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88-18190
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTrSCOUNTY, OREGO]
C.
An Ordinance Amending Ordi- * 0093 143
nance No. PL -20, the Deschutes* 88 AUG 17 PH 2: 57
County Year 2000 Comprehensive*
Plan, REvising Provisions Re- * VIARY SUE' r-SNI,01 3 1V
lating to Flood Hazards, and *COU _{ x •,�. .QEF
Declaring an Emergency.
ORDINANCE NO. 88-031
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. The "Natural Hazards -Flooding" section of the
"Growth Management" chapter of Ordinance No. PL -20, the Deschutes
County Year 2000 Comprehensive Plan, as amended, is further
amended to read as follows:
01. The flood hazard areas of Deschutes county are
subject to periodic inundation which may result
in loss of life and property, health and safety
hazards, disruption of commerce and governmental
services, extraordinary public expenditures for
flood protection and relief, and impairment of the
tax base, all of which adversely affect the public
health, safety and general welfare.
02. These flood losses are caused by the cumulative
effect of obstructions in areas of special flood
hazards, which increase flood heights and veloci-
ties, and when inadequately floodproofed, elevated
or otherwise protected from flood damage, also
contribute to the flood loss.
"3. In order to accomplish the purposes of this plan,
the Zoning Ordinance shall provide for:
A. Restricting or prohibiting uses which are
dangerous to health, safety and property due
to water or erosion hazards, or which result
in damaging increase in erosion or in flood
heights or velocities;
B. Requiring that uses vulnerable to floods,
including facilities which serve such uses,
be protected against flood damage at the
time of initial construction;
1 - ORDINANCE NO. 88-031
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ti,, ,Q !LMED
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C. Controlling the alteration of natural flood
plains, stream channels and natural protec-
tive barriers, which help accommodate or
channel floodwaters;
D. Controlling filling, grading, dredging and
other development which may increase flood
damage; and
E. Preventing or regulating the construction of
flood barriers which will unnaturally divert
floodwaters or may increase flood hazards in
other areas.
04. No structures shall be allowed in areas except
areas of shallow flooding. Fill should be allowed
in the flood plain only to the extent that it is
necessary to allow for utility facilities and
stream bank stabilization which cannot be located
outside of the flood plain. All uses which could
have any effect upon the hazards set forth above
shall be conditional uses and subject to rigorous
review to insure that use of the flood plain is
only a last resort to allow necessary facilities
and some beneficial use of pre-existing lots of
record.
"5. No new parcels shall be created which would allow
the construction of new dwelling units in the
flood plain.
"6. Only variances to dimensional standards of a lot
or setback restrictions shall be considered. No
use variance or variances to the minimum standards
established by the Federal Emergency Management
Agency shall be allowed.
"7. The areas of special flood hazard identified by
the Federal Insurance Administration in a scienti-
fic and engineering report entitled "The Flood
Insurance Study for Deschutes County", with
accompanying Flood Insurance Maps, is hereby
adopted by reference and declared to be a part of
this Ordinance. The Flood Insurance Study is on
file at the Deschutes County Community Develop-
ment Department Planning Division.
08. The Flood Plain Zone shall include all areas
designated as "Base Flood" areas by the Flood
Insurance Study for Deschutes County. When Base
Blood data has not been provided in accordance
with the Flood Insurance Study for Deschutes
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0093 1438
County, the basis for establishing the Flood
Plain Zone shall be based upon any base flood
information or floodway date reasonably available
from a federal, state or other source.
Section 3. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
DATED this /` /2
01 day of , 1988.
BOARD OF COUNTY COMMISSIONERS
OFAESCHT,TMS COUNTY-,) OREGON
LOIS, RI$TQW PRANTE, Commissioner
ATT ST: TONSROOP �C issioner
Recording Secretary CK UDL N, hairman
3 - ORDINANCE NO. 88-031