industrial
Developments
Undeveloped
Parcels
Total Number
of Parcels
TUC
28
17
57
102
TUR
93
0
37
127
TUR5
75
0
27
99
TURE
0
2
1
3
TUI
0
2
1
3
Total
196
21
123
334
* Assessor's Data 2009
Commercial (TUCI. A "Commercial" designation allows a range of limited
commercial and industrial uses to serve Tumalo and the surrounding area.
In general, the designation extends north from the intersection of Cook
Avenue and U.S. 20 to 3' Street between Wood and Wharton Avenues.
Commercial lands also comprise an area west of U.S. 20 between 5`h and
8`h Streets.
This designation was originally intended to accommodate a mixture of small-scale commercial
and limited industrial uses. The core commercial area initially encompassed lands adjacent to
Cook Avenue, north of U.S. 20. The designation was ultimately expanded between Cook and
TUMALO COMMUNITY PLAN - 2010 TO 2030
EXHIBIT "D" TO ORDINANCE 2018-005
Wharton Avenues that extends south to U.S. 20. This area includes the "Tumalo Mall," an
existing commercial and retail complex. The use of this building received authorization as a
nonconforming use in 1986 and site plan alterations in 1987 and 1988. These land use actions
brought the uses into compliance with the commercial zone.
Industrial (TUI). An "Industrial" designation allows a limited range of industrial uses to serve
Tumalo and the surrounding area. The designation recognizes nonconforming industrial uses
and properties suitable for limited amounts of additional industrial development. This
designation is concentrated around the Knife River operation that fronts O.B. Riley Road and
U.S. 20.
Research and Development (TURE). A "Research and Development" designation allows
research and development facilities requiring a more rural, non -industrial location to be sited in
Tumalo. This designation contains two parcels in one ownership located on the southeast
slope of Laidlaw Butte. It was originally created to accommodate a research and development
site and associated uses predating Deschutes County's 1979 zoning ordinance.
Residential (TUR). A "Residential" designation allows a mixture of housing types and densities
suited to the level of available water and wastewater facilities. The purpose of this district is to
allow new residential development that is compatible with the rural character of the area.
Originally, the residential district boundary coincided with the boundary of the old Laidlaw Plat
including the Deschutes River Homesites plats between Riverview Avenue and the Deschutes
River. Today, it also includes the area surrounding the Knife River aggregate site south of U.S.
20.
Residential 5 -Acre (TUR -5). A "Residential 5 Acre Minimum" designation retains large rural
residential lots. The lands designated Residential -5 acre minimum include the larger parcels
east of the Deschutes River and the west slope of Laidlaw Butte.
A "Flood Plain Combining _Zone" provides additional regulations to promote public health safety,
and general welfare and minimize losses due to flood conditions in specific areas. The
Combining Zone &sg_provides secondary benefits including riparian area conservation along
rivers and streams for fish and wildlife and preservation of significant scenic and natural
resources Refer to Section 2.5 of the Comprehensive Plan for more details.
TUMALO COMMUNITY PLAN - 2010 TO 2030
EXHIBIT "D" TO ORDINANCE 2018-005
PoU'cU Topics
Land Use Designations
Land Use is governed by 19 Statewide Planning Goals, but particularly Goal 2, Land Use
Planning. Refer to the Deschutes County Comprehensive Plan Section 1.3 for further details.
Deschutes County Comprehensive Plan designations identify general land uses and provide a
legal framework for establishing zoning districts. Zoning regulates land uses that are allowed in
each respective district with development standards. Table 4 lists the predominant
comprehensive plan designations and corresponding zoning districts for South County. Table
5 shows the acreage associated with the districts.
Table 4 - South County Area Land Use Designations
Comprehensive Plan Designations
Zoning Districts
Agricultural
Exclusive Farm Use Zone
Destination Resort
Destination Resort Overlay Zone
€leedplain ene
Forest
Forest Use I & 2 Zone
Open Space and Conservation
Open Space and Conservation Zone
Rural Commercial
Rural Commercial Zone
Rural Residential Exception Area
Rural Residential 10 Zone
Surface Mining
Surface Mining Zone, Impact Combining Zone
Unincorporated Community
Unincorporated Community= Rural Service Center
OtherRelevant Districts
Landscape Management Combining Zone
Wildlife Area Combining Zone
Flood Plain Combining Zone
NEWBERRY COUNTRY: A PLAN FOR SOUTHERN DESCHUTES COUNTY
EXHIBIT "E" TO ORDINANCE 2018-005
Table 5 - South County Zoning District & Associated Acreages
Zoning Districts I Acres 2 Percent 3
Exclusive Farm Use La Pine 5,706 3%
Forest 1
135,827
76%
Forest 2
4,392
2%
Open Space and Conservation
8,979
5%
Rural Residential 10
17,596
10%
Other (Unincorporated Community, Surface Mining, Rural Commercial)
149
0%
Total
177,623
100
Overlay and Combining Zones
Wildlife Combining
99,655
56%
Destination Resort Overlay
2,000
1
Landscape Management Combining
8,274
5%
rl__,a oi-.;- i Y,. ti;,;,,rt
4.974
3%
1 Zoning districts, combining and overlay zones exclude Sunriver and La Pine
2 Acres include roads, right -of way, lakes, rivers
3 Rounding may not add to 100%
Described below in greater detail are South Deschutes County's Comprehensive Plan
designations.
An `Agricultural Lands" designation and EFU zone protects farmlands
in Deschutes County pursuant to Statewide Planning Goal 3
(Agricultural Lands). As discussed in the Agricultural Lands Section
of the Comprehensive Plan, protecting agriculture is one of the
primary goals of the Oregon land use system. A 1992 study
identified seven agricultural subzones. For each subzone, standards
determine minimum parcel sizes for farm divisions to protect the commercial agricultural land
base. The subzone applicable to south Deschutes County is EFU - La Pine (EFULP). Its
specifically noted for riparian meadows, grazing and meadow hay. The minimum acreage for
this subzone is 37 irrigated acres. Refer to Section 2.2 of the Agricultural Lands section of the
Comprehensive Plan for more details.
Statewide Planning Goal 8, the recreation goal, was amended
in 1989 to specify a process for locating destination resorts
on rural land without taking an exception to Goals 3, 4, 11
and 14. This was followed by legislation incorporating Goal 8
into Oregon's land use statutes. By these actions, the State
of Oregon recognized destination resorts as a legitimate rural land use. In order to allow
destination resorts, Goal 8 requires that Deschutes County adopt a "Destination Resort" map
NEWBERRY COUNTRY: A PLAN FOR SOUTHERN DESCHUTES COUNTY
EXHIBIT "E" TO ORDINANCE 2018-005
showing which lands are eligible for destination resort development.
Although a property is mapped as eligible for a destination resort, a destination resort may
not be permitted outright in that location. In order to be approved, a proposal for a resort
must be processed as a conditional use and comply with the specific standards and criteria
established by the county. In 2010, the Board of County Commissioners adopted new criteria
and procedures for updating its Destination Resort Maps. One year later the Board officially
updated them. In south Deschutes County, 573 properties, encompassing 2,000 acres are
designated as eligible for siting a destination resort. Refer to Section 3.9 of the
Comprehensive Plan for more details.
Maintaining strong protections for forest land is another primary goal
of the Oregon land use planning system. Statewide Planning Goal 4 sets
forest identification and protection standards which must be met by
local governments. The Goal requires forests to be designated on a
comprehensive plan as "Forest Lands" and protected primarily for the
growing and harvesting of trees. The key concept is local governments
must inventory forest lands and protect them through local regulations.
In 1992, as part of State mandated Periodic Review, Deschutes County revised its forest
designations and associated regulations to two (F -I and F-2). As shown in Table 5, the vast
majority of lands in South County are zoned for forest uses. Refer to the Section 2.3 of the
Comprehensive Plan for more details.
NEWBERRY COUNTRY: A PLAN FOR SOUTHERN DESCHUTES COUNTY
EXHIBIT "E" TO ORDINANCE 2018-005
An "Oben Space and Conservation" designation protects
views either through the Landscape Management
Combining Zone or Open Space and Conservation
Zone. Open spaces are generally undeveloped areas
that are being maintained for some other purpose,
such as parks, forests or wildlife habitat. Besides the value that stems from the primary use of
the land, open spaces provide aesthetically pleasing undeveloped landscapes. Because these
areas are undeveloped they also provide additional benefits such as water recharge and safety
zones from natural hazards like flooding. Refer to Section 2.7 of the Comprehensive Plan for
more details.
The majority of private land in South County is designated "Rural Residential Exception Area."
Rural Residential Exception Areas and corresponding Rural Residential (RR -10) zone are so
named because the County had to follow a process under Statewide Goals 2, 3 or 4 to explain
why these rural lands were excepted from State farm or forest designations. The minimum lot
size for new subdivisions in the RR -10 zoning district is ten acres. Refer to Section 3.3 of the
Comprehensive Plan for more details.
Besides the above designations there are other Comprehensive Plan and Zoning Districts
relevant to south Deschutes County. "Unincorporated Communities" include "Rural Service
Centers." pre-existing areas of minor commercial and residential development. The "Surface
Mining" designation provides regulations for non-renewable resources, such as pumice,
cinders, building stone, sand, gravel and crushed rock. The "Rural Commercial' designation
refers to areas of pre-existing commercial development that do not meet the standards for
Rural Service Centers. Refer to the Sections 2.10, 3.4, and 4.8, of the Comprehensive Plan for
more details. There are also a number of overlay or combining zones. The "Wildlife Combining
Zone" provides additional regulations to protect deer migration corridors and elk habitat.
Limits are placed on fencing, building location, and new subdivisions. The "Landscape
Management Combining Zone" provides additional regulations to protect viewsheds from
development along rivers and certain roads. Refer to Sections 2.6, 2.7, and 3.9, of the
Comprehensive Plan for more details. The "Flood Plain Combining Zone" provides additional
regulations to promote public health safety, and general welfare and minimize losses due to
flood conditions in specific areas The Combining Zone provides secondary benefits including
riparian area conservation along rivers and streams for fish and wildlife and preservation
significant scenic and natural resources Refer to Section 2.5 of the Comprehensive Plan for
more details.
NEWBERRY COUNTRY: A PLAN FOR SOUTHERN DESCHUTES COUNTY
EXHIBIT "E" TO ORDINANCE 2018-005
Appendix 5.4 - Zoning 4
97 31
s=
Klamath County
Legend
Zoning Designations
Exhibit "F"
Newberry Country
EFU-La Pine Subz me
--r— Railroad
_._
Care was taken. the claim, 1 tha map bull 5 pl0d,a]-is' Deschutes County
cop, any resp.. 1ityt s or pos tonal accu2cy m Me d ghat
a.,. of tho uad.,Iyng almda.Th ranlbs, exprass.r'm pied ncludhg tho
F1 - Forest Use 1
® State Highway
yx..r
Haaewr not rcal.n of any — wA be appmciaiad,
May % 2018
r
•
v Rivers & Lakes
Unincorporated Community
? C
-gy••w
RR10 - Rural Residential 10 Acre Minimum
••� La Pine City Limit
c
A0,
SOS
GSRI-
a
i
i
Lake Rd
paulma
k
u� La Pine
a
6th St E
Finley Butte Rd
t pyt
i
• Masten Rd
�i
97 31
s=
Klamath County
Legend
Zoning Designations
Exhibit "F"
Newberry Country
EFU-La Pine Subz me
--r— Railroad
_._
Care was taken. the claim, 1 tha map bull 5 pl0d,a]-is' Deschutes County
cop, any resp.. 1ityt s or pos tonal accu2cy m Me d ghat
a.,. of tho uad.,Iyng almda.Th ranlbs, exprass.r'm pied ncludhg tho
F1 - Forest Use 1
® State Highway
Haaewr not rcal.n of any — wA be appmciaiad,
May % 2018
F2 - Forest Use 2
v Rivers & Lakes
Unincorporated Community
OS&C- Open Space & Conservation
-gy••w
RR10 - Rural Residential 10 Acre Minimum
••� La Pine City Limit
SM - Surface Mining
Ordinance 2018-005
Exhibit "F"
Newberry Country
DISCLAIMER.
Tho inlmma(on on th s rmp-1 d1n .d tam ft tal da,ahases oa Da—m-CmmmY1 -.Is,
Care was taken. the claim, 1 tha map bull 5 pl0d,a]-is' Deschutes County
cop, any resp.. 1ityt s or pos tonal accu2cy m Me d ghat
a.,. of tho uad.,Iyng almda.Th ranlbs, exprass.r'm pied ncludhg tho
mnty at amlhmnlabty or fitness for a ma.m, par . accom panying,his padud.
Haaewr not rcal.n of any — wA be appmciaiad,
May % 2018
Background
This section contains the legislative history of this Comprehensive Plan.
Table S.I I.1 Comprehensive Plan Ordinance History
Ordinance
Date Adopted/
Chapter/Section
Amendment
Effective
All, except
Transportation, Tumalo
and Terrebonne
2011-003
8-10-1 1/ 1 1-9-1 1
Community Plans,
Deschutes Junction,
Comprehensive Plan update
Destination Resorts and
ordinances adopted in
2011
2.5, 2.6, 3.4, 3.10, 3.5,
Housekeeping amendments to
2011-027
10-31-11/11-9-11
4.6, 5.3, 5.8, 5.11,
23.40A, 23.40B,
ensure a smooth transition to
the updated Plan
23.40.065, 23.01.010
23.60, 23.64 (repealed),
Updated Transportation
2012-005
8-20-12/11-19-12
3.7 (revised), Appendix C
System Plan
(added)
La Pine Urban GrowthBoundary
2012-012
8-20-12/8-20-12
4. I , 4.2
Housekeeping amendments to
2012-016
12-3-12/3-4-13
3.9
Destination Resort Chapter
Central Oregon Regional
2013-002
1-7-13/1-7-13
4.2
Large -lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment, changing
designation of certain
2013-009
2-6-13/5-8-13
1.3
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
Amendment, including certain
2013-012
5-8-13/8-6-13
23.01.010
property within City of Bend
Urban Growth Boundary
Newberry Country: A Plan
2013-007
5-29-13/8-27-13
3.10, 3.1 1
for Southern Deschutes
County
Page I of 4 - EXHIBIT "G" TO ORDINANCE 2018-005
Page 2 of 4 - EXHIBIT "G" TO ORDINANCE 2018-005
Comprehensive Plan Map
2013-016
10-21-13/10-21-13
23.01.010
Amendment, including certain
property within City of Sisters
Urban Growth Boundary
Comprehensive Plan Map
2014-005
2-26-14/2-26-14
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2014-012
4-2-14/7-1-14
3.10, 3.1 1
Housekeeping amendments to
Title 23.
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/11-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/11-2S-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
2014-027
12-15-14/3-31-15
23.01.010, 5.10
designation of certain
property from Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2015-021
11-9-15/2-22-16
23.01.010
designation of certain
property from Agriculture to
Surface Mining.
Comprehensive Plan Map
Amendment, changing
2015-029
11-23-15/11-30-15
23.01.010
designation of certain
property from Tumalo
Residential 5 -Acre Minimum
to Tumalo Industrial
2015-018
12-9-15/3-27-16
23.01.010, 2.2, 4.3
Housekeeping Amendments
to Title 23.
Page 2 of 4 - EXHIBIT "G" TO ORDINANCE 2018-005
Page 3 of 4 - EXHIBIT "G" TO ORDINANCE 2018-005
Comprehensive Plan Text and
Map Amendment recognizing
2015-010
12-2-15/12-2-15
2.6
Greater Sage -Grouse Habitat
Inventories
Comprehensive Plan Map
Amendment, changing
designation of certain
2016-001
12-21-15/04-5-16
23.0 1.010; 5. 10
property from, Agriculture to
Rural Industrial (exception
area)
Comprehensive Plan
Amendment to add an
exception to Statewide
2016-007
2-10-16/5-10-16
23.01.010; 5.10
Planning Goal I I to allow
sewers in unincorporated
lands in Southern Deschutes
County
Comprehensive Plan
Amendment recognizing non -
2016 -005
11-28-16/2-16-17
23.01.010, 2.2, 3.3
resource lands process
allowed under State law to
change EFU zoning
Comprehensive plan
Amendment, including certain
2016-022
9-28-16/11-14-16
23.01.010, 1.3, 4.2
property within City of Bend
Urban Growth Boundary
Comprehensive Plan Map
Amendment, changing
2016-029
12-14-16/12/28/16
23.01.010
designation of certain
property from, Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
designation of certain
2017-007
10-30-17/10-30-17
23.0 1.010
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan
Amendment permitting
2018-002
1-3-18; I-25-18
23.01, 2.6
churches in the Wildlife Area
Combining Zone
Page 3 of 4 - EXHIBIT "G" TO ORDINANCE 2018-005
Page 4 of 4 - EXHIBIT "G" TO ORDINANCE 2018-005
Comprehensive Plan Map
Amendment, removing Flood
Plain Comprehensive Plan
23.01.010, 2.5, Tumalo
Community Plan,
Designation; Comprehensive
2018-005
5-9-18/5-30-18
Plan Amendment adding Flood
Newberry County Plan
Plain Combining Zone
purpose statement.
Housekeeping Amendments
correcting tax lot numbers in
Non -Significant Mining Mineral
2018-006
7-23-18/7-23-18
23.01.010, 5.8, 5.9
and Aggregate Inventory;
modifying Goal 5 Inventory of
Cultural and Historic
Resources
Page 4 of 4 - EXHIBIT "G" TO ORDINANCE 2018-005
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
18.04.030. Definitions.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any
given year. Also referred to as the "100 -year flood " Designation on flood plain maps always
includes the letters A or V.
"Base flood elevation" means the computed elevation to which floodwater is anticipated to rise
during the base flood Base Flood Elevations (BFEs) are shown on Flood Insurance Rate Maps
(FIRMS) and on the flood profiles.
"Below grade crawl space" means an enclosed area below the base flood elevation in which the
interior grade is not more than two feet below the lowest adjacent exterior grade and the height,
measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not
exceed 4 feet at any point.
"Critical facility" means a facility for which even a slight chance of flooding might be too great.
Critical facilities include but are not limited to, schools nursing homes hospitals,r)ohce, fire and
emergency response installations, aiid_installations which produce, use or store hazardous materials
or hazardous waste.
"Flood Insurance Rate Map (FIRM)" is the official map on which the United States Federal
Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community. The FIRM is adopted by reference in Ordinance No.
98-031-2007-019.
"Flood Insurance Study" is the official report provided by the Federal Insurance Administration that
includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the
base flood condition of partial or complete inundation of normally dry land areas. The Study is
adopted by reference in Ordinance No. 9-0312007-019.
,,Flood piain" nieafls the area adjoining a sti-eaffl that is subjeet to iaidndatian by the base f4eed
diseh Fge that is outs -We the fleodwa�-
"New construction" means any structure for which the start of construction commenced on or after
the effective date of Ordinance PL -15. For purposes of the Flood Plain Combining Zone (FP), "new
construction" means any structure for which the start of construction commenced on or after the
date of adoption of the amendments to the Flood Plain Zone in Ordinance No. 88-030.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
"Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost
of which equals or exceeds 50 percent of the true cash value of the structure either:
A. Before the improvement or repair is started; or
B. If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition, "substantial improvement" is considered to occur when the first
Page 1 of 2_EXHIBIT "H" TO ORDINANCE 2018-005
alteration of any wall, ceiling, floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
h..., eves. :,elude either-;
The term does not, however, include either:
A Any project for improvement of a structure to comply with existing state or local health,
sanitary or safety code specifications which are solely necessary to .assure safe hVing
conditions; or
B Any alteration of a structure listed on the National Reyister of Historic Places or a State
Inventory of Historic Places.
(Ord. 2018-005 M 2018; Ord. 2017-015§1, 2017; Ord. 2016-026§1, 2016; Ord. 2016-
015§1,
016-
015§1, 2016; Ord. 2015-004 §1, 2015; 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. Chapter 18.04 35 ( 04/2015) 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 §§l, 2, 3, 4, 5, 6, 7 and 8, 1994; Ord. 94-001 §§l, 2, and 3, 1994; Ord. 93-
043 §§1, IA and IB, 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 2 of 2 EXHIBIT "H" TO ORDINANCE 2018-005
Chapter 18.12. ESTABLISHMENT OF ZONES
18.12.010. Establishment of Zones.
For the purpose of DCC Title 18, the following primary zones, combining zones, subzones and
unincorporated community zone districts are hereby established:
A. Frimary Gones.
Abbreviations
Primary Zones
Abbreviations
Airport Development
AD
Exclusive Farm Use Zones
EFU
T: D
Wood Plain
Forest Use
F 1
Forest Use
F2
Multiple Use Agriculture
MUA10
Open Space and Conservation
OS&C
Rural Commercial
RC
Rural Industrial
RI
Rural Residential
RRI O
Surface Mining
SM
B. Uombining Gones.
Abbreviations
Combining Zones Abbreviations
Airport Safety
AH
Conventional Housing
CH
Destination Resort
DR
Landscape Management
LM
Limited Use
LU
Sensitive Bird & Mammal Habitat
SBMH
Surface Mining Impact Area
SMIA MIT; Id1:Re- A..ea
Wildlife Area
WA
Flood Plain
FP
Exclusive Farm Use Subzones
Abbreviations
Alfalfa
EFUAL
Horse Ridge East
EFUHR
La Pine
EFULA
Lower Bridge
EFULB
Sisters/Cloverdale
EFUSC
Terrebonne
EFUTE
Tumalo/RedmondBend
EFUTRB
D. Unincorporated Community Zones.
1 La Pine Urban Unincorporated Community.
La Pine Planning Area Abbreviations
Commercial District LPC
Community Facility District LPCF
Community Facility Limited District LPCFL
Page l of 4 EXHIBIT "I" TO ORDINANCE 2018-005
Flood Plain District
LPFP
Industrial District
LPI
Business Park District
LPBP
Residential District
LPR
Sewer Treatment District
LPST
Neighborhood Planning Area Abbreviations
Neighborhood Community Facility
LPNCF
Neighborhood Community Facility
LPNCFL
Limited
SUFP
Neighborhood Commercial
LPNC
Neighborhood Park
LPNPK
Neighborhood Open Space
LPNO
Neighborhood Residential Center
LPNRC
Neighborhood Residential General
LPNRG
Wickiup Planning Area Abbreviation
Wickiup Commercial/Residential
LPWCR
2. 5unnver Urban Unincorooratea uommum
Sunriver Districts Abbreviations
Airport District
SUA
Business Park District
SUBP
Commercial District
SUC
Community General District
SUCG
Community Limited District
SUCL
Community Neighborhood District
SUCN
Community Recreation District
SUCR
Flood Plain Combining District
SUFP
Forest District
SUF
Multiple Family Residential District
SURM
Resort District
SUR
Resort Equestrian District
SURE
Resort Golf Course District
SURG
Resort Marina District
SURA
Resort Nature Center District
SURN
Single Family Residential District
SURS
Utility District
SUU
Page 2 of 4 EXHIBIT "I" TO ORDINANCE 2018-005
3. Terrebonne Kural Uommunity.
Terrebonne Districts
Abbreviations
Commercial District
TeC
Commercial -Rural District
TeCR
Residential District
TeR
Residential -5 acre minimum
District
TeR5
4. lumaloKuraluommunity.
Tumalo Districts Abbreviations
Commercial District TUC
Flood Plain Distriet
Residential District TuR
Residential -5 acre minimum
District TuR5
Research & Development District TuRE
S Rrnrnl CPrviCe f'Pnter
Commercial/Mixed Use Districts
Brothers, Hampton, Millican, Whistlestop, Wildhunt RSC-C/M (B,H,M,W,W)
Alfalfa RSC-C/M (A)
Alfalfa Residential RSC-R(A)
Brothers Open Space RSC -OS
6. Black Butte Ranch Resort Communi
Black Butte Ranch District Abbreviations
Resort District BBRR
Surface Mining District/Limited Use BBRSM
Utility District/Limited Use BBRU
7 Inn of the 7h Mountain/Widgi Creek Resort Community
Inn of the 71' Mountain/ Widgi Creek District Abbreviations
Resort District SMWCR
Widgi Creek Residential District WCR
(O.
rd2018-005 �9, 2018; Ord. 2008-017 § 1, nuts, ura. 2-mo-uuis �z, zuuo; Ura. 2_065-0 10 Si, 2663, Old.
2002-019 §1, 2002, Ord. 2002-001, §1, 2002, Ord. 2001-048 §4, 2001, Ord. 2001-044 §2, 2001; Ord. 98-
063 §2, 1998; Ord. 96-003 §4, 1996; Ord. 92-025 §5, 1992)
18.12.040. Zone Boundaries.
Unless otherwise specified, zone boundaries are section lines, subdivision lines, lot lines, center lines of
street or railroad rights of way, water courses, ridges or rimrocks, other readily recognizable or identifiable
natural features, or the extension of such lines. In case of any dispute regarding the zoning classification of
property subject to the County code, the original ordinance with map exhibit contained in the official county
records will control. Whenever uncertainty exists as to the boundary of a zone as shown on the zoning map
or amendment thereto, the following rules shall apply:
A. Where a boundary line is indicated as following a street, alley, canal or railroad right of way, it shall be
construed as following the centerline of such right of way.
B. Where a boundary line follows or approximately coincides with a section lines or division thereof, lot or
property ownership line, it shall be construed as following such line.
Page 3 of 4 EXHIBIT "I" TO ORDINANCE 2018-005
C. If a zone boundary as shown on the zoning map divides a lot or parcel between two zones, the entire lot
or parcel shall be deemed to be in the zone in which the greater area of the lot or parcel lies, provided
that this adjustment involves a distance not exceeding 100 feet from the mapped zone boundary. DGE
Tarlo 19 does not apply to areas zened flood ,.1.,1„
(Ord. 2018-005 §9, 2018, Ord 2008-017 § 1.2008, Ord. 91-020 §1, 1991; Ord. 91-005 §3, 1991; Ord.
80-206 §2, 1980)
Page 4 of 4 EXHIBIT "I" TO ORDINANCE 2018-005
Chapter 18.61. URBAN UNINCORPORATED COMMUNITY ZONE - LA PINE
18.61.030. La Pine Planning Area.
F. La Pine Flood Plain District. All uses proposed within this district shall be subject to the provisions in
DCC 18.96, Flood Plain Combining Zone.
(Ord 2018-005 &10, 2018; Ord. 2010-029 § 1, 2010; Ord. 2009-025 § 1, 2009; Ord. 2003-002 §1, 2003;
Ord. 2002-033 §1, 2002; Ord. 2001-044 §3, 2001; Ord. 2000-015§ 2, 2000; Ord. 97-063 §3, 1997; Ord. 97-
041 § 1, 1997; Ord. 97-017 §4, 1997; Ord. 96-003 § 1, 1996)
PAGE 1 OF 1 EXHIBIT "J" TO ORDINANCE 2018-005
Chapter 18.96. FLOOD PLAIN COMBINING ZONE - FP
18.96.010. Purposes.
The purposes of the Flood Plain Combining Zone are: To implement the applicable elements of the
Comprehensive Plan RleedinResource Management and Growth Management Sections; 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. 2018-005 §11, 2018; Ord. 88-030 §4, 1988)
18.96.020. Designated Areas.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "Flood Insurance Study for Deschutes County, Oregon and Incorporated Areas"
revised September 28, 2007, with accompanying Flood Insurance Rate Maps is hereby adopted by reference
and incorporated herein by this reference. The Flood Insurance Study is on file at the Deschutes County
Community Development Department.
The Flood Plain Combining Zone shall include all areas designated as "Special Flood Hazard Areas" by the
Flood Insurance Study for Deschutes County. When bBase €Flood eElevation data has not been provided in
the Flood Insurance Study, the Planning Director ilimy i-lk-oka+� review and reasonably utilize any bBase
#Flood eElevation or floodway data provided, bye aIppLwant or _available from federal, state or other
sources toisi determinei i, the location of a flood plain or floodway.
(Ord. 2018-005 §11, 2018; 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 Uses permitted outright in the underlying, zone with which the Flood Plain Combininy, Zone is
combined that does not constitute floodplain development as defined in DCC 18.04.030, shall be
permitted outright
B Notwithstanding_the provision of subsection (A) above the followinp- uses that do not constitute
floodplain development as defined in DCC 18.04.03.0, are permitted outright and not subject to the
provisions of this chapter:
A. ] .Agricultural use conducted without establishing or utilizing a structure.
to impede as little as possible the movement of floodwaters and fioed eatTied fnalei-ial.
42. Management, propagation and harvesting of a forest product.
C-1 Open space as defined in DCC 18.04.030.
B4. Portions of a residential use that do not contain structures, such as lawn, garden or play areas.
E5. Class I and Il 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.
F6. Class III road or street project_
G7. Excavation, grading and fill for the routine maintenance and repair of existing roads and roadway
drainage within the road right-of-way that will have not adverse effect on flood waters.
148 Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
19_ Recreational vehicles provided they meet the standards and criteria established by DCC 18.116.095.
Page 1 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
10 Fill and removal activities involving the removal of vegetation if the material to be filled or
removed will not exceed 50 cubic yards in volume and such fill or removal activities are undertaken
for the purpose of:
a. Removal of diseased or insect -infested trees or shrubs or of rotten or damaged trees that present
safety hazards, or
b. Normal maintenance and pruning of trees and shrubs.
11. Fill and removal activities conducted by an Irrigation District involving piping work in existing
canals and ditches.
12 Any open fencing that is placed in the floodplain but outside the floodwayprovided there is no
grading required to place the fence.
13. Uses and structures determined to be located outside the Special Flood Hazard Area in accordance
with 18.96.130.
(Ord. 2018-005 §11, 2018; Ord. 2007-019 §2, 2007; Ord. 93-043 §15, 1993; Ord. 91-020 §1, 1991; Ord.
88-030 §4, 1988)
18.96.040. Conditional uses permitted.
The following uses and their accessory uses may be allowed subject to applicable sections of this title:
Page 2 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
fill
-
111111
-
..
-----
• MATMMAKMWANMAMMINTMA_MMlo
,�. .
■
•..
.. .
-
M11,W_
.�A.
-
-
.
Mng
mom-
-
-
-
-.
Page 2 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
Waterway Management .;
r Pl the D.. gle Falls ni . C .
2. On the Desehutes Rivei- be�ween r-ivei- miles 217.5 and This aFea is identified in the Seenie
nit. n..o.,
D
3. ()fl the Desehutes River- between Aver- miles 207 ajid 192. This afea is identified in the Seenic-
Watei-way Management Plan as River- Community Afeas and Reereational RiverArea Fespeetively.
K. Those t-eeFeational uses deset-ibed in DGG 18.36.030, "F 1 Cojiditional Uses," having an ifl4g4fieant
effeet en flood w4ers whefe the subjeet Flood Plain zened site is designated by the Compr-ehensive
Plan M "Forest"
dis adjacent to land zoned 1 -
r
nT 2 Condition4l Uses,"
L. Those feefeational uses desetibed in DCC 19.40.030,
having an in4g*W4eaHt
effeet on flood waters whem gie sul�eet Flood Plain zoned site is designated by �4e Compr-ehensive
Plan Map as "Forest"
W. Surfaee mining of mineral and aggregate r-esoufees in eonjunction with the oper-ation and maintenanee
A Uses permitted conditionally in the underlying zone with which the Flood Plain Combining Zone is
combined shall be permitted conditionally.
B When uses identified in this chapter as conditional or outright uses include Flood Plain Development, as
defined in DCC 18.04.030, that Flood Plain Development is a conditional use.
C Notwithstanding subsections (A) and (B) above the following uses are permitted conditionally in the
Flood Plain Combining Zone in association with any underlying zone:
1. A bridge.
2 Excavation grading and till 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.
3 A boat dock or pier either individual or community, on private property which lies in the following
areas:
i. On the Deschutes River between river miles 226.4 and 224.5. This area is identified in the
Scenic Waterway Management Plan as the Wickiup River Community Area;
ii. 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
iii. 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.
4 Surface miningofmineral 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.
5 Subdividing or partitioning of land including cluster developments and planned developments
where permitted in the underlying primary zone subject to the provisions of DCC Title 18 and
DCC Title 17 the Subdivision/Partition Ordinance.
(Ord. 2018-005 §11, 2018; Ord 2007-019 §2 2007 Ord 2001-039 §11 2001. Ord..2041-016 §2 2001'
Old 97-063 §3 1997. Ord 96-032 §1 1996' Ord 95-075 §J 1995 Ord 95-022 §1 1995. Ord 93-045 §l
1993. Ord 93-002 §4 1993. Ord 91-038 �11991' 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)
Page 3 of 10 EXHIBIT IIKII TO ORDINANCE 2018-005
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.
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. 2007-019 §2, 2007; Ord. 95-022 §1, 1995; Ord. 93-002 §5, 1993; Ord. 91-020 §1, 1991; Ord. 88-030
§4, 1988)
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 Combining 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 Combining
Zone. Where bBase #Flood eElevation 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). Generation of Base Flood Elevation data shall not be required for subdivision proposals and other
proposed developments that expressly preclude residential and non-residential construction in a Special
Flood Hazard Area.
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 bBase (Flood eElevation, 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.
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 floodproofrng methods for any
structure meet the floodproofrng criteria established by the Federal Emergency Management Agency
and the applicable standards in DCC 18.96.
I. All other elements or information which will assist in the evaluation of the proposed development and
conformance with the applicable criteria.
(Ord. 2018-005 § 11, 2018; Ord. 95-022 § 1, 1995; Ord. 93-043 § 15A, 1993; Ord. 91-020 § 1, 1991; Ord.
88-030 §4, 1988)
Page 4 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
18.96.080. Criteria to Evaluate Conditional Uses.
A. A conditional use permit in a Flood Plain Combining 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,—ate Department of State Lands, and other
appropriate state and federal agencies 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 carrying 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. Utilities.
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 them or contamination
from them during flooding consistent with the Oregon Department of Environmental Quality as
specified in OAR 340-071-0100 el sea.
4. Below -grade crawlspaces arcis allowed subject to the standards in FEMA Technical Bulletin 11-01.
E. Subdivision and Partition Proposals.
1. All subdivision and partition proposals shall be consistent with the need to minimize flood damage.
2. All subdivision and partition proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
3. All subdivision and partition proposals shall have adequate drainage provided to reduce exposure to
flood damage.
4 Where BaseFlood Elevation data has not been provided or is not available from another
authoritative source it shall be venerated for subdivision proposals and other proposed
developments which contain at least 50 lots or 5 acres (whichever is less). Generation of Base
Flood Elevation data shall not be required for subdivision proposals and other proposed
Page 5 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
G
developments that expressly_ preclude residential and non-residential construction in a Special Flood
Hazard Area.
Review of Building Permits. Where elevation data is not available either through the Flood Insurance
Study or from another authoritative source, applications for building permits shall be reviewed to assure
that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local
judgment and includes use of historical data, high water marks, photographs of past flooding, etc.,
where available. (Failure to elevate at least two feet above grade in these zones may result in higher
insurance rates.)
Specific Standards. In the Flood Plain Combining Zone, the following requirements must be met:
1. Residential Construction.
a. New construction, including replacement, and substantial improvement of any residential
structure shall have the lowest floor of the entire structure, including basement, elevated at least
one foot above bBase Mood eElevation.
b. Fully enclosed areas below the lower floor that are subject to flooding are prohibited unless
they are designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must
satisfy the standards in FEMA Technical Bulletin 11-01 and must either be certified by a
registered professional engineer or architect and or --must meet or exceed the following criteria:
i. A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers or other coverings or devices, provided
that they permit the automatic entry and exit of floodwaters.
2. Nonresidential Construction. New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest floor, including basement,
elevated at least one foot above the level of the bBase Mood eElevation, or, together with attendant
utility and sanitary facilities, shall:
a. Be flood proofed so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water.
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
c. Be certified by a registered professional engineer or architect that the design and methods of
construction are subject to accepted standards of practice for meeting provisions of DCC
18.96.080, based on their development and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the County as set forth in DCC 18.96.070(H).
d. Nonresidential structures that are elevated, but not flood proofed, must meet the same standards
for space below the lowest floor as described in DCC 18.96.080(F).
e. Applicants for floodproofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates that are one foot below the floodproofed level (e.g. a building
constructed to the flood level will be rated as one foot below that level).
f Applicants shall supply a comprehensive Maintenance Plan for the entire structure that shall
include but not limited to: exterior envelope of structure; all penetrations to the exterior of the
structure; all shields,..gates barriers or components designed to provide floodproofing
protection to the structure; all seals or gaskets for shields gates barriers or components; and
the location of all shields gates barriers and components as well as all associated hardware,
and any materials or specialized tools necessary to seal the structure.
g.Applicants shall supply an Emergency Action Plan (EAP) for the installation and sealing of the
structure prior to a flooding event that clearly identifies what triggers the EAP and who is
responsible for enacting the EAP.
3. Exception for Small Accessoa Structures Relief from elevation or floodproofing as required in
(G)(l ) or (G)(2) above may be granted for small accessory structures that are:
Page 6 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
a. Less than 200 square feet and do not exceed one story;
b. Not temperature controlled;
c. Not used for human habitation and are used solelyparking of vehicles or storage of items
having low damage potential when submerged;
d. Not used to store hazardous or toxic material, oil or gasoline, or any priority persistent pollutant
identified by the Oregon Department of Environmental Quality unless confined in a tank
installed in compliance with this ordinance or stored at least one foot above Base Flood
Elevation;
e. Located and constructed to have low damage potential;
f. Constructed with materials resistant to flood damage;
g. Anchored to prevent flotation, collapse, or lateral movement of the structure resultingfrom
rom
hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the
base flood;
h. Constructed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic
entry and exit of floodwater. Designs for complying with this requirement must be certified by
a licensed professional engineer or architect or:
i. Provide a minimum of two openings with a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding;
ii. The bottom of all openings shall be no higher than one foot above the higher- of the exterior
or interior grade or floor immediately below the opening, and
iii. Openings may be equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwater in both directions without manual
intervention.
i. Constructed with electrical, and other service facilities located and installed so as to prevent
water from entering or accumulating within the components during conditions of the base flood.
4. Manufactured44emes Dwellings. All manufaetwed >,, mes to be placed , libstanti lly inq o r
shall be,
at least one foot above the base flood elev_aflon. Sueh manufaetwed homes shall be seeiif:ejy
-18.°�80(G)(13
a. Manufactured dwellings supported on solid foundation walls shall be constructed with flood
openings that comply with (G)(1)(b) above,
b. The bottom of the longitudinal chassis fi-ame bearn in A zones shall be at or above the ,Base
Flood Elevation and the lowest floor of the manufactured dwellin ; sha11 be—at least one foot
above the Base Flood Elevation;
c. The manufactured dwelling shall be anchored to prevent flotation, collapse, and lateral
movement during the base flood. Anchoring methods may include, but are not limited to, use of
over -the -top or frame ties to ground anchors (Reference FEMA's "Manufactured Home
Installation in Flood Hazard Areas" guidebook for additional techniques); and
d. Electrical crossover connections shall be a minimum of 12 inches above Base Flood Elevation.
45. Docks, Piers and Walkways.
a. No individual boat dock or pier shall be allowed on any lot with less than 200 feet of river
frontage.
b. No community boat dock or pier shall be allowed on any lot with less than 100 feet of river
frontage.
c. No individual boat dock or pier shall be more than 20 feet in length or more than eight feet in
width. The total surface area shall not exceed 160 square feet.
d. No community boat dock or pier shall be more than 20 feet in length. The total surface area
shall not exceed 320 square feet.
e. A boat dock or pier shall not extend into or over the water more than 20 feet as measured from
the ordinary high water mark (OHM), or five percent of the distance between the ordinary low
Page 7 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
water mark (OLM) on each river or stream bank measured at right angles to the shoreline,
whichever is less, unless it can be shown that a greater extension:
i. Is necessary to allow access to the OHM;
ii. Will not increase flood hazard; and
iii. Will not cause the deterioration or destruction of marine life or wildlife habitat. When the
lines of ordinary high or low water cannot be determined by survey or inspection, then such
lines shall be determined by a registered professional engineer using the annual mean high
or low water for the preceding year, using data from the State of Oregon Watermaster.
f. Individual boat docks and piers shall have a minimum five foot setback from adjoining property
boundaries projected over the water surface.
g. Dock, pier and walkway structures shall not be covered or enclosed.
h. All materials used in dock, pier or walkway construction must be in compliance with all DEQ
and EPA regulations.
L Docks, piers and walkways shall use either pilings or Styrofoam floats if such floats are fully
enclosed and sealed.
J. Docks, piers and walkways shall not impede water movement or cause deposition on waterway
beds.
k. Docks, piers and walkways containing concrete or wood preservatives shall be fully cured or
dried prior to placement in the water.
1. No walkway shall be more than four feet in width. The length of the walkway shall be no more
than the minimum required to allow access to a dock.
in. Walkways shall include at least one handrail if the structure is elevated 30 inches or more from
ground level.
n. All docks, piers and walkways shall meet the test of noninterference with navigation.
6-5. Parking Facilities. No parking facility shall be located within 20 feet (measured at right angles) of
the ordinary high water mark (OHM).
7 Construction of new critical facilities shall be to the extent possible located outside the limits of
the Area of Special Flood Hazard 0 00 -year floodplain) Construction of new critical facilities shall
be permissible within the Area of Special Flood Hazard if no feasible alternative site is available.
Critical facilities constructed within the Area of Special Flood Hazard shall have the lowest floor
elevated three feet above Base Flood Elevation or to the height of the 500 -year flood, whichever is
higher. Access to and from the critical facility should also be protected to the height utilized above.
Floodproofing and sealing measures must be taken to ensure that hazardous or toxic substances, oil
or gasoline or any priority persistent pollutant identified by the Oregon Department of
Environmental Quality will not be displaced by or released into floodwaters. Access routes elevated
to or above the level of the Base Flood Elevation shall be provided to all critical facilities to the
extent possible unless deemed impractical by the Hearings Body or Planning Director.
8 Incidental storage of material or equipment that is either not subject to damage by flood rigy )c
Lcrrnitted. 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.
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.
Page 8 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
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. 2018-005 §11, 2018; Ord. 2007-019 §2, 2007; Ord. 2000-033 §6, 2000; Ord. 95-075 §1, 1995; Ord.
95-022 §1, 1995; Ord. 93-043 §1513, 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.
T Pn Z-0fl ,,_tThe following yard and setback requirements shall be maintained, in the Flood Plain
Combining Zone except where the underlying primaiy zone differs then the more restrictive standard shall
apply.
A. The front setback shall be a minimum of 20 feet from a property line fronting on a local 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. 2018-005 §11, 2018; 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)
18.96.110. Dimensional Standards.
In the Flood Plain Combining Zone the dimensional standards shall be as established in the underlying zone
with which the FP Zone is combined.
MMMWI
-_— _ _ ____
Page 9 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
hot Gavefage. The fnaiti building and aeeessevy buildings leeated on any building site of lot shall He
A.
of 30 p ent of the total let
height,B. —Building Height. T-4a building af: str-uettir-e shail be ef:eeted ei- enlai:ged to exeeed 30 feet in
exeept-as allowed under IEEE' 8.� 0 120.04 0.
G. Minimum !at size shall be 10 aei-es for all afeas whieh have i-eeeived ati exeeption to the Statewide
Platining Goals for resew:ee uses. Areas whieh have net i-eeeived an exeeption to the St4ewide
Planning Goals shall have a minimum lot size of 80 aefes.
(Ord. 2018-005 §11, 2018; 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
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
boundary and actual field conditions). Such interpretations shall be processed as a development action
pursuant to Chapter 22.16.
(Ord. 2007-019 §2, 2007)
18.96.140. Use Variances.
Use variances or variances to the standards established by DCC 18.96.060 and 18.96.080 shall not be
allowed.
(Ord. 2007-019 §2, 2007; Ord. 88-030 §4, 1988)
Page 10 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
Chapter 18.113. DESTINATION RESORTS ZONE - DR
18.113.060. Standards for Destination Resorts.
The following standards shall govern consideration of destination resorts:
H. Floodplain requirements. The floodplain combining zone {� requirements of DCC 18.96 shall apply
to all developed portions of a destination resort in an FP Zone in addition to any applicable criteria of
DCC 18.113. Except for floodplain areas which have been granted an exception to LCDC goals 3 and 4,
floodplain combining zones shall not be considered part of a destination resort when determining
compliance with the following standards;
1. One hundred sixty acre minimum site;
2. Density of development;
3. Open space requirements.
A conservation easement as described in DCC Title 18 shall be conveyed to the County for all areas
within a floodplain which are part of a destination resort.
(L)ilt 20.18-005. 11 2016-003 §1, 2016; Ord. 2015-016 §7, 2015; Ord. 2013-008 §2, 2013; Ord.
2007-05 §2, 2007; Ord. 92-004 § 13, 1992)
Page 1 of 1 EXHIBIT "L" TO ORDINANCE 2018-005
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.260. Rock Crushing Outside the SM Zone.
B. On-site rock crushing for on-site construction and maintenance is permitted outright in any zone,
^ept Flood Di^:., (FP), or in any combining zone, except Wildlife Area (WA), Landscape
Management (LM), Flood Plain (FP) or Sensitive Bird and Mammal Habitat (SBMH), if the
requirements of DCC 18.116.260(A) and the following standards are met:
1. Rock crushing activity, including set up and crushing, occurs for no more than 60 consecutive
days on a site within any one-year period;
2. Rock crushing occurs Monday through Friday, between 7:00 a.m. and 5:00 p.m., and not on
legal holidays; and
3. Water is available on-site to provide dust control.
(Ord. 201 i3w005 § ] 3, 201 �iOrd. 97-006 §2, 1997)
18.116.270. Conducting Filming Activities in All Zones.
2. Special Limitations. In addition to the general limitations set forth under DCC
18.116.270(C)(1)(a) and (b), the following additional special limitations shall be applied,
where applicable:
a. Filming and accessory or supporting activities proposed for a site designated as exclusive
farm use by the zoning ordinance shall be subject to applicable provisions of ORS
215.296.
b. Filming and accessory or supporting activities involving structures or improvements
regulated under DCC 18.96 (flood plain combining zone) shall be subject to the
applicable provisions of DCC 18.96 unless the Federal Emergency Management Agency
authorizes a waiver of the provisions of DCC 18.96.
c. Filming and accessory or supporting activities necessitating fill or removal activities
shall comply with the applicable provisions of DCC 18.128.270, except that no
conservation agreement shall be required where the fill is associated with a temporary
structure or improvement and such fill would be removed along with the temporary
structure or improvement under a fill and removal permit required by the County.
d. Filming and accessory or supporting activities shall not be allowed in any sensitive
habitat area designated under DCC 18.90 during the nesting period identified in the
ESEE for each site.
3. At the completion of filming, any structure or improvement for which land use approval
would otherwise be required shall obtain the required approvals or the structure or
improvement shall be removed. The County may require the applicant to post a bond in an
amount sufficient to cover the cost of removal for any such structure or improvement.
4. The standards of DCC 18.116.270(B) may be met by the imposition of conditions calculated
to ensure that this standard will be met.
Ord. 2018-005 § 13, 2018LOrd. 97-007 § 1, 1997)
Page 1 of 1 EXHIBIT "M" TO ORDINANCE 2018-005
Chapter 18.124. SITE PLAN REVIEW
18.124.030. Approval Required.
A. No building, grading, parking, land use, sign or other required permit shall be issued for a use subject to
DCC 18.124.030, nor shall such a use be commenced, enlarged, altered or changed until a final site plan
is approved according to DCC Title 22, the Uniform Development Procedures Ordinance.
B. The provisions of DCC 18.124.030 shall apply to the following:
1. All conditional use permits where a site plan is a condition of approval;
2. Multiple -family dwellings with more than three units;
3. All commercial uses that require parking facilities;
4. All industrial uses;
5. All other uses that serve the general public or that otherwise require parking facilities, including, but
not limited to, landfills, schools, utility facilities, churches, community buildings, cemeteries,
mausoleums, crematories, airports, parks and recreation facilities and livestock sales yards; and
6. As specified for Flood Plain Zones (FP) and Surface Mining Impact Area SMIA Combining
Zones (SM -IA).
7. Non-commercial wind energy system generating greater than 15 to 100 kW of electricity.
C. The provisions of DCC 18.124.030 shall not apply to uses involving the stabling and training of equine
in the EFU zone, noncommercial stables and horse events not requiring a conditional use permit.
D. Noncompliance with a final approved site plan shall be a zoning ordinance violation.
E. As a condition of approval of any action not included in DCC 18.124.030(B), the Planning Director or
Hearings Body may require site plan approval prior to the issuance of any permits.
Ord. 2018-005 §14, 2018; Ord. 2011-009 §1, 2011; Ord. 2003-034 §2, 2003; Ord. 94-008 §14, 1994; Ord.
91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 86-032 §1, 1986)
Page 1 of 1 EXHIBIT "N" TO ORDINANCE 2018-005
Chapter 18.128. CONDITIONAL USE
18.128.200. Cluster Development (Single -Family Residential Uses Only).
B. The conditional use shall not be granted unless the following findings are made:
15 For Cluster Developments containing or adjacent to rivers lakes or streams, in addition to
compliance with other applicable zone development restrictions uses and activities must be
consistent with a required Riparian Area Management Plan. The Riparian Area Management
Plan shall
__L)r _ lc and ijroLect rit�arian resources, be prepared by a wildlife biologist, and
include the following:
a An inventory of riparian resources within or adjacent to the Cluster Development;
b A map showing the inventoried riparian resources that identifies the area subject to the
Riparian Area Management Plan;
c A prohibition on golf courses tennis courts swimming pools marinas ski runs or other
developed recreational uses of similar intensity within the area subject to the Riparian
Area Management Plan Low intensity recreational uses such as bicycle, equestrian and
pedestrian trails and wildlife viewing areas located to minimize impact to the identified
riparian resources may be permitted;
d A prohibition on off-road motor vehicle use within the area subject to the Riparian Area
Management Plan.
e Measures to preserve and protect the identified riparian resources shall include:
i A description of the required measure and its purpose;
ii. Performance standards for the measure's success,
iii. Contingent mitigation if monitoring reveals that performance standards are not
satisfied;
iv. Who is 'responsible for implementing the actions required by the measure;
v. Where the measure is to take place;
vi When must each measure be implemented; and
vii. Wlio wiil rriornitor the measure and how and when monitoring will occur.
16 For those Cluster Developments that include a Riparian Area Management Plan, the area
requiring a Riparian Area Management Plan shall be contained in one or more lots designated
as open mace on the plat of the subdivision and held in common ownership of a
homeowner's association of the development This open space shall count towards any
open space requirements for Cluster Developments.
(Ord. 2018-005 §15, 2018; Ord. 2015-016 §8, 2015; Ord. 2004-024 §2, 2004; Ord. 95-075 §1,
1995; Ord. 93-005 §11, 1993; Ord. 91-020 §1, 1991)
18.128.210. Planned Development.
B. The conditional use may be granted upon the following findings:
9 For Planned Developments containing or adjacent to rivers, lakes or streams, in addition
to compliance with other applicable zone development restrictions, uses and activities
must be consistent with a required Riparian Area Management Plan. The Riparian Area
Page 1 of 2 EXHIBIT "O" TO ORDINANCE 2018-005
Management Plan shall preserve and protect rimar_ian pcsourcels, be prepared by a wildlife
biologist. and include the following:
a. An inventory of riparian resources within or adjacent to the Planned Development;
b. A map showing the inventoried riparian resources that identifies the area subject to
the Riparian Area Management Plan;
c. A prohibition on golf courses, tennis courts, swimming pools, marinas, ski runs or
other developed recreational uses of similar intensity within the area subject to the
Riparian Area Management Plan. Low intensity recreational uses such as bicycle
equestrian and pedestrian trails, and wildlife viewing areas located to minimize
impact to the identified riparian resources may be permitted;
d. A prohibition on off-road motor vehicle use within the area subject to the Riparian
Area Management Plan.
e. Measures to preserve and protect the identified riparian resources shall include:
L A description of the required measure and its purpose;
ii. Performance standards for the measure's success,•
iii. Contingent mitigation if monitoring reveals that performance standards are not
satisfied;
iv. Who is_res,poi'sihle for implementing the actions required by the measure;
v. Where the measure is to take]p ace;
vi. When must each measure be implemented; and
vii. Who Avill. monitor the measure and how and when monitoring will occur.
10. For those Planned Developments that include a Riparian Area Management Plan, the area
requiring a Riparian Area Management Plan shall be contained in one or more lots
designated as open space on the plat of the subdivision and held in common ownership of
a homeowner's association of the development. This open space shall count towards any
open space requirements for Planned Developments.
(Ord. 2018-005 §15, 2018; Ord. 96-003 §9, 1996; Ord. 95-075 §1, 1995; Ord. 93-005 §11, 1993;
Ord. 91-020 §1, 1991)
Page 2 of 2 EXHIBIT "O" TO ORDINANCE 2018-005
FINDINGS
I. SUMMARY
Deschutes County, through Ordinance No. 2018-005, is amending the Deschutes County
Comprehensive Plan, Zoning Map, and Zoning Ordinance with the primary purpose of
changing the Flood Plain zone from primary zone to combining zone. The amendments also
incorporate provisions of the 2014 Oregon Model Flood Damage Prevention Ordinance, address
inconsistencies created by the conversion to a combining zone, correct errors, and add
provisions for cluster and planned developments on property that contains flood plain
zoning. The amendments do not affect the mapped FEMA flood plain boundary or the
standards applicable to most development within the Area of Special Flood Hazard (aka 100 -
year flood plain).
The current flood plain zone was adopted through Ordinance No. 88-030. Since adoption,
there have been several amendments to the flood plain zone addressing allowed uses and
applicable standards. In addition, over the last decade there have been amendments to the
Comprehensive Plan adding a Tumalo Community Plan and Newberry Country Plan.
II. BACKGROUND AND INTENT
a. Statement Of The Problem To Solved
Deschutes County presently has mapped the Floodplain Zone as a base zone, which is
unusual in Oregon and presents a number of administrative difficulties. In order to
understand these difficulties, some background in the National Flood Insurance Program
(NFIP), Deschutes County's use of base and combining zones, and how Deschutes County
has implemented its regulatory scheme are needed.
- i. National Flood Insurance Program (NFIP)
The National Flood Insurance Program (NFIP) is based on a mutual agreement between the
Federal Government and Deschutes County. Federally backed flood insurance is made
available in Deschutes County, provided that the County agrees to regulate development in
mapped floodplains. So long as Deschutes County does its part making sure future
floodplain development meets certain criteria, FEMA provides subsidized flood insurance for
properties in Deschutes County.
FEMA has prepared a floodplain map and developed flood hazard data for Deschutes
County. The NFIP underwrites flood insurance coverage only in those communities that
adopt and enforce floodplain regulations that meet or exceed NFIP criteria. The County's
floodplain regulations are designed to meet FEMA regulations and to ensure that new
Page 1 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
buildings will be protected from the flood levels shown on the FEMA -provided Flood
Insurance Rate Map (FIRM) and that development will not make the flood hazard worse.
Beginning in 1988 Deschutes County adopted the Flood Insurance Rate Map (FIRM) as the
Flood Plain Zone and also adopted Comprehensive Plan policies and implementing zoning
code to comply with FEMA requirements. These maps, policies, and zoning code have been
periodically updated to match the latest information and requirements provided by FEMA.
It is important to note that the FIRM maps and FEMA regulations explicitly recognize that the
mapped floodplain is subject to refinement. The map does not capture property -specific
topographic details and FEMA regulations allow the County to waive FEMA requirements,
such as special construction standards, where development is located above the Base Flood
Elevation.
ii. Deschutes County's Use of Base And Combining Zones
In Deschutes County, base zones are used to identify those uses that are appropriate to a
geographic area and provide standards for those uses. Base zone standards include outright
and conditional uses, minimum lot sizes, setbacks, height limitations and other similar
standards.
Combining zones are used to identify geographical areas that require special additional
considerations, frequently for special protection of Goal 5 resources such as wildlife, scenic
corridors, or surface mining impact areas. The combining zones may intersect a number of
base zones and are intended to modify the standards in the underlying base zones.
The Floodplain Zone is unusual in that it has some characteristics of a base zone and some
characteristics of a combining zone. Like a base zone, some uses, such as docks, are unique
to the zone. Like a combining zone, special requirements modify general requirements for
residential and non-residential construction, earthmoving, and specific use requirements.
Originally, Deschutes County uniquely implemented the Flood Plain Zone as a base zone,
assigning uses and providing use standards, such as construction specifications, minimum
lot areas, and setbacks.
iii. Regulatory Scheme
When Deschutes County implemented the Flood Plain Zone as a base zone, two difficulties
were created. The first was caused by the fact that few properties are entirely within the
Flood Plain Zone. Specifically, the Code does not explicitly explain how to deal with land
divisions of split zoned properties. County land use decisions overtime demonstrate a lack
of consistency when it comes to approaching this issue. The long-standing, prevalent
practice was to allow land divisions where the minimum lot size was met for the non -Flood
Plain Zone, with no regard for the Flood Plain Zone acreage standards. The record includes
Page 2 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
nine (9) land use decisions for split -zone land divisions including Flood Plain zoning that
demonstrate this long-standing practice. In each case, the Flood Plain zoned acreage was
added to the non -Flood Plain Zone to calculate minimum lot sizes and, where applicable,
open space requirements. In effect, these decisions treat the Flood Plain zone like an overlay
zone, which thereby would not impose acreage standards in land divisions. However, use
specific standards, like special construction standards from the Flood Plain Zone were
imposed on development subject to flood hazard. As discussed below, these decision
demonstrate that the County's long-standing practice was to treat the Flood Plain zone like
an overlay zone.
More recently, in County File No. 247 -15 -000195 -TP, the Hearings Officer found that
Deschutes County Code requires, "...the minimum lot size required for a new lot or parcel in
the pertinent zone must be met entirely within that zone." This decision marked a significant
departure from the long-standing practice to split zoned properties including Flood Plain
zoning, as shown in the decisions cited -above. Because most split -zoned floodplain
properties in Deschutes County only have a narrow river -adjacent fringe of floodplain,
almost no properties have the required 10 -acres (for exception lands) or 80 -acres (for
resource zoned lands) of Flood Plain zoned land necessary for a land division. Thereby, the
Hearings Officer's aforementioned decision serves almost as a moratorium for land division
involving Flood Plain acreage.
Under the current Hearings Officer's ruling, a parcel with 100 acres of Rural Residential Zone
(10 acre minimum lot size) and 1 acre of Flood Plain zone becomes wholly indivisible due to
the failure to have 10 acres of Flood plain zoned lands. In practice, this ruling precludes
division of almost all river -adjacent properties, regardless of size because the floodplain is
predominantly a narrow, river -adjacent strip in Deschutes County. A major reason for this
proposed amendment is to restore the divisibility of river -adjacent properties to align with
the County's long-standing practice.
A second difficulty stemming from treating the Flood Plain Zone as a base zone stems from
the fact that the floodplain is poorly defined. As noted above, the FIRM maps and FEMA
regulations explicitly recognize that the mapped floodplain is subject to refinement. When
a property -specific topography survey demonstrates that a property or development site is
wholly above the base flood elevation, FEMA does not require implementation of physical
precautions, such as special construction standards.
Ideally, Flood Plain zoned lands identified as above the based flood elevation would
automatically be rezoned to the adjacent non -Flood Plain zoning, as they are not subject to
the hazard which is the basis of the zone. Unfortunately, rezoning is an expensive and
cumbersome process and many properties that have been found upon detailed survey to be
free of flooding hazard nonetheless, remain Flood Plain zoned. This amendment fixes that
problem by making the Flood Plain a Plain Combining Zone with expressed provision that
Page 3 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
relieve properties that have been identified according to FEMA regulations to be free of
flooding hazard from unnecessary and ill-suited regulatory burdens.
b. Intent
The proposed amendments are intended to address the split -zoning and floodplain
boundary problems described above while continuing to protect significant Goal 5 natural
resources. These amendments will streamline the County's administration of FEMA's
requirements and codify the long-standing County practice to the division of properties
containing some Flood Plain zoned lands. In addition, this amendment incorporates
updated provisions found in the 2014 Oregon Model Flood Damage Prevention Ordinance.
Finally, this amendment adds additional riparian habitat protections for cluster and planned
unit subdivisions adjacent to rivers in response to public and Planning Commission concerns
regarding potential impacts from these developments.
It is also the intent of this amendment to clarify that the primary purpose of the
comprehensive plan and zoning provisions relating to the floodplain is to promote the public
health, safety, and general welfare, and to minimize public and private losses due to flood
conditions in specific areas through specific methods of reducing flood losses, as required
by FEMA and the NFIP. The Flood Plain Zone has and will continue to provide a secondary
benefit as part of a variety of interlocking provisions that protect and limit developability of
riparian habitat.
This amendment is not intended to and does not allow new or different development of
Flood Plain zoned lands when compared to the County's long-standing practice. Outside of
riparian protections in cluster and planned unit development, which are hereby enhanced,
the following provisions remain unchanged:
1) No creation of development sites in the floodplain by land division.
2) No changes are proposed to the 100 -foot structural setback from the ordinary
high water mark of rivers.
3) No changes are proposed to the scenic protections for rivers in the Landscape
Management Combining Zone.
4) No change to DCC 18,128.270(D)(2)(e), which requires any wetland or riverbank
impacts have to be fully mitigated, as evaluated by ODFW.
5) No change to the requirement that cluster developments in designated wildlife
habitat must continue to retain a minimum of 80% open space and satisfy specific
conditional use permit criteria.
6) No change to the requirement that all new construction, expansion or substantial
improvement of an existing dwelling, an agricultural related structure, a
commercial, industrial or other non-residential structure, or an accessory building
in a designated flood plain obtain a conditional use permit.
Page 4 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
At times through the public process, opponents to this amendment either misunderstood or
misrepresent the intent and effect of this amendment. To the extent this amendment
facilitates division of river -adjacent lands, it only codifies the long-standing regulatory
practice of Deschutes County. No new direct impacts to the floodplain or associated riparian
habitats are authorized by this amendment. Within the context of Deschutes County's
ongoing commitments to riparian protection listed above, there is neither evidence in the
record that river -adjacent land divisions would cause any direct impacts to riparian habitat
nor evidence that riparian habitats would be harmed by indirect impacts from nearby
development outside of the Flood Plain zone.
III. IS A GOAL 5 CONFLICTING USE ANALYSIS REQUIRED?
a. Background
OAR chapter 660, division 023, requires the County to conduct an analysis of the Economic,
Social, Environmental and Energy (ESEE) consequences of allowing, limiting or prohibiting
uses that conflict with an inventoried significant natural resource. A detailed response to
the rules under OAR 660-23 is presented below. Public comment from opponents argued
that a conflicting use' analysis was required. However, the County finds that there is no
conflicting use in this case. This amendment aligns the code with the long-standing
interpretation and implementation of existing code provisions. Thereby, as described below,
there are no new conflicting uses allowed under this amendment.
Opponents have argued that "[t]he minimum lot size of the floodplain zone is part of the
acknowledged program to achieve Deschutes County's goal of protecting riparian and
wetland habitat." For this, they cite to Ordinance 92-014, Comprehensive Plan - Fish &
Wildlife Chapter, at page 75:
Title 18.96, Flood Plain Zone - protects riparian habitat and wetlands by
requiring a conditional use for any development. One of the specific purposes
of the zone is to conserve riparian areas and maintain fish and wildlife
resources. The Flood Plain zone also regulates docks and piers and requires a
finding that the structure will not cause the deterioration of destruction of
wildlife habitat.
With regard to the Floodplain, no mention is made of minimum lot sizes. What is discussed
are acreage standards in Wildlife Area Combining Zones, which will remain in full effect
under the currently proposed amendments:
' OAR 660-023-0010(1) defines a "Conflicting use" as a "land use, or other activity reasonably and customarily
subject to land use regulations, that could adversely affect a significant Goal 5 resource (except as provided in OAR
660-023-0180(1)(b)). Local governments are not required to regard agricultural practices as conflicting uses."
Page 5 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
Opponents have also stated that "[a]n ESEE analysis is required to consider the effect
fragmenting the Goal 5 -listed habitats by dropping the minimum lot size, thereby allowing a
higher density of structures in riparian areas and wetlands." The aforementioned statement
demonstrates that opponents plainly misunderstand how the overlapping protections for
river adjacent lands work in the Deschutes County Code. While parcelization of river
adjacent lands would make possible new upland homesites, new homesites in the floodplain
and within 1 00'feet of rivers will continue to be prohibited. As discussed above, outside of
riparian protections in cluster and planned unit development which are enhanced by this
amendment, the following provisions remain unchanged:
1) No creation of development sites in the floodplain by land division.
2) No changes are proposed to the 100 -foot structural setback from the ordinary
high water mark of rivers.
3) No changes are proposed to the scenic protections for rivers in the Landscape
Management Combining Zone.
4) No change to DCC 18,128.270(D)(2)(e), which requires any wetland or riverbank
impacts have to be fully mitigated, as evaluated by ODFW.
5) No change to the requirement that cluster developments in designated wildlife
habitat must continue to retain a minimum of 80% open space and satisfy specific
conditional use permit criteria.
6) No change to the requirement that all new construction, expansion or substantial
improvement of an existing dwelling, an agricultural related structure, a
commercial, industrial or other non-residential structure, or an accessory building
in a designated flood plain obtain a conditional use permit.
Opponents also expressed misplaced concern for potential impacts to the threatened
Oregon Spotted Frog (Rana pretiosa). The United States Fish and Wildlife Service notes that
"[t]his species is always found in or near a perennial body of water, such as a spring, pond,
lake, sluggish stream, irrigation canal, or roadside ditch."' This species is not dependent on
upland areas, beyond 100 feet from rivers that would potentially be parcelized under this
amendment. Moreover, as shown in the matrix below, there is no evidence that such
development would impact this species or any other Goal 5 significant natural resource.
2 https://www.fws.gov/wafwo/articles.cfm?id=149489589
.. Page 6 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
Table 1
USES AND
PRIMARY ZONE - Current
COMBINING ZONE - Proposed
REGULATION
Permitted
Permits specific uses outright.
+ Permits uses allowed outright in the
Uses
Permits boundary fencing explicitly
underlying primary zone that do not
permitted outright in association with `
constitute "flood plain development,' 3
agricultural uses as long as fence limits
0 Permits uses determined to be located
impediment of floodwater and flood
outside the Special Flood Hazard Area
carried material.
and exempts said uses from FP zone
standards.
+ ` Fencing: Permits any open fencing that
is placed in the floodplain but outside'
the floodway, provided there is no
grading required to place the fence is
permitted outright.
• Includes reference to fill and removal
activities already allowed DCC 18.120
for clarity.
Conditional
0 Permits specific conditional uses.
0 Permits conditional uses allowed in the
Uses
Included are not permitted in the
underlying primary zone.
adjacent primary zones -
0 Explicitly permits "flood plain
• Permits "All new construction,
development" as a conditional use.
expansion or substantial improvement
0 Explicitly permits conditional uses
of an existing dwelling, an agricultural
currently allowed that are specific to
related structure, a commercial,
the flood plain zone (e.i. bridge, work in
industrial or other non-residential
bed and bancs of waterway, boar dock,
structure, or an accessory building."
etc).
• Standards of DCC 18.128, Conditional
0 Standards of DCC 18.128, Conditional
Uses, are applicable to all conditional
Uses, remain applicable to all
uses.
conditional uses.
Land Division
0 Must comply with all applicable
Must comply with the underlying
(Partition/
minimum lot sizes if split zoned. (e.i. RR-
primary zone minimum lot size. (e.i. RR -
Subdivision)
10/FP requires the RR -10 areas are 10
10/FP requires the RR -10 together with
acres and the FP areas are 10 acres)
FP are 10 acres.)
based on Hearings Officer
Must provide area for development
interpretation. `
-outside of flood plain zone.
+ Minimum lot size shall be 10 acres for
all areas which have received an
exception to the Statewide Planning
Goals for resource uses (e.i. RR -10,
MUA-10). Areas which have not
received an exception to the Statewide
Planning Goals shall have a minimum
lot size of 80 acres (i.e.`EFU, F-1, F-2).
• Must provide area for development
outside of flood plain zone.
3 DCC 18.0.030 states that "'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 storage of equipment or materials located within the area of special flood
hazard."
Page 7 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
USES AND
PRIMARY ZONE - Current
COMBINING ZONE - Proposed
REGULATION
Cluster
Not permitted.
0 Permitted as conditional use if allowed
Development/
in the underlying primary zone.
Planned
0 Riparian Area Management Plan is
Development
required.
• Development within open space is
limited.
• Development in FP requires conditional
use permit for "flood plain
development."
• Must provide area for residential
development outside of FP zone.
Flood Plain
0 Not Specified. Permits individual
0 Permitted as conditional use applying
Development
conditional uses.
broadly to uses that meet the definition
• Conditional use standards of DCC
of "flood plain development„
18.128 will apply.
• Conditional use standards of DCC
18.128 will apply.
Single Family
_
0 Permitted conditional use.
0 Permitted conditional use as "flood
Dwelling
plain development" if allowed in the
underlying zone.
Commercial
_
a Permitted conditional use even in areas
e Conditional Use as "flood plain
Development
where adjacent zoning is residential or
development" if permitted in the
resource.
underlying primary zone. _
Small
0 Required to comply with all applicable
0 Provides exemption to the flood
Accessory
residential construction standards of
proofing and flood elevation
Structures
DCC 18.96.080(G)(1).
requirements of DCC 18.96.080(G)(1)
(<200 sq ft)
with specific design and use
requirements.
Yard and
Standards specific to the zone.
0 Requires compliance with the more
Setback
restrictive standard of either the FP or
Requirements
underlying primary zone.
Dimensional
Standards specific to the zone.
a Standards established in the underlying
Standards
Minimum lot size is 10 acres for all areas
primary zone to which the FP Zone is
which have received an exception to the
combined.
Statewide Planning Goals for resource
uses and 80 acres for areas which have
not received an exception to the
Statewide Planning Goals. This is
recognition there is a relationship with
other primary zone the area.
Other New
• As a conditional use, DCC 18.96.040(1) '
Permitted uses will be limited to those
Development
permits "All new construction,
permitted in the underlying primary
expansion or substantial improvement
zone. Furthermost development within
of an existing dwelling, an agricultural '
the floodplain zone will "flood plain
related structure, a commercial,
develop," a conditional use. This
industrial or other non residential
configuration will be far more limiting
structure, or an accessory building."
than may otherwise have previously
This is comprehensive allowing many
been permitted as noted in the previous
uses that may not otherwise be
column.
permitted in the adjacent primary zones
and may not be compatible with
Page 8 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
USES AND
REGULATION
PRIMARY ZONE - Current
COMBINING ZONE - Proposed
intended use of the general area as
specified in the comprehensive plan.
Combining
Where zoned or mapped, the provisions
Where zoned or mapped, the
Zones;
of Wildlife Area (WA) and Landscape
provisions of Wildlife Area (WA) and
Mapped
Management (LM) Combining zones and
Landscape Management (LM)
Wetlands
protection of mapped wetlands are
Combining zones and protection of
applicable.
mapped wetlands are applicable.
• The standards of the WA and LM
The standards of the WA and LM
Combining zones and the protective
Combining zones and the protective
standards for mapped wetlands
standards for mapped wetlands
implement measures to comply with the
continue to implement measures to
requirements of Goal 5.
comply with the requirements of Goal
5.
IV. PROPOSED AMENDMENTS
The proposed amendment is detailed in Exhibits A -O of Ordinance 2018-005. Maps shown
in Exhibits A and F identify the map and text changes in the remaining exhibits, identified by
underline for new text and strikethreugI4 for deleted text. Below are explanations of the
proposed changes.
A. Comprehensive Plan Amendments
Text Amendment to Comprehensive Plan, Chapter 2, Section 2.5 - Water Resources.
The proposed amendment includes the addition of the flood plain zone purpose statement.
The statement identifies the purpose is to promote the public health, safety, and general
welfare, and minimize losses due to flood conditions in specific areas and secondary benefits
include riparian area conservation for fish and wildlife and preservation of significant scenic
and natural resources. The amendment also changes the flood plain from primary zone to
combining zone. (See Exhibit C)
Chapter 2, Section 2.5 - Water Resources, previously did not include a purpose statement for
the Flood Plain zone. This amendment includes adoption of the "Statement of Purpose" from
the 2014 Oregon Model Flood Damage Prevention Ordinance. The adoption of the model code
provisions, including this purpose statement, was recommend by the Oregon Department
of Land Conservation and Development (DLCD). The Flood Plain zone is intended to be
responsive to NFIP requirements as well as state guidance and recommendations on the
implementation of these requirements.
The adopted text also states that the Flood Plain zone, "...provides secondary benefits
including riparian area conservation along rivers and streams for fish and wildlife and
preservation of significant scenic and natural resources". This is to acknowledge that the
Page 9 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
Flood Plain zone includes requirements that have incidental benefits to riparian habitats and
scenic resources, including but not limited to:
1) Requiring consideration of "natural resources" as part of conditional use review.
All "Flood plain development" is conditional and thus subject to this requirement.
2) Prohibiting development in the floodplain where non -floodplain sites are
available on-site. As most Flood Pain zoned lands are wholly mapped as
floodplain, this typically pushes developments back from rivers and riparian
habitats.
While these benefits are not insignificant, the primary protection of riparian natural and
scenic resources is implemented by 100 -foot structural setbacks from rivers; wetland
regulations that also protect the bed and banks of rivers; and the scenic provision of the
Landscape Management Combining Zone.
As described above, the Comprehensive Plan is being amended to recognize both the
primary purpose of the floodplain zone (reduce the risk of property loss) as well as secondary
benefits to riparian habitat. It is the nature of the national flood insurance program and the
need to ensure consistency with state/federal regulations, which thereby suggest that
riparian protection is best understand as a secondary benefit.
Text Amendment to Comprehensive Plan, Appendix B - Tumalo Community Plan.
The proposed text and map amendments remove reference to the flood plan
comprehensive plan designation because the flood plain will no longer be a primary zone.
Included is a reference to the flood plain zone purpose statement and secondary benefit to
riparian area conservation and preservation of significant scenic and natural resources in
Section 2.5. The amendment also changes the flood plain from primary zone to combining
zone. (See Exhibit D)
Text and Map Amendment to Comprehensive Plan, Newberry County: A Plan for
Southern Deschutes County.
The proposed text and map amendments remove reference to the flood plan
comprehensive plan designation because the flood plain will no longer be a primary zone.
Included is a reference to the flood plain zone purpose statement and secondary benefit to
riparian area conservation and preservation of significant scenic and natural resources in
Section 2.5. The amendment also changes the flood plain from a primary to combining
zone. (See Exhibits E and F)
B. Zone Change
Deschutes County Zoning Map Amendment
Page 10 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
The proposed zoning map amendment changes the flood plain from primary zone to
combining zone. Conversely, the primary zone for the areas previously zoned flood plan is
amended to reflect the corresponding comprehensive plan designation and primary zoning
of adjacent areas. Where the comprehensive plan designation is not identified, the nearest
and most similar zoning has been applied. (See Exhibit A)
C. Title 18, Zoning Text Amendments
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
The proposed amendments incorporate terminology related to current best practices
included in the 2014 Oregon Model Flood Damage Prevention Ordinance. Also included are
"housekeeping" amendments updating references to the current ordinance adopting the
new Flood Insurance Rate Maps (FIRM) and the change of the flood plain from primary zone
to combining zone. (See Exhibit H)
Chapter 18.12. ESTABLISHMENT OF ZONES
The amendment changes the flood plain from primary zone to combining zone. (See Exhibit
1)
Chapter 18.61. URBAN UNINCORPORATED COMMUNITY ZONE - LA PINE
The amendment changes the flood plain from primary zone to combining zone. (See Exhibit
D
Chapter 18.96. FLOOD PLAIN ZONE
The proposed amendments include:
• Section 18.96.010. Purposes.
o Changes the flood plain from primary zone to combining zone.
• Section 18.96.020. Purposes.
o Changes the flood plain from primary zone to combining zone.
Section 18.96.030. Uses Permitted Outright
Within the floodplain itself, all of the allowed uses and relating standards are relatively
similar under the proposed code as before, ad documented in Table 1.
o 18.936.030(A): Specifies the underlining primary zone to determine those uses
permitted outright in the zone.
Page 11 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
o 18.96.030(B): Specifies additional uses explicitly permitted outright in the zone.
0 18.96.030(B)(10): Lists the fill and removal activities identified in Deschutes County
Code (DCC)18.120.050, Fill and Removal Exceptions, that are permitted outright in
the zone.
0 18.96.030(B)(11): Provides exception to flood plain zone standards if the location
of development is located within the boundary of the Flood Plain Combining Zone
but determined to be located outside of the Area of Special Flood Hazard (aka 100 -
year flood plain).
o 18.96.030(13)(12): Allows any open fencing that is placed in the floodplain but
outside the floodway, provided there is no grading required to place the fence.
• Section 18.96.040. Conditional Uses Permitted
It may appear that there are additional uses permitted outright, however as
documented by Table 1 above, the additions are not in reality a change from the
current zoning scheme or otherwise does not potentially allow a "conflicting use."
o 18.96.040(A): Specifies the underlining primary zone determines uses permitted
as conditional uses in the zone.
o 18.96.040(B): Specifies a use permitted in Chapter 18.96 that includes "flood plain
development," as defined in Title 18, is a conditional use.
o 18.96.040(C): Identifies conditional uses specifically permitted in the zone.
• Section 18.96.070. Application for Conditional Use
o 18.96.070(A): Provides exception to the submission of flood elevation data if the
-
proposalexpresslyprecludes residential and non-residential construction in the
flood plain area and reflects the change of the flood plain from primary zone to
combining zone.
• Section 18.96.080. Criteria to Evaluate Conditional Uses
o 18.96.080(A): Changes the flood plain from primary zone to combining zone.
o 18.96.080(B): Clarifies other state and federal agencies that are involved in the
alteration and relocation of a water course shall be notified.
0 18.96.080(D)(3): Provides reference that on-site waste disposal systems shall be
located consistent with the Oregon Department of Environmental Quality as
specified in Oregon Administrative Rule (OAR) 340-071.
Page 12 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
0 18.96.080(E)(4): Provides exception to the submission of flood elevation data if the
proposal expressly precludes residential and non-residential construction in the
flood plain area.
0 18.96.080(G): Changes the flood plain from primary zone to combining zone.
0 18.96.080(G)(2): Requires a comprehensive Maintenance Plan for nonresidential
construction and an Emergency Action Plan (EAP) for the installation and sealing
of the structure.
0 18.96.080(G)(3): Provides Relief from elevation or floodproofing requirements for
small accessory structures that are less than 200 square feet in area, one story,
not temperature controlled, not used for human habitation, and several other use
and design standards. This recognizes that the risk to human safety and property
loss is relatively low for these structures and the additional design and cost
associated with elevation and floodproofing is not warranted under these specific
conditions and criteria.
0 18.96.080(G)(4) Reformats the standards applicable to manufactured dwellings
and the section is renumbered due to addition of new section (G)(3).
0 18.96.080(G)(5): Renumbered due to addition of new section (G)(3).
0 18.96.080(G)(6): Renumbered due to addition of new section (G)(3).
0 18.96.080(G)(7): Requires construction of new critical facilities shall be, to the
extent possible, located outside the limits of the Area of Special Flood Hazard.
"Critical Facility," as proposed, means a facility for which even a slight chance of
flooding might be too great. Critical facilities include, but are not limited to
schools, nursing homes, hospitals, police, fire and emergency response
installations, installations that produce, use or store hazardous materials or
hazardous waste. The purpose of this amendment is to prevent loss of or damage
to these critical facilities due to flooding and increase likelihood the facilities are
available during and after a flood event.
0 18.96.080(G)(8): Relocates standards applicable to incidental storage of materials
or equipment from section 18.96.040 and regulates the use as "flood plain
development," a conditional use.
• 18.96.090: Specifies the more restrictive yard and setbacks requirements of the flood
plain combining zone or the underlying primary zone(s) shall apply.
Page 13 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
• 18.96.110: Specifies the dimension standards of the underlying primary zone(s) shall
apply.
(See Exhibit K)
Chapter 18.113. DESTINATION RESORTS ZONE
Changes the flood plain from primary zone to combining zone. (See Exhibit Q
Chapter 18.116. SUPPLEMENTARY PROVISIONS
Changes the flood plain from primary zone to combining zone. (See Exhibit M)
Chapter 18.124. SITE PLAN REVIEW
• 18.124.030: Changes the flood plain from primary zone to combining zone. (See
Exhibit N)
Chapter 18.28. CONDITIONAL USE
• 18.128.200(B)(15): Requires a management plan for the "Riparian Area" as part of any
cluster development of property adjacent to a river, lake, or stream. The riparian area
management plan provides additional preservation, protection, and enhancement
for these sensitive areas by limiting development, uses, and alterations to the land.
A wildlife biologist shall prepare the plan.
• 18.128.200(6)(16): Requires area requiring a Riparian Area Management Plan
contained in one or more lots designated as open space on the plat of the
subdivision and held in common ownership of a homeowner's association of the
development. The amendment also specifies the open space can count towards
any open space requirements for Cluster Developments.
• 18.128.210(8)(9): Requires a management plan for the "Riparian Area" as part of any
planned development of property adjacent to a river, lake, or stream. The riparian
area management plan provides additional preservation, protection, and
enhancement for these sensitive areas by limiting development, uses, and alterations
to the land. A wildlife biologist shall prepare the plan.
• 18.128.210(6)(10): Requires area requiring a Riparian Area Management Plan
contained in one or more lots designated as open space on the plat of the subdivision
and held in common ownership of a homeowner's association of the development.
The amendment also specifies the open space can count towards any open space
requirements for Planned Developments.
Page 14 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
(See Exhibit O)
IV. REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative
plan and text amendment. Nonetheless, because this is a Deschutes County initiated
amendment, the County bears the responsibility for justifying that the amendments are
consistent with the Statewide Planning Goals and its Comprehensive Plan.
V. APPLICABLE CRITERIA
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
1. Section 22.12.010.
Hearing Required
FINDING: The Deschutes County Planning Commission held public hearings on April 13,
2017, and December 14, 2017. A public hearing before the Board of County Commissioners
(Board) was held on November 8, 2017.
2. Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a
newspaper of general circulation in the county at least 10 days
prior to each public hearing.
2. The notice shall state the time and place of the hearing and
contain a statement describing the general subject matter of
the ordinance under consideration.
FINDING: Notice was published in the Bend Bulletin newspaper on April 2, 2017 and
December 3, 2017 for the Planning Commission hearings and on October 29, 2017, for the
Board hearing. The notice contained the information described in DCC 22.12.020(A)(2).
B. Posted Notice. Notice shall be posted at the discretion of the Planning
Director and where necessary to comply with ORS 203.045.
FINDING: This criterion is met with notices posted on the bulletin board in the lobby of the
Deschutes County Community Development Department, 117 NW Lafayette, Bend.
Page 15 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
C. Individual notice. Individual notice to property owners, as defined in
DCC 22.08.010(A), shall be provided at the discretion of the Planning
Director, except as required by ORS 215.503.
FINDING: Individual notice was not initiated or required. Individual postcards were mailed
to all private property owners with flood plain zoned property to inform them of the
proposed changes with an invitation to scheduled open houses. Open houses were held at
various locations throughout the county prior to the formal legislative process.
D. Media notice. Copies of the notice of hearing shall be transmitted to
other newspapers published in Deschutes County.
FINDING: This criterion has been met as notice was provided to the County public
information official for wider media distribution.
3. Section 22 12 030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon
payment of required fees as well as by the Board of County Commissioners.
FINDING: This criterion is met as the application was initiated by the Deschutes County
Planning Division at the direction of the Board.
4. Section 22 12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative
changes in this order.
1. The Planning Commission.
2. The Board of County Commissioners.
FINDING: This criterion is met as the Planning Commission held public hearings on April 13,
2017, and December 14, 2017. The Board held its public hearing on November 8, 2017.
B. Any legislative change initiated by the Board of County
Commissioners shall be reviewed by the Planning Commission prior to
action being taken by the Board of Commissioners.
FINDING: This criterion is met as the initial Planning Commission public hearing preceded
the Board public hearing.
5. Section 22.12.050 Final Decision
Page 16 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
All legislative changes shall be adopted by ordinance
FINDING: Land use applications 247-17-000140-ZC, 247 -17 -000141 -PA, and 247 -17 -000142 -
TA are implemented by ordinance 2018-005. This criterion is met.
B. Statewide Planning Goals
The parameters for evaluating these specific amendments are based on an adequate factual
base and supportive evidence demonstrating consistency with Statewide Planning Goals.
The following findings demonstrate that Ordinance No. 2018-005 complies with applicable
statewide planning goals and state law.
• Goal 1, Citizen Involvement, is met through this adoption process because these
amendments received public hearings before the Planning Commission and the
Board, consistent with ORS 215.060 and DCC 22.12.010. In addition, open houses
were held throughout the county prior to the formal legislative process was initiated.
• Goal 2, Land Use Planning, is met because ORS 197.610 allows local governments
to initiate post acknowledgments plan amendments (PAPA). An Oregon Department
of Land Conservation and Development 35 -day notice was initiated on March 8, 2017,
and later amended on October 24, 2017. This FINDINGS document provides the
adequate factual basis and documented analysis for the zone change, plan
amendment, and zoning text amendment.
• Goal 3, Agricultural Lands, is not applicable because no changes to the EFU zone
are proposed.
• Goal 4, Forest Lands, is not applicable because no changes to the F-1 and F-2 zones
are proposed.
Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces:
As described in detail above, the County did not do an ESEE analysis because this
amendment does not allow new uses that could be conflicting. Within the floodplain
itself, all of the allowed uses and relating standards are relatively similar under the
proposed code as before. Finally, regarding split zoned properties, the proposed
code is consistent with the County's past interpretation.
Local governments are required to apply Goal 5 to a PAPA when the amendment
allows a new use and the new use "could be" a conflicting use with a particular Goal
5 resource site on an acknowledged resource list.4
Comments received argue development options in the areas upland and outside of
the flood plain combining zone, the open space for Cluster and Planned
Developments, and removal of the 80 -acre minimum parcel size represent conflicting
uses.
4 OAR 660-023-0250(3)(b)
Page 17 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
Finding: Upland development is not located within the flood plain combining zone
and any uses, including those associated with cluster and planned development,
including open space requirements and new land divisions, will be subject to the
applicable standards of the zone that continue to limit the type and extent of
development disturbance within the zone. Therefore, no conflicting uses are included
in these amendments.
Economic, Social, Environmental, and Energy Analysis
As described in detail above, the County did not do an ESEE analysis because this
amendment does not allow new uses that could be conflicting. Within the floodplain
itself, all of the allowed uses and relating standards are relatively similar under the
proposed code as before. Finally, regarding split zoned properties, the proposed
code is consistent with the County's past interpretation.
660-23-0030 - Inventory Goal 5 Resources
Finding: During periodic review, Deschutes County adopted Ordinance No. 92-041
and 92-042 concurrently to address fish and wildlife protection. These ordinances
amended the Wildlife Chapter of the Comprehensive Plan and established DCC 18.88,
Wildlife Area Combining Zone. Ordinance 92-041 adopted deer winter range,
antelope and elk habitat boundaries based on an Economic, Social, Environmental
and Energy (ESEE) analysis. In addition, Ordinance 92-042 acknowledged the
following ordinances, along with the Landscape Management Combining Zone, the
Oregon State Scenic Waterway and the Federal Wild and Scenic designations
implement measures to protect fish and waterfowl habitat in the Deschutes River, its
tributaries and inventories lakes:
• Ordinance No. 86-018 amended Ordinance No. PL - 15 to prohibit
hydroelectric facilities in designated stretches of the Deschutes River and its
- tributaries, and to allow hydroelectric facilities in designated stretches of the
Deschutes River and its tributaries, and to allow hydroelectric facilities as
conditional uses in designated zones and stretches of the Deschutes River.
(DCC 18.96 and 18.116.130 and 18.128.040(W)).
• Ordinance No. 86-053 amended PL - 15 requirements for rimrock setbacks.
(Title 18, all zones).
• Ordinance No. 86-054 amended Ordinance No. PL -15 to require conservation
easements as a condition of approval for land use actions on property
adjacent to certain rivers and streams. (DCC 18.116.310, Deschutes County
Code).
Page 18 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
• Ordinance No. 86-056 amended Ordinance No. PL -15 to require a conditional
use permit for any fill and removal, including removal of vegetation, within the
bed and banks of any stream or wetland. The bed and banks of a stream is
defined to include 10 feet on either side of the container of the waters of a
stream. (DCC 18.128.040(W)).
• Ordinance 88-031 amended PL - 15 to establish a new Flood Plain zone and
use restrictions. (DCC 18.96)
• Ordinance 89-009 established specific restrictions for boat docks, slips, piers
or houses in the Flood Plain zone. DCC 18.96 and 18.116.070. All zones in Title
18 have a stream setback provision to protect fish and wildlife areas. The
setback requirement is 100 feet from the ordinary high water mark along all
streams or lakes. The provision applies to all structures and sewage disposal
installations. DCC 18.84, Landscape Management Zone requires retention of
existing vegetation to screen development form the river or stream. The
retention of vegetation can provide a buffer between development and the
nesting and feeding sites of waterfowl.
• Ordinance 89-030 amended the Deschutes County Comprehensive Plan for
Flood Hazard zones.
• Ordinance 92-040 added the following policy to the Fish and Wildlife policies
of the Deschutes County Year 2000 Comprehensive Plan: The county shall
work with the Oregon Department of Fish and Wildlife (ODFW) and the
Deschutes Basin Resource Committee to review existing protection of riparian
and wetland area vegetation and recommend comprehensive plan and
ordinance amendments, if necessary, by December 31, 1993.
• Ordinance 92-042 adopted the Sensitive Bird and Mammal Habitat Combining
Zone, DCC18.90. This zone insures that sensitive habitat areas identified in the
County's Goal 5 sensitive bird and mammal inventory as critical for the survival
of the northern bald eagle, great blue heron, golden eagle, prairie falcon,
osprey, great grey owl, and the Townsend's big -eared bat are protected from
the effects of conflicting uses or activities which are not subject to the Forest
Practices Act.
• Ordinance 92-045 adopted the U. S. Fish and Wildlife Service National
Wetlands Inventory maps for Deschutes County as the inventory of wetlands
in the county.
Based on the ordinances listed above, Deschutes County continues to protect
significant Goal 5 resources in riparian and wetland areas. These protections include,
Page 19 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
but are not limited to, a 100 -foot setback from and conservation easements along
select rivers and streams, protections of mapped wetland, limitations on
development in the flood plain, and landscape management design review.
If development is located within the flood plain combining zone, there are specific
standards that mitigate development impacts on riparian ecosystems and wetlands.
In addition, cluster and planned developments require the majority of the property
be retained as open space and a riparian area management plan to provide additional
protection, preservation, and enhancement of the sensitive areas.
660-023-0250 - Applicability
(2) The requirements of this division are applicable to PAPAs initiated on or after
September 1, 1996. OAR 660, Division 16 applies to PAPAS initiated prior to
September 1, 1996. For purposes of this section "initiated" means that the local
government has deemed the PAPA application to be complete.
Finding: Deschutes County initiated a PAPA in 2017. This rule applies.
(3) Local governments are not required to apply Goal 5 in consideration of a PAPA
unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA
would affect a Goal 5 resource only if.•
(b) The PAPA allows new uses that could be conflicting uses with a particular
significant Goal 5 resource site on an acknowledged resource list,
Finding: Deschutes County is amending the Comprehensive Plan, Zoning Map, and
Title 18. The amendments convert the flood plain zone to combining zone, adopt
provisions of the 2014 Oregon Model Flood Damage Prevention Ordinance, address
inconsistencies created by the conversion to a combining zone, correct errors, and
add provisions for cluster and planned developments on property that contains flood
plain zoning. Deschutes County is therefore required to apply Goal 5 in consideration
of this PAPA.
As described in detail above, the County did not do an ESEE analysis because this
amendment does not allow new uses that could be conflicting. Within the floodplain
itself, all of the allowed uses and relating standards are relatively similar under the
proposed code as before, ad documented in Table 1. Finally, regarding split zoned
properties, the proposed code is consistent with the County's past interpretation.
660-23-0040 - ESEE Decision Process
(1) Local governments shall develop a program to achieve Goal 5 for all significant
resource sites based on an analysis of the economic, social, environmental, and
Page 20 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
energy (ESEE) consequences that could result from a decision to allow, limit, or
prohibit a conflicting use.
(a) Identify the conflicting uses;
(b) Determine the impact area;
(c) Analyze the ESEE consequences;
(d) Develop a program to achieve Goal S.
Finding: Deschutes County has already developed a program to achieve Goal 5 for
significant sites related to fish and wildlife habitat and scenic view protections. This
amendment does not significant alter that existing program, nor does this
amendment give rise to a "new conflicting use" necessitating a new ESEE analysis.
• Goal 6, Air, Water and Land Resources Quality and Goal 7, Natural Hazards are
met because the County has other code provisions pertaining to development in the
flood plan combining zone that are designed to protect air, water and land resources
quality and to assure that they are not approved in areas subject to natural resources
and natural hazards.
• Goal 8, Recreational Needs, is not applicable because proposed changes are not
addressing a recreational use or need.
• Goal 9, Economic Development, is met because the development within the flood
plain combining zone remains available but limited. The amendments may result in
additional land divisions and related development but such opportunities are
extremely limited due to required minimum parcel sizes and existing development
patterns. In addition, the amendments will not result in significant industrial or
commercial developments due to rural zoning restrictions.
• Goal 10, Housing is not applicable because, unlike municipalities, unincorporated
areas are not obligated to fulfill certain housing requirements.
• Goal 11, Public Facilities is not applicable because the proposed changes are not
specific to a particular use. With that said, in the rural county development typically
relies on domestic wells and onsite wastewater treatment systems. A Goal 11
exception would be required for a centralized sewer system.
• Goal 12, Transportation, is addressed during land use review for a development
proposal. The County has a code provision that pertains to Traffic Impact Studies, DCC
18.116.310 and a Board Resolution, 2013-020, which sets a transportation system
development charge rates of $3,937 per peak hour trip.
Page 21 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
• Goal 13, Energy Conservation, is addressed during land use review for development
and compliance with applicable zoning and development standard and application of
the Uniform Building Code.
• Goal 14, Urbanization, is not applicable because no expansion of an urban area is
proposed with these amendments.
• Goals 15 through 19 are not applicable to any amendments to the County's
comprehensive plan because the county has none of those types of lands.
B. Deschutes County Comprehensive Plan
Chapter 2, Resource Management
Section 2.5, Water Resources
2.5.10 Support educational efforts and identify areas where the County could provide
information on the Deschutes River ecosystem, including rivers, riparian areas,
floodplains and wetlands.
a. Explore methods of ensuring property owners know and understand regulations
for rivers, riparian areas, floodplains and wetlands.
FINDING: The amendment process provided an opportunity to ensure property owners
know and understand development regulations as they pertain to riparian areas, floodplains,
and wetlands. Individual postcards were mailed to all private property owners with flood
plain zoned property to inform them of the proposed changes and scheduled open houses.
Open houses were held at various locations throughout the county prior to the formal
legislative process. Staff presented an overview of the proposed amendments and
administration of the flood plain zone.
2.5.16 Use a combination of incentives and/or regulations to mitigate development
impacts on river and riparian ecosystems and wetlands.
FINDING: The flood plain combining zone limits development and establishes standards to
mitigate impacts. DCC 18.96.060(B) requires that no new construction of a dwelling,
accessory structure or farm use structure shall be located in the flood plain unless it can be
demonstrated that no alternative exists that would allow the structure to be placed outside
of the flood plain. If development is located within the flood plain combining zone, there are
specific standards that mitigate development impacts on riparian ecosystems and wetlands.
In addition, cluster and planned developments require the majority of the flood plain be
retained as open space and a riparian area management plan to provide additional
protection, preservation, and enhancement of the sensitive areas.
Section 2.6, Wildlife
Page 22 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
2.6.4 Support incentives for restoring and/or preserving significant wildlife habitat by
traditional means such as zoning or innovative means, including land swaps,
conservation easements, transfer of development rights, tax incentives or purchase
by public or non-profit agencies.
FINDING: Cluster and planned unit developments that include flood plain zoning are
required to provide a riparian area management plan. The provision of the riparian area
management plan, along with the required open space, allow the development to have a
greater unit density in return for great flood plain protection. This additional density is an
incentive to provide protections and open space, managed by a home owners association,
than otherwise required.
Section 2.7, Open Spaces, Scenic Views and Site
2.7.4 Encourage new development to be sensitive to scenic views and sites.
FINDING: The setback standards for the flood plain and landscape management combining
zones require a 100 -foot buffer adjacent to the river. A cluster or planned development
require a riparian area management plan and open space managed by a home owners
association. Both of these requirements provide additional riparian and wetland
preservation, protection, and enhancement by limiting incidental impacts.
2.7.6 Review County Code and revise as needed to protect open space and scenic views
and sites, including.
b. Work with private property owners to provide incentives and mitigations for
protecting visually important areas from development impacts.
e. Review County Code for ways to mitigate for developments that significantly
impact scenic views.
FINDING: The setback requirements of the flood plain zone remain with the conversion to
a combining zone. The building heights allowed for development within the flood plain
combining zone will be determined by the primary zone of the property. These standards,
along with the setback standards associated with the landscape management and wildlife
area combining zones, protect open space and scenic views and sites. In addition, cluster
and planned developments require the majority of the flood plain be retained as open space
with a riparian area management plan. These two mechanisms provide additional
protection, preservation, and enhancement of sensitive riparian and wetland areas.
Chapter 3, Resource Management
Section 3.3, Rural Housing
3.3.4 Encourage new subdivisions to incorporate alternative development patterns, such
as cluster development, that mitigate community and environment impacts.
Page 23 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
FINDING: The amendment allows cluster and planned developments on properties that are
located in the flood plain combining zone if the primary zone permits such development.
Cluster and planned developments require the majority of the flood plain be retained as
open space with a riparian area management plan. These two mechanisms provide
additional protection, preservation, and enhancement of sensitive riparian and wetland
areas.
Section 3.5, Natural Hazards
3.5. 10 Regulate development in designated f/oodplains identified on the Deschutes County
Zoning Map based on Federal Emergency Management Act regulations.
a. Participate in and implement the Community Rating System as part of the
National Flood Insurance Program.
FINDING: The flood plain combining zone will continue regulating and restricting
development within its boundary. The amendment incorporates provisions of the 2014
Oregon Model Flood Damage Prevention Ordinance. Administration of the flood plain
combining zone demonstrates the County's commitment to participation and
implementation of the County Rating System as part of the National Flood Insurance
Program.
3.5.11 Review and revise County Code as needed to:
f. Make the Floodplain Zone a combining zone and explore ways to minimize and
mitigate floodplain impacts.
FINDING: The amendment makes the flood plain zone a combining zone. Development
options will continue to be limited. If development in the flood plain combining zone is
proposed, there are specific and strict development standards to minimize and mitigate
floodplain impacts. The standards include flood elevation, flood proofing, additional
setbacks, and other design elements. In addition and as previously noted, cluster and
planned developments are required to provide a riparian area management plan for
additional protection, preservation, and enhancement of sensitive riparian and wetland
areas.
Page 24 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
< Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of September 19, 2018
DATE: September 13, 2018
FROM: Matthew Martin, Community Development, 541-330-4620
TITLE OF AGENDA ITEM:
FIRST AND SECOND READING: Ordinance No. 2018-005 - Flood Plain Zone Amendments
ATTENDANCE: Matthew Martin, Associate Planner
SUMMARY: The Board of Commissioners will consider first and second reading of Ordinance
No. 2018-005 with adoption of by emergency. The ordinance includes amendments to the
Deschutes County Comprehensive Plan, Zoning Map, and Zoning Ordinance associated with the
conversion of the Flood Plain zone from a primary zone to a combining zone.
E �-o
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Matthew Martin, AICP, Associate Planner
DATE: September 19, 2018
SUBJECT: Consideration of First and Second Reading of Ordinance No. 2018-005 with Adoption
by Emergency - Flood Plain Zone Amendments
The Board of Commissioners (Board) will consider first and second reading of Ordinance No. 2018-
005 with adoption of by emergency on September 19, 2018. The ordinance includes amendments
to the Deschutes County Comprehensive Plan, Zoning Map, and Zoning Ordinance associated with
the conversion of the Flood Plain zone from a primary zone to a combining zone.
Background:
On September 12, 2018, the Board completed deliberations on the proposed amendments. During
deliberations, the Board directed staff to include the following changes to the proposed
amendments:
• Exhibit K, Chapter 18.96. Section 18.96.040(C)(5) identifies subdividing or partitioning of
lands as a conditional use. This section is revised to explicitly include cluster and planned
developments if permitted in the underlying primary zone.
• Exhibit O. Chapter 18.128. Sections 18.128.200(B)(1 5),18.128.200(B)(15)(e) 18.128.210(B)(9),,
and 18.128.210(B)(9)(e) identify requirements for riparian area management plans
associated with cluster and planned developments. These sections are revised removing the
requirement to enhance riparian areas and resources.
The identified changes are included in the attached ordinance.
This ordinance is prepared for emergency adoption, effective 21 days from adoption, in response
to the Board's direction at the September 12, 2018 deliberation.
Attachment:
1. Ordinance No. 2018-005
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
8®� (541) 388-6575 iaa cdd@deschutes.org @ www,deschutes.org/cd