HomeMy WebLinkAbout92-025REVIEWED
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adopting Title 18,
Deschutes County Zoning Ordinance,
of the Deschutes County Code,
to Implement the LCDC Forest Rule,
and Declaring and Emergency.
92-12522 0111=1803
ORDINANCE NO. 92-025
WHEREAS, Deschutes County has an acknowledged Comprehensive
Plan providing for implementation of Goal 4 through the Forest Rule
promulgated by the Land Conservation and Development Commission;
WHEREAS, in implementing the Forest Rule it is necessary to
amend certain provisions of Title 18 of the Deschutes County Code,
known as the Deschutes County Zoning Ordinance No. PL -20, relating
to forest lands;
WHEREAS, public hearings have been held consistent with the
requirements of state law concerning implementation of the Forest
Rule in Deschutes County; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ORDAINS
as follows:
Section 1. ADOPTION OF AMENDMENTS TO CHAPTER 18.04. Section
18.04.030, Definitions, of the Deschutes County Code, as amended,
known as the Deschutes County Zoning Ordinance, is further amended
to replace the definition of "Forest Lands" with a new definition,
and to add as new definitions "Forest Practice," "Forest
Operation," "Commercial Forest Land," "Auxiliary," and "necessary
for," all as set forth in Exhibit "A" attached hereto and by this
reference attached herein.
Section 2. ADOPTION OF AMENDMENTS TO CHAPTER 18.36. Title 18
of the Deschutes County Code, known as the Deschutes County Zoning
Ordinance, as amended, is further amended by replacing Chapter
18.36, F-1 Zone, with the provisions set forth in Exhibit "B,"
attached hereto and by this reference incorporated herein.
Section 3. ADOPTION OF AMENDMENTS TO CHAPTER 18.40. Title 18
of the Deschutes County Code, known as the Deschutes County Zoning
Ordinance, as amended, is further amended by replacing Chapter
18.40, F-2 Zone, with the provisions set forth in Exhibit "C,"
attached hereto and by this reference incorporated herein.
Section 4. REPEAL OF CHAPTER 18.44.
of Title 18 of the Deschutes County Code,
Deschutes County Zoning Ordinance, is
entirety.
1 - ORDINANCE NO. 92-025 (4/15/92)
Chapter 18.44, F-3 Zone,
as amended, known as the
hereby repealed in its
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0111-1804
Section 5. ADOPTION OF AMENDMENTS TO CHAPTER 18.12. Section
18.12.010, Establishment of Zones, is amended to read as follows:
"18.12.010 Establishment of Zones.
For the purposes of this title, the following zones
are hereby established:
Zones
Exclusive Farm Use Zones
Multiple Use Agriculture
Forest Use
Forest Use
[Forest Use
Open Space/Conservation
Surface Mining
Surface Mining Impact Area
Rural Residential
Rural Service Center
Rural Service Residential
Rural Service Residential -5
Airport Development
Airport Height Combining Zone
Landscape Management Combining
Wildlife Area Combining
Conventional Housing
Flood Plain
Rural Industrial
Research and Development
Planned Community Zone
Limited Use Combining Zone
Destination Resort
Section 6. ADOPTION OF AMENDMENT
18.128 of the Deschutes County Code,
Deschutes County Zoning Ordinance, is
18.128.040(G)(a) to read as follows:
"G. Home Occupations.
Abbreviations
EFU
MUA
F-1
F-2
F-3]
OS &C
SM
SMIA
RR -10
RSC
RSR -M
RSR -5
A -D
A -H
LM
WA
CH
FP
RI
R&D
PC
LU
DR"
TO CHAPTER 18.128.
as amended, known
amended to replace
a. The home occupation is to be secondary to
the [outright uses] residential or other use
for which a dwelling has been permitted [in
the zone in which the property is located].
It shall be conducted only by members of the
family residing on the property. The home
occupation shall be conducted in such a way
that it has no adverse impact on the
residential or in resource zones resource -
oriented character of its location."
2 - ORDINANCE NO. 92-025 (4/15/92)
Chapter
as the
Section
0111.=1805
Section 7. ADOPTION OF AMENDMENT TO CHAPTER 18.128. Chapter
18.128 of Title 18 of the Deschutes County Code, as amended, known
as the Deschutes County Zoning Ordinance, is amended to replace
Section 18.128.040(P)(b) with the language set forth in Exhibit
"D," attached hereto and by this reference incorporated herein.
Section 8. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express or implied, of any ordinance,
ordinance provision, or code section by this ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability incurred under such ordinance, unless a provision of this
ordinance shall so expressly provide, and such ordinance repealed
shall be treated as still remaining in force for the purpose of
sustaining any proper action or prosecution for the enforcement of
such duty, condition, penalty, forfeiture, or liability, and for
the purpose of authorizing the prosecution, conviction and
punishment of the person or persons who violated the repealed
ordinance.
Section 9. SEVERABILITY. The provisions of this ordinance
are severable. If any section, sentence, clause, or phrase of this
ordinance is adjudged to be invalid by a court of competent
jurisdiction that decision shall not affect the validity of the
remaining portions of this ordinance.
Section 10. CORRECTIONS. This ordinance may be corrected by
order of the Board of County Commissioners to cure editorial and
clerical errors and to insert appropriate legislative history
references.
Section 11. 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 takes effect
on its passage.
DATED this day of April, 199
BOARD OF/COUNTY COMMISSIONERS
OF DFwCHPTES COUNTY, OREGON
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sione
ATiSTkA-
Recording
NAN OPE , Co issi.oner
Secretary CK MAUDL , airman
3 - ORDINANCE NO. 92-025 (4/15/92)
EXHIBIT A 0111-1806
Section 18.04.030 is amended to amend the definition of
"Forest Lands" as follows:
[Lands composed of existing and potential forest lands
which are suitable for commercial forest uses; and
forested lands needed for watershed protection, wildlife
and fisheries habitat and recreation; lands where
extreme conditions of climate, solid and topography
require the maintenance of vegetative cover irrespective
of use; and other forested lands in urban and
agricultural areas which provide urban buffers, wind
breaks, wildlife and fisheries habitat, livestock
habitat, scenic corridors and recreational use.] Lands
which are suitable for commercial forest uses including
_adiacent or nearby lands which are necessary to permit
forest operations or practices and other forested lands
that maintain soil air, water and fish and wildlife
resources.
Section 18.04.030 is amended to include the definition of
"Forest Practice" as follows:
Any operation conducted on or pertaining to commercial
forest lands. including but not limited to:
A. Reforestation of forest land;
B. Road construction and maintenance;
C. Harvesting of forest tree species;
D. Application of chemicals: and
E. Disposal of slash.
Section 18.04.030 is amended to include the definition of
"Forest Operation" as follows:
Any commercial activity relating to the growing and
harvesting of forest tree species.
Section 18.04.030 is amended to include the definition of
"Commercial Forest Land" as follows:
Land which is used for the growing and harvesting of
forest tree species.
Section 18.04.030 is amended to include the definition of
"Auxiliary" as follows:
As used in Chapters 18.36 and 18.40, "auxiliary" means a
use or alteration of a structure or land which provides
Exhibit A to Ordinance No. 92-025
Page 1
0111--1807
help or is directly associated with the conduct of a
particular forest practice. An auxiliary structure is
located on a site, temporary in nature and is not
designed to remain for the forest's entire growth cycle
from planting to harvesting. An auxiliary use is
removed when a particular forest practice has concluded.
Section 18.04.030 is amended to include the definition of
"necessary for" as follows:
As used in Sections 18 36.050 and 18.40.050, "necessary
for" means the dwelling will contribute substantially to
effective and efficient management of the forest land to
be managed by the resident(s) of the devilling.
NOTE: Deleted wording is in brackets [ ]; new wording is
underlined and bold.
Exhibit A to Ordinance No. 92-025
Page 2
M
EXHIBIT B 0111-1808
CHAPTER 18.36
FOREST USE - F-1 ZONE
SECTIONS:
18.36.010 Purpose
18.36.020 Uses Permitted Outright
18.36.030 Conditional Uses Permitted
18.36.040 Limitations on Conditional Uses
18.36.050 Standards for Forest Management Dwellings
18.36.060 Siting of Dwellings and Structures
18.36.070 Fire Siting Standards for Dwellings and
Structures
18.36.080 Fire Safety Design Standards for Roads
18.36.090 Dimensional Standards
18.36.100 Yards and Setbacks
18.36.110 Stream Setbacks
18.36.120 State Law Controls
18.36.130 Rimrock Setbacks
18.36.010 PURPOSE
The purpose of the Forest Use Zone is to conserve forest
lands.
18.36.020 USES PERMITTED OUTRIGHT
The following uses and their accessory uses are permitted
outright subject to applicable siting criteria set forth in
this Chapter and any other applicable provisions of this
Title.
A. Forest operations or forest practices including, but not
limited to, reforestation of forest land, road
construction and maintenance, harvesting of a forest
tree species, application of chemicals and disposal of
slash.
B. Temporary on-site structures which are auxiliary to and
used during the term of a particular forest operation.
As used here, temporary structures are those which are
portable and/or not placed on a permanent foundation,
and which are removed at the conclusion of the forest
operation requiring its use.
C. Physical alterations to commercial forest land auxiliary
to forest practices including, but not limited to, those
made for purposes of exploration, mining, commercial
gravel extraction and processing, landfills, dams,
reservoirs, road construction or recreational
facilities. Gravel extraction and processing not
Chapter 18.36 - Forest Use - F-1 Zone
Page 1
covered by this section is governed by Chap11$pq�#[�
this Title. 111 pp��ii��
D. Uses to conserve soil, air and water quality and to
provide for wildlife and fisheries resources.
E. Farm use as defined in ORS 215.203.
F. Additional local distribution lines (e.g. electric,
telephones, natural gas, etc.) within existing
rights-of-way or which provide service hookups,
including water service hookups, and accessory equipment
(e.g. electric distribution transformers, meter
cabinets, terminal boxes, pedestals).
G. Temporary portable facility for the primary processing
of forest products. The facility shall not be placed on
a permanent foundation and shall be removed at the
conclusion of the forest operation requiring its use.
H. Exploration for mineral and aggregate resources as
defined in ORS Chapter 517.
I. Towers and fire stations for forest fire protection.
J. Widening of roads within existing rights-of-way in
conformance with the transportation element of the
comprehensive plan including public road and highway
projects as described in ORS 215.283(1)(k) through (n).
K. Water intake facilities, canals and distribution lines
for farm irrigation and ponds.
L. Uninhabitable structures accessory to fish and wildlife
enhancement.
M. Maintenance, repair or replacement of existing
dwellings.
18.36.030 CONDITIONAL USES PE1WITTED
The following uses and their accessory uses may be allowed in
the Forest Use Zone subject to applicable provisions of the
Comprehensive Plan, Section 18.36.040 of this title and other
applicable sections of this title.
A. Private hunting and fishing operations without any
lodging accommodations.
B. Caretaker residences for public parks and fish
hatcheries.
C. Temporary forest labor camps limited to the duration of
the forest operation requiring its use.
Chapter 18.36 - Forest Use - F-1 Zone
Page 2
0111-1810
D. Exploration for and production of geothermal, gas, oil
and other associated hydrocarbons, including the
placement and operation of compressors, separators and
other customary production equipment for an individual
well adjacent to the well head.
E. Log scaling and weigh stations.
F. Disposal site for solid waste for which the Department
of Environmental Quality has granted a permit under ORS
459.245, together with equipment, facilities or
buildings necessary for its operation.
G. Parks and campgrounds. For the purpose of this section
a campground is an area devoted to overnight temporary
use for vacation, recreational or emergency purposes,
but not for residential purposes. A camping site may be
occupied by a tent, travel trailer or recreational
vehicle. Campgrounds shall not include intensively
developed recreational uses such as swimming pools,
tennis courts, retail stores or gas stations.
H. Mining and processing of oil, gas or other subsurface
resources, as defined in ORS Chapter 520.005, and not
otherwise permitted under subsection (D) of this
section.
I. Television, microwave and radio communication facilities
and transmission towers.
J. Fire stations for rural fire protection necessary to
serve existing development.
K. Utility facilities for the purpose of generating five
(5) megawatts or less of power.
L. Aids to navigation and aviation.
M. Water intake facilities, related treatment facilities,
pumping stations and distribution lines.
N. Reservoirs and water impoundments.
O. Cemeteries.
P. New distribution lines (e.g. electrical, gas, oil,
geothermal) with rights-of-way 50 feet or less in width.
Q. Temporary asphalt and concrete batch plants as accessory
uses to specific highway projects.
R. Home occupations as defined in Section 18.04.030 and
subject to Section 18.128.040(G) of this Title.
Chapter 18.36 - Forest Use - F-1 Zone
Page 3
S. Expansion of existing airports.
0111-1811
T. Public road and highway projects as described in ORS
215.283(2)(p) through (r).
U. Private accommodations for fishing occupied on a
temporary basis subject to other applicable sections of
this title and the following requirements:
1. Accommodations are limited to no more than 15 guest
rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidential and accessory retail sales
are permitted;
3. Accommodations are occupied temporarily for the
purpose of fishing during fishing seasons
authorized by the Oregon Fish and Wildlife
Commission; and
4. Accommodations must be located within 1/4 miles of
fish -bearing Class I waters as defined in
OAR 629-24-101(7).
V. Forest management research and experimentation
facilities as defined by ORS 526.215 or where accessory
to forest operations.
W. Excavation, grading and fill and removal within the bed
and banks of a stream or river or in a wetland subject
to Sections 18.120.050 and 18.128.040(W) of this Title.
X. A manufactured home in conjunction with an existing
dwelling as a temporary use for the term of a hardship
suffered by the existing resident or a relative as
defined in ORS 215.283. The use shall be subject to the
review criteria in Section 18.116.090 of this Title, as
well as those in this Chapter. The manufactured home
shall use the same subsurface sewage disposal system
used by the existing dwellings if that disposal system
is adequate to accommodate the additional dwelling.
Y. Forest management dwellings on parcels lawfully created
prior to April 15, 1992, and where the dwelling is found
to be necessary for and accessory to forest operations,
including cultured Christmas trees as defined in ORS
215.203(3).
18.36.040 LIMITATIONS ON CONDITIONAL USES
A use authorized by Section 18.36.030 of this title must meet
the following requirements. These requirements are designed
to make the use compatible with forest operations and
agriculture and to conserve values found on forest lands:
Chapter 18.36 - Forest Use - F-1 Zone
Page 4
0111-1812
A. The proposed use will not force a significant change in,
or significantly increase the cost of, accepted farming
or forest practices on adjacent agriculture or forest
lands;
B. The proposed use will not significantly increase fire
hazard or significantly increase fire suppression costs
or significantly increase risks to fire suppression
personnel; and
C. Prior to final approval of any use listed in Section
18.36.030, the land owner shall sign and record in the
County Clerks Office a written statement recognizing the
rights of adjacent and nearby land owners to conduct
forest operations consistent with the Forest Practices
Act and Rules.
18.36.050 STANDARDS FOR FOREST MANAGEMENT DWELLINGS
A. In addition to other applicable provisions of this
Chapter, a forest management dwelling must meet all of
the following requirements:
1. The dwelling is necessary for and accessory to
forest operations, including cultured Christmas
trees as defined in ORS 215.203(3). That
determination shall be based on review of a forest
management plan, which shall at a minimum provide
information necessary to complete the forest
management form referred to in Appendix A of this
Chapter regarding the condition and productivity of
the lands to be managed, a chronological
description of commercial forest management
activities to be undertaken by the resident(s) or
under contract and estimates of yield, labor and
expenses.
2. There are no other dwellings on the property which
are vacant or currently occupied by persons not
engaged in forestry, which could be used as the
principal forest management dwelling on the forest
operation.
3. The property qualifies for and is enrolled in one
of Oregon's forest tax programs.
4. The dwelling will not significantly interfere with,
significantly increase the costs of, or impede
forest or farm management on adjacent forest and
agricultural lands.
5. If road access to the dwelling is by a road owned
and maintained by a private party or by the Oregon
Chapter 18.36 - Forest Use - F-1 Zone
Page 5
0111=1813
Department of Forestry, the Bureau of Land
Management or the U.S. Forest Service, then the
applicant shall provide proof of a long-term road
access use permit or agreement. The road use
permit may require the applicant to agree to accept
responsibility for road maintenance.
6. The forest lands to be managed by the resident of
the proposed dwelling meet the stocking and
survival requirements of the Forest Practices Rule
for the Eastern Region in effect at the time
authorization for a permanent dwelling is requested
(OAR 629-24-402).
B. Approval of a forest management dwelling is not subject
to Section 18.128.015 of this Title.
C. Pursuant to OAR 660-06-027(a) an application for a
forest management dwelling is not complete until the
applicant provides documentation to the Planning
Division showing that the Oregon Department of Forestry
has had the opportunity to review and evaluate the
condition and productivity of the lands to be managed,
the plans for management of the lands, estimates of
yield, labor and expenses and the siting of the dwelling
and related fire safety measures. The information must
be sufficient to enable the Oregon Department of
Forestry within 45 days to determine that:
1. The information describing the productivity and
current condition of the forest land to be managed
is complete and accurate; and
2. Fulfillment of the forest management plan will
result in use of the parcel for the required
management purpose in terms of stocking, stand
density and harvest; and
3. The siting and safety standards in OAR 660-06-029
and OAR 660-06-035 have been adequately addressed.
18.36.060 SITING OF DWELLINGS AND STRUCTURES
A. All new dwellings and structures approved pursuant to
Section 18.36.030 or permitted under Section 18.36.020
shall be sited in accordance with this section and
Section 18.36.070.
Relevant physical and locational factors including, but
not limited to, topography, prevailing winds, access,
surrounding land use and source of domestic water shall
be used to identify a site which:
Chapter 18.36 - Forest Use - F-1 Zone
Page 6
0111-1814
1. has the least impact on nearby or adjacent lands
zoned for forest or agricultural use;
2. ensures that forest operations and accepted farming
practices will not be curtailed or impeded;
3. minimizes the amount of forest lands used for the
building site, road access and service corridors;
and
4. consistent with the provisions of Section 18.36.070
minimizes the risks associated with wildfire.
B. The applicant shall provide evidence that the domestic
water supply, if any, is from a source authorized in
accordance with the Department of Water Resources Oregon
Administrative Rules for the appropriation of ground
water (OAR 690, Division 10) or surface water (OAR 690,
Division 20) and not from a Class II stream as defined
in the Forest Practices Rule (OAR 629-24-101(3)). If
the water supply is unavailable from public sources or
sources located entirely on the subject property, then
the applicant shall provide evidence that a legal
easement has been obtained permitting domestic water
lines to cross the properties of affected owners.
18.36.070 FIRE SITING STANDARDS FOR DWELLINGS AND
STRUCTURES
The following fire siting standards shall apply to all new
dwellings and permanent structures (including permitted
uses) :
A. If a water supply is available and suitable for fire
protection, such as a swimming pool, pond, stream or
lake, then road access to within 15 feet of the waters
edge shall be provided for pumping units. The road
access shall be constructed and maintained to
accommodate the maneuvering of fire fighting equipment
during the fire season. Permanent signs shall be posted
along the access route to indicate the location of the
emergency water source.
B. Road access to the structure shall meet the•road design
standards described in Section 18.36.080 of this Title.
C. Prior to use, owners of dwellings and structures shall
construct a primary firebreak, not less than 10 feet
wide, containing non-flammable materials. This may
include walkways, driveways, gravel borders or other
similar materials.
D. Owners of the dwellings and structures shall construct
a secondary firebreak of not less than 20 feet outside
Chapter 18.36 - Forest Use - F-1 Zone
Page 7
0111-1815
the primary firebreak. This firebreak need not be bare
ground but can include a lawn, ornamental shrubbery or
individual or groups of trees separated by a distance
equal to the diameter of the crowns adjacent to each
other, or 15 feet, whichever is greater. All trees
shall be pruned to at least eight feet in height. Dead
fuels shall be removed.
E. Owners of the dwellings and structures shall maintain a
fuel break extending a minimum of 100 feet in all
directions around the secondary firebreak. Individual
and groups of trees within the fuel break shall be
separated by a distance equal to the diameter of the
crowns adjacent to each other, or 15 feet, whichever is
greater. Small trees and brush growing underneath
larger trees shall be removed to prevent spread of fire
up into the crowns of the larger trees. All trees shall
be pruned to at least eight feet in height. Dead fuels
shall be removed. The fuel break shall be completed
prior to the beginning of the coming fire season.
F. No portion of a tree or any other vegetation shall
extend to within 15 feet of the outlet of a stovepipe or
chimney.
G. Dwellings shall not be located on hillsides steeper than
30 percent and containing flammable fuels.
H. The applicant shall obtain an address from the county
address coordinator, and shall display that number in a
location on the property that is clearly visible from
the road used as the basis for numbering. The numbers
shall not be less than three inches in height, shall be
painted in a contrasting or visible color and shall
comply with all other applicable standards for signs.
I. All dwellings and structures shall use non-combustible
or fire resistant roofing materials. Roof sprinklers
are not an acceptable alternative to this standard.
18.36.080 FIRE SAFETY DESIGN STANDARDS FOR ROADS
The following standards apply to all roads and driveways,
except for private roads accessing only commercial forest
uses, which access uses permitted under Section 18.36.020 or
approved under Section 18.36.030 of this Title:
A. Roads, bridges and culverts shall be designed and
maintained to support a minimum gross vehicle weight
(GVW) of 50,000 lbs. If bridges or culverts are
involved in the construction of a road or driveway,
written verification of compliance with the 50,000 lb.
GVW standard shall be provided by a Professional
Engineer, registered in Oregon.
Chapter 18.36 - Forest Use - F-1 Zone
Page 8
0111-1816
B. Access roads shall have an unobstructed horizontal
clearance of not less than twenty (2 0) feet and an
unobstructed vertical clearance of not less than
thirteen and one-half (13.5) feet, and provide an
all-weather surface.
C. Turnarounds shall have a minimum of fifty (50) feet of
turn radius with an all-weather surface and be
maintained for turning of fire fighting equipment.
D. Roads grades should not exceed eight (8) percent, with a
maximum of 12 percent on short pitches. Variations from
these standards may be granted by the fire service
having responsibility for the area when topographic
conditions make these standards impractical and where
the local fire protection district states their
fire -fighting equipment can negotiate the proposed road
grade.
18.36.090 DIMENSIONAL STANDARDS
In the F-1 Zone, the following dimensional standards shall
apply:
A. The minimum lot size is 80 acres; or
B. Land divisions creating parcels less than 80 acres in
size may only be approved for uses listed in Section
18.36.030(D) through (0), provided that those uses have
been approved pursuant to Section 18.36.040.
C. Notwithstanding subsections (A) and (B), above, the
Planning Director or Hearings Body may waive the 80 -acre
minimum lot size to allow a partition of property
provided:
1. The subject property contains a dwelling which
existed prior to January 25, 1990; and
2. The dwelling was constructed under a valid building
permit, or was constructed prior to the county's
involvement in the permit process and otherwise
constitutes a vested use; and
3. The new parcel containing the dwelling is no larger
than 5 acres; and
4. The remaining forest parcel, not containing the
dwelling, meets the minimum lot size; or
5. The remaining forest parcel, not containing the
dwelling, is consolidated with another parcel(s)
Chapter 18.36 - Forest Use - F-1 Zone
Page 9
0111-181'7
creating a legal parcel which meets the minimum lot
size. Consolidation shall occur concurrent with
final approval of the partition.
18.36.100 YARDS AND SETBACKS
A. The front yard setback shall be 40 feet from a property
line fronting on a local street, 60 feet from a property
line fronting on a collector and 100 feet from a
property line fronting on an arterial.
B. Each side yard setback shall be a minimum of 25 feet,
except a parcel or lot with a side yard adjacent to
zoned forest land shall have a minimum side yard of 100
feet.
C. Rear yards shall be a minimum of 25 feet, except parcels
or lots with rear yards adjacent to zoned forest land
shall have a minimum rear yard of 100 feet.
D. The setback from the north lot line shall meet the solar
setback requirements in section 18.116.180 of this
title. (Ord, 91-020 § 1, 1991; Ord, 83-037 § 11, 1983.)
18.36.110 STREAM SETBACKS
All sewage disposal installations such as vault toilets,
septic tanks and drainfield systems shall be set back from
the ordinary high water mark along all streams and lakes a
minimum of 100 feet measured at right angles to the ordinary
high water mark. 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 to the ordinary high water mark.
(Ord. 91-020 § 1, 1991).
18.36.120 STATE LAW CONTROLS
Forest operations are governed by the State Forest Practices
Act. Whenever a use allowed by this section conflicts with
or is prohibited by the Oregon Forest Practices Act or
regulations promulgated thereunder, state law shall control.
18.36.130 RIMROCK SETBACK
Setbacks from rimrock shall be as provided in Section
18.116.160 of this Title. (Ord. 86-053 § 8, 1986).
fi
Chapter 18.36 - Forest Use - F-1 Zone
Page 10
0111-1818
EXHIBIT C
CHAPTER 18.40
FOREST USE - F-2 ZONE
SECTIONS:
18.40.010
Purpose
18.40.020
Uses Permitted Outright
18.40.030
Conditional Uses Permitted
18.40.040
Limitations on Conditional Uses
18.40.050
Standards for Dwellings
18.40.060
Siting of Dwellings and Structures
18.40.070
Fire Siting Standards for Dwellings and
Structures
18.40.080
Fire Safety Design Standards for Roads
18.40.090
Dimensional Standards
18.40.100
Yards and Setbacks
18.40.110
Stream Setbacks
18.40.120
State Law Controls
18.40.130
Rimrock Setbacks
18.40.010 PURPOSE
The purpose of the Forest Use Zone is to conserve forest
lands.
The following uses and their accessory uses are permitted
outright subject to applicable siting criteria set forth in
this Chapter and any other applicable provision of this
Title.
A. Forest operations or forest practices including, but not
limited to, reforestation of forest land, road
construction and maintenance, harvesting of a forest
tree species, application of chemicals and disposal of
slash.
B. Temporary on-site structures which are auxiliary to and
used during the term of a particular forest operation.
As used here, temporary structures are those which are
portable and/or not placed on a permanent foundation,
and which are removed at the conclusion of the forest
operation requiring its use.
C. Physical alterations to commercial forest land auxiliary
to forest practices including, but not limited to, those
made for purposes of exploration, mining, commercial
gravel extraction and processing, landfills, dams,
reservoirs, road construction or recreational
Chapter 18.40 - Forest Use - F-2 Zone
Page 1
0111-1819
facilities. Gravel extraction and processing not
covered by this section is governed by Chapter 18.52 of
this Title.
D. Uses to conserve soil, air and water quality and to
provide for wildlife and fisheries resources.
E. Farm use as defined in ORS 215.203.
F. Additional local distribution lines (e.g. electric,
telephones, natural gas, etc.) within existing
rights-of-way or which provide service hookups,
including water service hookups, and accessory equipment
(e.g. electric distribution transformers, meter
cabinets, terminal boxes, pedestals).
G. Temporary portable facility for the primary processing
of forest products. The facility shall not be placed on
a permanent foundation and shall be removed at the
conclusion of the forest operation requiring its use.
H. Exploration for mineral and aggregate resources as
defined in ORS Chapter 517.
I. Towers and fire stations for forest fire protection.
J. Widening of roads within existing rights-of-way in
conformance with the transportation element of the
comprehensive plan including public road and highway
projects as described in ORS 215.283(1)(k) through (n).
K. Water intake facilities, canals and distribution lines
for farm irrigation and ponds.
L. Uninhabitable structures accessory to fish and wildlife
enhancement.
M. Maintenance, repair or replacement of existing
dwellings.
18.40.030 CONDITIONAL USES PERMITTED
The following uses and their accessory uses may be allowed in
the Forest Use Zone subject to applicable provisions of the
Comprehensive Plan, Section 18.40.040 and other applicable
sections of this Title.
A. Private hunting and fishing operations without any
lodging accommodations.
B. Caretaker residences for public parks and fish
hatcheries.
C. Temporary forest labor camps limited to the duration of
the forest operation requiring its use.
Chapter 18.40 - Forest Use - F-2 Zone
Page 2
0111-1820
D. Destination resorts where mapped in a DR zone and
subject only to the provisions of Chapter 18.113 and
other applicable provisions of Title 18 and the
comprehensive plan not contained in this Chapter.
E. Exploration for and production of geothermal, gas, oil
and other associated hydrocarbons, including the
placement and operation of compressors, separators and
other customary production equipment for an individual
well adjacent to the well head.
F. Log scaling and weigh stations.
G. Disposal site for solid waste for which the Department
of Environmental Quality has granted a permit under ORS
459.245, together with equipment, facilities or
buildings necessary for its operation.
H. Parks and campgrounds. For the purpose of this section
a campground is an area devoted to overnight temporary
use for vacation, recreational or emergency purposes,
but not for residential purposes. A camping site may be
occupied by a tent, travel trailer or recreational
vehicle. Campgrounds shall not include intensively
developed recreational uses such as swimming pools,
tennis courts, retail stores or gas stations.
I. Mining and processing of oil, gas or other subsurface
resources as defined in ORS Chapter 520.005 and not
otherwise permitted under subsection (E) of this
section.
J. Television, microwave and radio communication facilities
and transmission towers.
K. Fire stations for rural fire protection necessary to
serve existing development.
L. Utility facilities for the purpose of generating five
(5) megawatts or less of power.
M. Aids to navigation and aviation.
N. Water intake facilities, related treatment facilities,
pumping stations and distribution lines.
O. Reservoirs and water impoundments.
P. Cemeteries.
Q. New distribution lines (e.g. electrical, gas, oil,
geothermal) with rights-of-way 50 feet or less in width.
Chapter 18.40 - Forest Use - F-2 Zone
Page 3
R. Temporary asphalt and concrete batch plants as accessory
uses to specific highway projects.
S. Home occupations as defined in Section 18.04.030 and
subject to Section 18.128.040(6) of this Title.
T. Expansion of existing airports.
U. Public road and highway projects as described in ORS
215.283(2)(p) through (r).
V. Private accommodations for fishing occupied on a
temporary basis subject to other applicable sections of
this title and the following requirements:
1. Accommodations are limited to no more than 15 guest
rooms as that term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidential and accessory retail sales
are permitted;
3. Accommodations are occupied temporarily for the
purpose of fishing during fishing seasons
authorized by the Oregon Fish and Wildlife
Commission; and
4. Accommodations must be located within 1/4 miles of
fish -bearing Class I waters as defined in
OAR 629-24-101(7).
W. Forest management research and experimentation
facilities as defined by ORS 526.215 or where accessory
to forest operations.
X. Forest management dwellings necessary for and accessory
to forest operations including cultured Christmas trees
as defined in ORS 215.203(3).
Y. Non -forest dwelling.
Z. Excavation, grading and fill and removal within the bed
and banks of a stream or river or in a wetland subject
to Section 18.120.050 and 18.128.040(W).
AA. A manufactured home in conjunction with an existing
dwelling as a temporary use for the term of a hardship
suffered by the existing resident or a relative as
defined in ORS 215.283. The use shall be subject to the
review criteria in Section 18.116.090 of this title, as
well as those in this Chapter. The manufactured home
shall use the same subsurface sewage disposal system
used by the existing dwelling if that disposal system is
adequate to accommodate the additional dwelling.
Chapter 18.40 - Forest Use - F-2 Zone
Page 4
0111-1822
18.40.040 L1111TATIONS ON CONDITIONAL USES
A use authorized by Section 18.40.030 of this Title must meet
the following requirements. These requirements are designed
to make the use compatible with forest operations and
agriculture and to conserve values found on forest lands:
A. The proposed use will not force a significant change in,
or significantly increase the cost of, accepted farming
or forest practices on adjacent agriculture or forest
lands;
B. The proposed use will not significantly increase fire
hazard or significantly increase fire suppression costs
or significantly increase risks to fire suppression
personnel; and
C. Prior to final approval of any use listed in Section
18.40.030, the land owner shall sign and record in the
County Clerks Office a written statement recognizing the
rights of adjacent and nearby land owners to conduct
forest operations consistent with the Forest Practices
Act and Rules.
18.40.050 STANDARDS FOR DWELLINGS
A. Forest Management Dwelling.
In addition to other applicable provisions of this
Chapter, a forest management dwelling must meet all of
the following requirements:
1. The dwelling is necessary for and accessory to
forest operations, including cultured Christmas
trees as defined in ORS 215.203(3). That
determination shall be based on review of a forest
management plan, which shall at a minimum provide
information necessary to complete the forest
management form referred to in Appendix A of this
Chapter regarding the condition and productivity of
the lands to be managed, a chronological
description of commercial forest management
activities to be undertaken by the resident(s) or
under contract and estimates of yield, labor and
expenses.
2. There are no other dwellings on the property which
are vacant or currently occupied by persons not
engaged in forestry, which could be used as the
principal forest management dwelling on the forest
operation.
3. The property qualifies for and is enrolled in one
of Oregon's forest tax programs.
Chapter 18.40 - Forest Use - F-2 Zone
Page 5
0111-1823
4. The dwelling will not significantly interfere with,
significantly increase the costs of, or impede
forest or farm management on adjacent forest and
agricultural lands.
5. If road access to the dwelling is by a road owned
and maintained by a private party or by the Oregon
Department of Forestry, the Bureau of Land
Management or the U.S. Forest Service, then the
applicant shall provide proof of a long-term road
access use permit or agreement. The road use
permit may require the applicant to agree to accept
responsibility for road maintenance.
6. The forest lands to be managed by the resident of
the proposed dwelling meet the stocking and
survival requirements of the Forest Practices Rule
for the Eastern Region in effect at the time
authorization for a permanent dwelling is requested
(OAR 629-24-402).
B. Approval of a forest management dwelling is not subject
to Section 18.128.015 of this Title.
C. Pursuant to OAR 660-06-027(a) an application for a
forest management dwelling is not complete until the
applicant provides documentation to the Planning
Division showing that the Oregon Department of Forestry
has had the opportunity to review and evaluate the
condition and productivity of the lands to be managed,
the plans for management of the lands, estimates of
yield, labor and expenses and the siting of the dwelling
and related fire safety measures. The information must
be sufficient to enable the Oregon Department of
Forestry within 45 days to determine that:
1. The information describing the productivity and
current condition of the forest land to be managed
is complete and accurate; and
2. Fulfillment of the forest management plan will
result in use of the parcel for the required
management purpose in terms of stocking, stand
density and harvest; and
3. The siting and safety standards in OAR 660-06-029
and OAR 660-06-035 have been adequately addressed.
B. Non -forest Dwelling.
In addition to other applicable provisions of this
Chapter a dwelling not related to forest management must
meet the eligibility requirements detailed in (1), (2)
and (3), and the review standards in (4) through (6):
Chapter 18.40 - Forest Use - F-2 Zone
Page 6
0111-1824
1. The parcel on which the proposed dwelling is to be
located is within a rural fire protection district
or the proposed resident presents a signed contract
for residential fire protection.
2. The parcel is composed primarily of soils which
are:
a. Capable of 0 to 50 cf/ac/yr and where this
parcel and at least all or part of 7 other
parcels exist within a 160 acre square when
centered on the center of the subject parcel;
or
b. Capable of above 50 cf/ac/yr and where this
parcel and at least all or part of 11 other
parcels exist within a 160 acres square when
centered on the center of subject parcel.
(NOTE: Parcels within urban growth boundaries
shall not be counted to satisfy the
eligibility requirements of subsection (2)(a)
or (b)) .
3. The parcel on which the dwelling would be located
was lawfully created prior to January 25, 1990.
4. The dwelling would not force a significant change
in, significantly increase the cost of, or impede
accepted farming or forest practices on adjacent
agriculture or forest lands.
5. The siting of the dwelling meets the standards in
Sections 18.40.060 and 18.40.070.
6. The parcel on which the dwelling would be located
has been disqualified from receiving a farm or
forest tax deferral.
7. If road access to the dwelling is by a road owned
and maintained by a private party or by the Oregon
Department of Forestry, the Bureau of Land
Management or the U.S. Forest Service, then the
applicant shall provide proof of a long-term road
access use permit or agreement. The road use
permit may require the applicant to accept
responsibility for road maintenance.
8. Approval of a non -forest dwelling is not subject to
Section 18.128.015 of this Title.
C. Sunset Clause.
Section 18.40.050(B), Non -Forest Dwelling, shall be
automatically repealed thirty (30) days after the
Chapter 18.40 - Forest Use - F-2 Zone
Page 7
0111-1825
effective date of any goal and rule amendments
establishing secondary lands .adopted by the Land
Conservation and Development Commission (LCDC).
18.40.060 SITING OF DWELLINGS AND STRUCTURES
A. All new dwellings and structures approved pursuant to
Section 18.40.030 or permitted under Section 18.40.020
shall be sited in accordance with this section and
Section 18.40.070.
Relevant physical and locational factors including, but
not limited to, topography, prevailing winds, access,
surrounding land use and source of domestic water shall
be used to identify a site which:
1. has the least impact on nearby or adjacent lands
zoned for forest or agricultural use;
2. ensures that forest operations and accepted farming
practices will not be curtailed or impeded;
3. minimizes the amount of forest lands used for the
building sites, road access and service corridors;
and
4. consistent with the provisions of Section 18.40.070
minimizes the risk associated with wildfire.
B. The applicant shall provide evidence that the domestic
water supply, if any, is from a source authorized in
accordance with the Department of Water Resources Oregon
Administrative Rules for the appropriation of ground
water (OAR 690, Division 10) or surface water (OAR 690,
Division 20) and not from a Class II stream as defined
in the Forest Practices Rule (OAR 629-24-101(3)). If
the water supply is unavailable from public sources or
sources located entirely on the subject property, then
the applicant shall provide evidence that a legal
easement has been obtained permitting domestic water
lines to cross the properties of affected owners.
18.40.070 FIRE SITING STANDARDS FOR DWELLINGS AND
STRUCTURES
The following fire siting standards shall apply to all new
dwellings or permanent structures (including permitted uses):
A. If a water supply is available and suitable for fire
protection, such as a swimming pool, pond, stream, or
lake, then road access to within 15 feet of the waters
edge shall be provided for pumping units. The road
access shall be constructed and maintained to
Chapter 18.40 - Forest Use - F-2 Zone
Page 8
0111-1826
accommodate the maneuvering of fire fighting equipment
during the fire season. Permanent signs shall be posted
along the access route to indicate the location of the
emergency water source.
B. Road access to the structure shall meet the road design
standards described in Section 18.40.080 of this Title.
C. Prior to use, owners of dwellings and structures shall
construct a primary firebreak, not less than 10 feet
wide, containing non-flammable materials. This may
include walkways, driveways, gravel borders or other
similar materials.
D. owners of the dwellings and structures shall construct a
secondary firebreak of not less than 20 feet outside the
primary firebreak. This firebreak need not be bare
ground but can include a lawn, ornamental shrubbery or
individual or groups of trees separated by a distance
equal to the diameter of the crowns adjacent to each
other, or 15 feet, whichever is greater. All trees
shall be pruned to at least eight feet in height. Dead
fuels shall be removed.
E. owners of the dwellings and structures shall maintain a
fuel break extending a minimum of 100 feet in all
directions around the secondary firebreak. Individual
and groups of trees within the fuel break shall be
separated by a distance equal to the diameter of the
crowns adjacent to each other, or 15 feet, whichever is
greater. Small trees and brush growing underneath
larger trees shall be removed to prevent spread of fire
up into the crowns of the larger trees. All trees shall
be pruned to at least eight feet in height. Dead fuels
shall be removed. The fuel break shall be completed
prior to the beginning of the coming fire season.
F. No portion of a tree or any other vegetation shall
extend to within 15 feet of the outlet of a stovepipe or
chimney.
G. Dwellings shall not be located on hillsides steeper than
30 percent and containing flammable fuels.
H. The applicant shall obtain an address from the County
Address Coordinator, and shall display that number in a
location on the property that is clearly visible from
the road used as the basis for numbering. The numbers
shall not be less than three inches in height, shall be
painted in a contrasting or visible color and shall
comply with all other applicable standards for signs.
I. All dwellings and structures shall use non-combustible
or fire resistant roofing materials. Roof sprinklers
are not an acceptable alternative to this standard.
Chapter 18.40 - Forest Use - F-2 Zone
Page 9
18.40.080 FIRE SAFETY DESIGN STANDARDS FOR ROADS
The following standards apply to all roads and driveways,
except for private roads accessing only commercial forest
uses, which access uses permitted under Section 18.40.020 or
approved under Section 18.40.030 of this Title:
A. Roads, bridges and culverts shall be designed and
maintained to support a minimum gross vehicle weight
(GVW) of 50,000 lbs. If bridges or culverts are
involved in the construction of a road or driveway,
written verification of compliance with the 50,000 lb.
GVW standard shall be provided by a Professional
Engineer, registered in Oregon.
B. Access roads shall have an unobstructed horizontal
clearance of not less than twenty (20) feet and an
unobstructed vertical clearance of not less than
thirteen and one-half (13.5) feet, and provide an
all-weather surface.
C. Turnarounds shall have a minimum of fifty (50) feet of
turn radius with an all-weather surface for turning of
fire fighting equipment.
D. Road grades should not exceed eight (8) percent, with a
maximum of 12 percent on short pitches. Variations from
these standards may be granted by the fire service
having responsibility for the area when topographic
conditions make these standards impractical and where
the local fire protection district states their
fire -fighting equipment can negotiate the proposed road
grade.
18.40.090 DIMENSIONAL STANDARDS
In an F-2 Zone, the following dimensional standards shall
apply:
A. The minimum lot size is 80 acres; or
B. Land divisions creating parcels less than 80 acres in
size may only be approved for uses listed in Section
18.40.030(D) through (P), provided that those uses have
been approved pursuant to Section 18.40.040 of this
Title.
C. Notwithstanding subsections (A) and (B), above, the
Planning Director or Hearings Body may waive the 80 -acre
minimum lot size to allow a partition of property
provided:
Chapter 18.40 - Forest Use - F-2 Zone
Page 10
rM
0111=1828
1. The subject property contains a dwelling which
existed prior to January 25, 1990; and
2. The dwelling was constructed under a valid building
permit, or was constructed prior to the county's
involvement in the permit process and otherwise
constitutes a vested use; and
3. The new parcel containing the dwelling is no larger
than 5 acres; and
4. The remaining parcel, not containing the dwelling,
meets the minimum lot size; or
5. The remaining forest parcel, not containing the
dwelling, is consolidated with another parcel(s),
creating a legal parcel that meets the minimum lot
size. Consolidation shall occur concurrent with
final approval of the partition.
18.40.100 YARDS AND SETBACKS
A. The front yard setback shall be 40 feet from a property
line fronting on a local street, 60 feet from a property
line fronting on a collector and 100 feet from a
property line fronting on an arterial.
B. Each side yard setback shall be a minimum of 25 feet,
except a parcel or lot with a side yard adjacent to
zoned forest land shall have a minimum side yard of 100
feet.
C. Rear yards shall be a minimum of 25 feet, except parcels
or lots with rear yards adjacent to zoned forest land
shall have a minimum rear yard of 100 feet.
D. The setback from the north lot line shall meet the solar
setback requirements in section 18.116.180 of this
Title. (Ord, 91-020 ; 1, 1991; Ord, 83-037 § 11, 1983.)
18.40.110 STREAM SETBACKS
All sewage disposal installations, such as vault toilets,
septic tanks and drainfield systems shall be set back from
the ordinary high water mark along all streams and lakes a
minimum of 100 feet measured at right angles to the ordinary
high water mark. 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 to the ordinary high water mark.
(Ord. 91-020 § 1, 1991).
Chapter 18.40 - Forest Use - F-2 Zone
Page 11
0111-'1829
R
18.40.120 STATE LAW CONTROLS
Forest operations are governed by the State Forest Practices
Act. Whenever a use allowed by this section conflicts with
or is prohibited by the Oregon Forest Practices Act or
regulations promulgated thereunder, state law shall control.
18.4 0.13 0 RIMIROCK SETBACK
Setbacks from rimrock shall be as provided in Section
18.116.160 of this Title. (Ord. 86-053 § 8, 1986).
O�
Chapter
18.40 - Forest Use - F-2 Zone
Page 12
EXHIBIT D 0111--1830
Section 18.128.040(P)(b)[(1)] is amended as follows:
(b) The conditional use shall not be granted unless the
following findings are made:
1. Human activities, including all development
and alterations of the natural landscape, will
be limited to 35 percent of the land and 65
percent shall be kept in open space uses. [In
the Forest Use Zone, development shall be
limited to 25 percent of the land with 75
percent to be retained in open space.] The
area of the development shall be measured by
drawing a continuous line around the affected
area 150 feet on either side of any lot,
building, road or other such facility.
(Ord. 91-020 § 1, 1991)
2. Uses are permitted in the open space area may
include the management of natural resources,
trail systems or other outdoor uses that are
consistent with the character of the natural
landscape.
3. All lots within the development shall be
contiguous to one another except for
occasional corridors which shall not be wider
than the average lot width, unless the
Planning Director or Hearings Body finds that
special circumstances warrant a wider
corridor. (Ord. 91-020 § 1, 1991)
4. In the [resource and] rural zones, the cluster
development shall be located on the least
productive land.
5. All subdivision requirements contained in
Deschutes County Code Title 17, the
Subdivision/Partition Ordinance, shall be met.
6. The total number of units may exceed the
overall density established by the minimum lot
size of the zone in which the development is
proposed by not more than 33 percent.
7. The open space of the proposed development may
be platted as a separate parcel or in common
ownership of some or all of the clustered
units. However, the open area shall not be
subject to development unless the whole
development is brought inside an urban growth
boundary.
Exhibit D to Ordinance,No. 92-025
Page 1
011V-1831
8. Roads within the development shall meet the
requirements of the County Road Department and
shall be considered private roads. An
agreement acceptable to the Road Department
shall be required for the maintenance of those
roads.
9. The rural character of the area shall not be
adversely affected.
10. All service connections shall be the minimum
length necessary and underground where
feasible. (Ord. 91-020 § 1, 1991)
NOTE: Deleted wording is in brackets [ ]; new wording is
underlined and bold.
Exhibit D to Ordinance No. 92-025
Page 2