HomeMy WebLinkAbout86-053REVIEWED
Y � V
86-12415 LEGAL COUNSEL
1
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordi-
nance No. PL -15, Deschutes
County Zoning Ordinance of
1979, As Amended, To Amend
Definition of Rimrock, To
Amend Rimrock Setback Require-*
ments, To Create Exceptions, *
Adopting Findings and Conclu- *
sions, and Declaring An Emer- *
gency.
ORDINANCE NO. 86-053
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 1.030(105A), Ordinance No. PL -15, is
amended to read as follows:
"(105A) Rimrock. Any ledge, outcropping or top or
overlying stratum of rock, which forms a face
in excess of 45 degrees, and which creates or
is within the canyon of the following rivers
and streams:
1) Deschutes River;
2) Crooked River;
3) Fall River;
4) Little Deschutes River;
5) Spring River;
6) Paulina Creek;
7) Squaw Creek; and
8) Tumalo Creek.
For the purpose of this Ordinance, the edge of
the rimrock is the uppermost rock ledge or
outcrop of rimrock."
Section 2. Section 4.010, Exclusive Farm Use - EFU 320,
1 - ORDINANCE NO. 86-053
'vot 72
Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979,
as amended, is further amended to add the following:
"(8) Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 3. Section 4.020, Exclusive Farb Use - EFU 80,
Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979,
as amended, is further amended to add the following:
"(8) Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 4. Section 4.030, Exclusive Farm Use - EFU-40,
Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979,
as amended, is further amended to add the following:
"(8) Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 5. Section 4.040, Exclusive Farm Use, EFU-20,
Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979,
as amended, is further amended to add the following:
"(9) Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 6. Section 4.060, Multiple Use Agricultural Zone,
MUA, Ordinance No. PL -15, Deschutes County Zoning Ordinance of
1979, as amended, is further amended to add the following:
"(8) Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 7. Section 4.070, Forest Use, F-1, Ordinance No.
PL -15, Deschutes County Zoning Ordinance of 1979, as amended, is
further amended to add the following:
"(7) Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 8. Section 4.080, Forest Use, F-2, Ordinance No.
PL -15, Deschutes County Zoning Ordinance of 1979, as amended, is
further amended to add the following:
"(10) Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 9. Section 4.085, Forest Use, F-3, Ordinance No.
PL -15, Deschutes County Zoning Ordinance of 1979, as amended, is
further amended to add the following:
2 - ORDINANCE NO. 86-053
VOL "72 PAF 383
"(10) Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 10. Section 4.090(5), Open Space and Conservation
Zone, OS&C, Ordinance No. PL -151 Deschutes County Zoning Ordi-
nance 01979, as amended, is further amended to add the follow-
ing:
"(5)(E) Setbacks from rimrock shall be as provided in
Section 5.240 of this Ordinance."
Section 11. Section 4.100(5), Surface Mining Zone, SM,
Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979,
as amended, is further amended to add the following:
"(5)(0) Setbacks from rimrock shall be as provided in
Section 5.240 of this Ordinance."
Section 12. Section 4.110(5), Surface Mining Reserve Zone,
SMR, Ordinance No. PL -15, Deschutes County Zoning Ordinance of
1979, as amended, is further amended to add the following:
"(5)(F) Setbacks from rimrock shall be as provided in
Section 5.240 of this Ordinance."
Section 13. Section 4.120, Rural Residential, RR -10, Ordi-
nance No. PL -15, Deschutes County Zoning Ordinance of 1979, as
amended, is further amended to add the following:
"(8) Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 14. Section 4.130, Rural Service Center Zone, RSC,
Ordinance No. PL -151 Deschutes County Zoning Ordinance of 1979,
as amended, is further amended to add the following:
"(11) Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 15. Section 4.140, Rural Service Residential - M,
RSR -M, Ordinance No. PL -15, Deschutes County Zoning Ordinance of
1979, as amended, is further amended to add the following:
"(10) Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 16. Section 4.150(6), Rural Service Residential -
RSR -5, Ordinance No. PL -15, Deschutes County Zoning Ordinance of
1979, as amended, is further amended to read as follows:
"(6) Other Standards. The conditions contained in
3 - ORDINANCE NO. 86-053
VOL 72 PAGE 384
subsections 4.140(6), (7), (8), (9) and (10) shall
apply in the RSR -5 zone."
Section 17. Section 4.160, Airport Development Zone, A -D,
Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979,
as amended, is further amended to add the following:
"(10) Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 18. Section 4.220, Rural Industrial Zone, R-1,
Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979,
as amended, is further amended to add the following:
"(11) Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 19. Section 4.230, Research and Development Zone,
R&D, Ordinance No. PL -15, Deschutes County Zoning Ordinance of
1979, as amended, is further amended to add the following:
"(11) Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 20. Paragraphs (A)(5), (B)(6), (C)(7), (D)(5),
(E)(67 (F)(3), and (G)(5) of subsection 2 of Section 4.240,
Planned Community Zone, PC, Ordinance No. PL -15, Deschutes County
Zoning Ordinance of 1979, as amended, are further amended to add
the following:
"Rimrock Setback. Setbacks from rimrock shall be
as provided in Section 5.240 of this Ordinance."
Section 21. Section 5.240, Ordinance No. PL -15, Deschutes
County Zoning Ordinance of 1979, as amended, is further amended
to read as follows:
"Section 5.240. Rimrock Setbacks.
(1) All structures shall be set back a minimum of
20 feet from the edge of the rimrock, as
defined in Section 1.030(105A) of this Ordi-
nance.
(2) The 20 -foot rimrock setback shall not apply
to decks so long as the railing or other man-
made border around the deck does not exceed 4
feet in height and is not of solid construc-
tion. However, no deck shall be set back
less than 3 feet from any rimrock.
4 - ORDINANCE NO. 86-053
y VOL 72 ?A.CE 385
(3) If there is more than one rimrock ledge or
outcrop within the river or stream canyon,
the 20 -foot setback requirement shall be
measured from the rimrock which is furthest
from the river or stream.
(4) If the 20 foot setback is within 100 feet of
the mean high water mark of the river or
stream, the structure may be granted an
exception to the 100 -foot river or stream
setback, as provided under Section 6.040 of
this Ordinance, if it meets the criteria
under subsection (5)(B)(2) of that Section.
However, under no circumstances shall the
structure be set back less than 20 feet from
the rimrock."
Section 22. The Board of County Commissioners adopts as its
findings and conclusions supporting the amendments in Sections 1
through 21 of this Ordinance the Staff Report, dated May 21,
1986, relating to the Deschutes River Corridor.
Section 23. This Ordinance being necessary for the imme-
diate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect
on its passage.
6
DATED this ��ay of , 1986.
a0ARD OF COUNTY COMMISSIONERS
OF Q CHUTW COUNTY, QRIE_�GON
LO -VV BRISTOW, PRANTE, Chair
ATTEST:
LAUR E LE, Commissioner
1'al JDA&499Q,
ti (—
Recording Secretary D K MAUDLI , Co missioner
5 - ORDINANCE NO. 86-053