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HomeMy WebLinkAbout90-020s 90-17602 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DES An Ordinance Amending Ordinance No. PL -15, the Deschutes County Zoning Ordinance of 1979, as Amended, Revising Criteria for Setback Exception Along Rivers and Lakes, Revising Landscape Manage- ment Combining Zone Criteria, Declaring an Emergency and Setting an Effective Date. ORDINANCE NO. 90-020 THE BOARD OF COUNTY COMMISSIONERS OF OREGON, ORDAINS as follows: R,EVIE E .O N 1 , OM 0101 0390 Section 1. Section 4.180, Landscape Management Combining Zone, is amended to read as follows: "Section 4.180. LANDSCAPE MANAGEMENT COMBINING ZONE. LM. In any LM Combining Zone, the requirements and standards of this section shall apply in addition to those specified in this Ordinance for the underlying zone. If a conflict in regulation or standards occurs, the provision of this section shall govern. "1. Purpose. The purposes of the Landscape Management Combining Zone are to maintain scenic and natural resources of the designated areas and to maintain and enhance scenic vistas important to local economy. "2. Application of Provision. The provision of this section shall apply to all areas identified as landscape management corridors in the Comprehen- sive Plan or the County zoning map. The limita- w c;" o -< n r y r -:Z- _-a = LM Zone is combined, the uses permitted shall be those permitted outright by the underlying zone DESCHUTES C� #N+. Section 1. Section 4.180, Landscape Management Combining Zone, is amended to read as follows: "Section 4.180. LANDSCAPE MANAGEMENT COMBINING ZONE. LM. In any LM Combining Zone, the requirements and standards of this section shall apply in addition to those specified in this Ordinance for the underlying zone. If a conflict in regulation or standards occurs, the provision of this section shall govern. "1. Purpose. The purposes of the Landscape Management Combining Zone are to maintain scenic and natural resources of the designated areas and to maintain and enhance scenic vistas important to local economy. "2. Application of Provision. The provision of this section shall apply to all areas identified as landscape management corridors in the Comprehen- sive Plan or the County zoning map. The limita- tions in this section shall not unduly restrict accepted agricultural practices. 113. Uses Permitted Outright. In a zone with which the LM Zone is combined, the uses permitted shall be those permitted outright by the underlying zone with which the LM Zone is combined, subject to��r` OFJEp subsection ( 5 ) of this section. c, "4. Uses Permitted Conditionallv. In a zone with which the LM Zone is combined, the uses permitted shall be those permitted conditionally by the underlying zone with which the LM Zone is com- bined, subject to subsection 5 of this section. 1 - ORDINANCE NO. 90-020 0101 0391 115. Use Limitations. No structure, including agricul- tural buildings, shall be erected or substantially altered externally within one-quarter mile (measured at right angles from centerline of any identified landscape management roadway or within 200 feet of the mean high-water mark of any iden- tified landscape management corridor along a river) without first obtaining the approval of the Planning Director. "6. Dimensional Standards. In an LM Zone, the follow- ing dimensional standards shall apply: A. Minimum lot size shall be as established in the underlying zone with which the LM Zone is combined. B. Setbacks shall be those established in the underlying zone with which the LM Zone is combined. If upon written recommendation from the Planning Director, the Hearings Officer finds the established setbacks inap- propriate to carry out the purpose of the LM Zone, he may require more or less restrictive dimensions. "7. Zoning Permits. All buildings or structures covered by this section not requiring a building permit shall be required to obtain a zoning permit before beginning construction. 118. Design Review. In reviewing an application, the Planning Director or Hearings Body shall consider the following: A. Height, width, color, bulk and texture of the proposed building or structure to assure that the building or structure is visually com- patible with the surrounding natural land- scape and does not unduly generate glare or other distracting conditions. B. Retention of existing plant material and natural features so as to retain as much as possible the natural character of the area. C. Establishment of introduced landscape mate- rials to assure compatibility with existing vegetation, reduce glare, direct automobile and pedestrian circulation and enhance the overall appearance of the development while not interfering with the views of oncoming 2 - ORDINANCE NO. 90-020 0111 0392 traffic at access points or views of moun- tains, forests and other open and scenic areas as seen from the proposed site. D. Nothing in the section shall be construed to prevent the use of accepted agricultural practices, crops or equipment or restrict the construction of innovative residences, i.e. "dome" houses, except where their design or siting unduly diminishes the aesthetic qualities of the area. E. The placement of on-site sewage disposal systems shall be subject to joint review by the Planning Director or Hearings Body and Deschutes County Environmental Health Divi- sion. The placement of such systems shall minimize the impact on the vegetation along the river and shall allow a dwelling to be constructed on the site as far from the stream or lake as possible. Sand filter systems may be required as replacement sys- tems when this will allow a dwelling to be located further from the stream or to meet the 100 -foot setback requirement. "9. Septic Permits. Prior to the issuance of any on- site sewage disposal permit that is to be located in the Landscape Management Corridor along a stream or lake, a Landscape Management Plan shall be approved in accordance with this section." Section 2. Section 6.040(5), Exceptions to Yard Require- ments, is amended to read as follows: "5. Dwellings on parcels created prior to November 1, 1979, may be granted an exception to the 100 -foot setback from the high-water line or mark along a stream or lake subject to Ordinance No. 82-011 and the following criteria: A. An application shall be filed which includes: a. A detailed explanation of the planned development. b. An explanation of why an exception is necessary. C. A site plan, drawn to scale, and accom- panied by such drawings, sketches and descriptions necessary to describe and 3 - ORDINANCE NO. 90-020 0101 0393 illustrate the proposed development. The site plan shall, at a minimum, in- clude: i. An inventory of existing vegeta- tion, including trees on the lot located within 200 feet of the ordinary high- water line or mark along the stream or lake. The inventory shall be in suffi- cient detail to allow the review and evaluation of the impacts of the pro- posed development. ii. Proposed modifications of the vegetation on the lot within 200 feet of the ordinary high-water line or mark along the stream or lake, including the size, species and approximate locations of existing vegetation to be retained and new vegetation proposed to be placed upon the site. iii. Existing and proposed site con- tours. iv. The locations and dimensions of all structures, property lines, easements, high-water lines or marks, utilities and uses. V. Other site elements and information that will assist in the evaluation of the proposed development. d. An explanation of how the proposed development will satisfy each of the exception criteria set forth in subsec- tion 5(B). B. An exception may be granted only upon find- ings that: a. The structure to be sited is a dwelling that is no greater than 40 feet in depth (inclu- ding garages, carports and decks); b. Adherence to the 100 -foot setback would create a hardship, as defined in subsection (C) below, preventing such a dwelling from being sited on the lot; 4 - ORDINANCE NO. 90-020 0101 0094 C. The site plan protects and enhances the vege- tative fringe between the dwelling and the stream or lake to the degree necessary to meet the requirements set forth in the ap- plicable goals and policies of the Comprehen- sive Plan; and d. A conservation easement providing that the elements of the Site Plan will be carried out and maintained as approved, in perpetuity, for the area between the ordinary high water line or mark and the dwelling has been con- veyed to the county. C. a. For the purposes of this section, a hardship exists only in one of the following situa- tions: i. Adherence to setbacks required by the zoning ordinance in effect at the time of the application made under this section would prevent the dwelling from being sited on the lot, if the 100 -foot setback were observed; ii. The siting of a legal on-site disposal system, placed on the lot prior to November 1, 1979 makes it impossible for the dwelling to meet the 100 -foot setback; iii. Any approved initial on-site sewage disposal system and replacement system other than a sand filter system cannot be sited on the lot in a manner that will allow the dwelling to meet the 100 -foot setback requirement; iv. If the only initial on-site sewage dis- posal system for which approval can be obtained is a sand filter system and such a system and its replacement system cannot be sited on the lot in a manner that will allow the dwelling to meet the 100 -foot setback requirement; or V. Dwellings exist on both adjoining lots that are closer to the stream or lake than the proposed dwelling and such existing dwellings are located within 40 feet of the proposed dwelling. b. If utilization of a sand filter system as a replacement system will allow such a dwelling 5 - ORDINANCE NO. 90-020 0101 0095 to meet the 100 -foot setback, no exception shall be granted for reasons of on-site sewage disposal constraints. D. Dwellings qualifying for a setback exception under the criteria set forth above shall be located as follows: a. Except as set forth in subsection (b) of this section, the dwelling must be located as far as possible from the ordinary high water line of the stream or lake, allowing for the hard- ship constraints identified for the property. i. In instances where use of a sand filter system for a replacement system would allow the dwelling to be located further from the stream or lake than if another type of replacement system were utilized, the dwelling shall be sited in a manner to allow only enough room for a the approved initial on-site sewage disposal system and a sand filter system as a replacement system. b. Where a dwelling qualifies for a setback by virtue of subsection (C)(a)(v), the dwelling may be set back at a distance from the ordi- nary high water mark consistent with the adjoining houses, but in no case shall any part of such dwelling be located closer to the ordinary high water line than a line extending between the points of the adjoining houses that are closest to the river." Section 3. EMERGENCY CLAUSE AND EFFECTIVE DATE. This Ordi- nance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect July 9, 1990. DATED this LO day of9 , 1990. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 6 - ORDINANCE NO. 90-020 LOIS BRISTOW PRANTE. Commiss DICK YUA'Di)t,IN, Cobmissioner