HomeMy WebLinkAboutOrdnc 009 - Housekeeping - Title 18e'fE
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 23, 2014
DATE: April 16, 2014
FROM: Matthew Martin CDD 541-330-4620
TITLE OF AGENDA ITEM:
Consideration of First Reading by title only of Ordinance Nos. 2014-009,2014-011,2014-012,
Amending Deschutes County Code (DCC) Titles 18, 22, and 23 to incorporate "housekeeping" changes
that correct errors and provide clarification of existing regulations, procedures, and policies.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Planning Division has compiled "housekeeping" text amendments based on our experiences with
current code language. The amendments are an effort to correct noted errors and provide clarification
to existing land use regulations and policies. These housekeeping amendments do not alter the
permitted uses or use standards of the code. Additionly, no state statutes, rules, or land use goals apply
to these changes. Three ordinances are required to make changes to DCC Titles 18,22, and 23.
The Board of County Commissioners held a public hearing on April 2, 2014, and directed staff to make
various changes to the text in the ordinances. Those changes were made and the attached ordinances
reflect those changes. Therefore, the Board may conduct the first reading of each of the ordinances.
The second reading will be no later than 13 days from the first reading and it is expected that the
adoption of the ordinances will be on that same day. The ordinances will become effective 90 days
after the adoption.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Motion 1: Approval of first reading by title only of Ordinance No. 2014-012.
Motion 2: Approval of first reading by title only of Ordinance No. 2014-009.
Motion 3: Approval of first reading by title only of Ordinance No. 2014-011.
ATTENDANCE: Matthew Martin and Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Matt Martin, CDD
REVIEWED
~
LEGAL COUNSEL
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 * ORDINANCE NO. 2014-009
Correct Errors and Provide Clarification of Existing *
Regulations, Procedures, and Policies. *
WHEREAS, the Deschutes County Community Development Department (COD) initiated amendments
(Planning Division File No. TA-14-1) to the Deschutes County Code (DCC) Title 18, Chapter 18.04,
Definitions; Chapter 18.80, Airport Development Zone; 18.110, Resort Community; and Chapter 116,
Supplementary Provisions to incorporate "housekeeping" changes correct errors and provide clarification of
existing regulations, procedures, and policies; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on February
27, 2014 and forwarded to the Deschutes County Board of County Commissioners ("Board"), a
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on April 2, 2014, and
concluded that the public will benefit from the proposed changes to Deschutes County Code ("DCC") Title 18;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.04030, Definitions, is amended to read as described in Exhibit
"A," attached hereto and by this reference incorporated herein, with new language underlined and language to
be deleted in strikethrough.
Section 2. AMENDMENT. DCC 18.80.078, FAA Notification (Form 7460-1), is amended to read as
described in Exhibit "B," attached hereto and by this referenced incorporated herein, with new language
underlined and language to be deleted in strikethrough.
Section 3. AMENDMENT. DCC 18.110.020, Seventh MountainlWidgi Creek Resort District, is
amended to read as described in Exhibit "C," attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in strikethrough.
Section 4. AMENDMENT. DCC 18.116.240, Protection of Historic Sites, is amended to read as
described in Exhibit "0," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strikethrough.
PAGE 1 OF 2 -ORDINANCE NO. 2014-009
III
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Section 5. FINDINGS. The Board adopts as its findings Exhibit "E" of Ordinance 20 J4-0 12 and
incorporated by reference herein.
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 1st Reading: __day of _____:, 2014.
Date of 2nd Reading: __day 2014.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger
Effective date: __day of _____~,. 2014.
PAGE 2 OF 2 -ORDINANCE NO. 2014-009
"****,, Denotes portions ofthis Section not amended by Ordinance 2014-009.
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 the whose purpose ofwhioh 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 orjaokpot ropiHg oontests. "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
iHvoiviHg 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.
****
(prd. 2014-009 §l, 2014; Ord. 2013-008 §1, 2013; Ord. 2012-007 §1, 2012; Ord. 2012-004 §1, 2012;
Ord. 2011-009 §I, 2011; Ord. 2010-022 §I, 2010; Ord. 2010-018 §3, 2010, Ord. 2008-007 §1, 2008; Ord.
2008-015 §I, 2008; Ord. 2007-005 §I, 2007; Ord. 2007-020 §1, 2007; Ord. 2007-019 §1, 2007; Ord.
2006-008 § 1,2006; Ord. 2005-041 § 1,2005; Ord. 2004-024 § 1,2004; Ord. 2004-001 § 1,2004; Ord.
2003-028 §1, 2003; Ord. 2001-048 §1, 2001; Ord. 2001-044 §2, 2001; Ord. 2001-037 §1, 2001; Ord.
2001-033 §2, 2001; Ord. 97-078 §5, 1997; Ord. 97-017 §1, 1997; Ord. 97-003 §1, 1997; Ord. 96-082 §1,
1996; Ord. 96-003 §2, 1996; Ord. 95-077 §2, 1995; Ord. 95-075 §1, 1975; Ord. 95-007 §1, 1995; Ord.
95-001 §1, 1995; Ord. 94-053 §1, 1994; Ord. 94-041 §§2 and 3, 1994; Ord. 94-038 §3, 1994; Ord. 94-008
§§1,2,3,4,5,6, 7and8, 1994; Ord. 94-001 §§1,2,and3, 1994; Ord. 93-043 §§1, lAand IB, 1993;
Ord. 93-038 §1, 1993; Ord. 93-005 §§1 and 2,1993; Ord. 93-002 §§l, 2 and 3,1993; Ord. 92-066 §1,
1992; Ord. 92-065 §§ 1 and 2, 1992; Ord. 92-034 § I, 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 §l, 1991; Ord. 91-002 §11, 1991;
Ord. 90-014 §2, 1990; Ord. 89-009 §2, 1989; Ord. 89-004 §I, 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 §l, 1986; Ord. 86-018 §1, 1986; Ord. 85-002 §2, 1985; Ord. 84-023 §1, 1984; Ord. 83-037 §2,
1983; Ord. 83-033 §I, 1983; Ord. 82-013 §1, 1982)
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Page 1 of 1-EXHIBIT A TO ORDINANCE NO. 2014-009
18.80.078. FAA Notification (Form 7460-1).
A. Federal and State Notice.
Federal Aviation Regulation (FAR) Part 77 requires that anyone proposing to construct anything
which may obstruct the use of airspace by aircraft to provide a notice to that effect to the FAA. In
addition, OAR 738.070.0060 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, ifthe proposal would be higher than a slope from the
nearest point on a runway and increasing its elevation at a ratio of:
Proximity to SlopeLongest Runway Runway
> 3,200' Within 20,000' 100 to 1
3,200' or less Within 10,000' 50 to 1
For a Heliport Within 5,000' 25 to 1
D. For identification purposes, Deschutes County has established FAA Notification Areas around each
of the public use airports within Deschutes County. The boundaries ofthese areas are based on the
runway length. If a proposed construction project is located in one of these areas, the applicant shall
determine if the height of the proposed project will require FAA notification as per DCC
18.80.076(C). In Deschutes County, each ofthe public-use airports has a runway longer than 3,200
feet. Therefore, each FAA notification area includes all land within 20,000 feet of each airport's
runway(s), and the slope to be used is 100 to 1.
E. FAA notification is NOT required for any of the following construction or alteration:
1. Any object that would be shielded by existing structures of a permanent and substantial character
or by natural terrain or topographic features of equal or greater height, and would be located in
the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt
that the structure so shielded will not adversely affect safety in air navigation.
2. Any antenna structure of 20 feet or less in height except one that would increase the height of
another antenna structure.
3. Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or
meteorological device, of a type approved by the Administrator, or an appropriate military service
on military airports, the location and height of which is fixed by its functional purpose.
4. Any construction or alteration for which notice is required by any other FAA regulation.
(Ord. 2014-009 §2, 2014; Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)
Page 1 of 1 -EXHIBIT B TO ORDINANCE NO. 2014-009
18.110.020. Seventh Monntain/widgi Creek Resort District.
The following uses and their accessory uses are permitted subject to the applicable provisions of DCC
18.110.060:
A. Single-family dwelling.
S. Residential home.
C. Residential facility.
D. Timeshare units.
(Ord. 2014-009 §3, 2014; Ord. 2001-048 §2, 2001)
Page 1 of 1-EXHIBIT C TO ORDINANCE NO. 2014-009
18.116.240. Protection of Historic Sites.
Historic sites listed and described on the County's GoalS 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.
COrd. 2014-009 §4, 2014; Ord. 94-030 §1, 1994)
Page 1 of 1-EXHIBIT D TO ORDINANCE NO. 2014-009