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Home My WebLink AboutOrdnc 009 - Housekeeping PAGE 1 OF 3 - ORDINANCE NO. 2014-009 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18 to Incorporate "Housekeeping" Changes that Correct Errors and Provide Clarification of Existing Regulations, Procedures, and Policies. * * * * * * * ORDINANCE NO. 2014-009 WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. TA-14-1) to the Deschutes County Code (DCC) Title 18, Chapter 18.04, Definitions; Chapter 18.80, Airport Development Zone; 18.110, Resort Community; and Chapter 116, Supplementary Provisions to incorporate “housekeeping” changes correct errors and provide clarification of existing regulations, procedures, and policies; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on February 27, 2014 and forwarded to the Deschutes County Board of Commissioners (Board), a recommendation of approval; and WHEREAS, The Board considered this matter after a duly noticed public hearing on April 2, 2014, and concluded that the public will benefit from the proposed changes to DCC Title 18; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Chapter 18.04 is amended to read as described in Exhibit “A,” attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 2. AMENDMENT. DCC Chapter 18.80 is amended to read as described in Exhibit “B,” attached hereto and by this referenced incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 3. AMENDMENT. DCC Chapter 18.110 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 strikethrough. Section 4. AMENDMENT. DCC Chapter 18.116 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 strikethrough. REVIEWED ______________ LEGAL COUNSEL PAGE 2 OF 3 - ORDINANCE NO. 2014-009 Section 5. FINDINGS. The Board adopts as its findings Exhibit “B” of Ordinance 2014-012 and incorporated by reference herein. /// PAGE 3 OF 3 - ORDINANCE NO. 2014-009 Dated this _______ of ___________, 2014 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ______________________________________ TAMMY BANEY, CHAIR ______________________________________ ANTHONY DEBONE, VICE CHAIR ATTEST: ______________________________________ Recording Secretary ______________________________________ ALAN UNGER, COMMISSIONER Date of 1 st Reading: _____ day of ____________, 2014. Date of 2 nd Reading: _____ day of ____________, 2014. Record of Adoption Vote Commissioner Yes No Abstained Excused Tammy Baney ____ ____ _____ _____ Anthony DeBone ____ ____ _____ _____ Alan Unger ____ ____ _____ _____ Effective date: _____ day of ____________, 2014. ATTEST: ______________________________ Recording Secretary Exhibit A to Ordinance No. 2014-009 Exhibit A Section 18.04.030. Definitions: … "Incidental Horse events" means any exhibition or competition done in conjunction with the stabling or training of horses involving horses whose purpose is to test and/or advance the skills of a horse and/or its rider, such as but not limited to horse shows exhibitions in connection with riding lessons or training conducted on the premises, schooling events, horse training seminars or clinics, open houses, or cutting competitions, rodeos or jackpot roping contests. “Incidental horse events” shall not include any show, exhibition or competition that is commercial in character, that requires entrance or admission fees that are more than nominal fees, or that is recognized, sanctioned or endorsed by any governing body or organization for equine sporting events. … "Stabling or training equines" as used in the definition of "farm use" means the use of land incidental to involving the pasturing, keeping, boarding, management or training of horses. For the purposes of this definition, incidental horse events, as defined herein are deemed to be an incident of stabling or training equines. Exhibit B to Ordinance No. 2014-009 Exhibit B Chapter 18.80 AIRPORT SAFETY COMBINING ZONE – AS … 18.80.078. FAA Notification (Form 7460-1). A. Federal Aviation Regulation (FAR) Part 77 requires that anyone proposing to construct anything which may obstruct the use of airspace by aircraft to provide a notice to that effect to the FAA. In addition, OAR 738.070.0060 requires notice also be sent to the Oregon Department of Aviation. Generally, construction proposals in the vicinity of airports may obstruct airspace. Notice to the FAA and Oregon Department of Aviation is required for anything which may affect landing areas, either existing or planned, which are open to the public, or are operated by one of the armed forces. B. FAA Form 7460-1 "Notice of Proposed Construction or Alteration" is the notification form. It is to be submitted by the applicant directly to the FAA and Oregon Department of Aviation. Forms are available from the Oregon Department of Aviation or the Northwest Regional Office of the FAA. C. FAA Form 7460-1 should be submitted if the proposed construction or alteration meets the following criteria: 1. Anything over 200' AGL (above ground level at the site). 2. Proposals in the vicinity of an airport, if the proposal would be higher than a slope from the nearest point on a runway and increasing its elevation at a ratio of: Longest Runway Proximity to Runway Slope > 3,200’ Within 20,000’ 100 to 1 3,200’ or less Within 10,000’ 50 to 1 For a Heliport Within 5,000’ 25 to 1 Exhibit C to Ordinance No. 2014-009 Exhibit C Chapter 18.110. RESORT COMMUNITY ZONE … 18.110.020. Seventh Mountain/Widgi Creek Resort District. Exhibit D to Ordinance No. 2014-009 Exhibit D Chapter 18.116. SUPPLEMENTARY PROVISIONS … 18.116.240. Protection of Historic Sites. Historic sites listed and described on the County's Goal 5 inventory, contained in the Resource Element of the comprehensive plan, shall be protected or not protected in accordance with programs set forth in the ESEE determinations for each individual site, adopted as part of the Resource Element of the comprehensive plan and any comprehensive plan policies specifically applicable to the site, and as specified in DCC Chapter 2.28, Historic Preservation and Historic Landmarks Commission. The uses allowed and dimensional standards prescribed by the underlying zoning designations for designated historic sites are not otherwise affected by the historic designation.