HomeMy WebLinkAboutPL15-3ORDINANCE AMENDING ORDINANCES PAGE NU14BER
0 TO PL -15
U
11
83-033
Time Share Units
1
86-005
Rural Service Center Lot Size
(20,000 Square Foot Minimum)
5
86-007
Eliminate Animal Hospital as
Permitted Use in EFU-20 Zones
9
86-018
Hydroelectric Facilities
11
86-032
Changing References to Procedures
From PL -9 to Ord. 82-011
21
86-053
Rimrock Setback Requirements
23
86-054
Conservation Easements
29
86-056
Fill Land Removal as a Conditional Use
33
86-059
Surface Mining
41
87-013
Dwellings in EFU Zones
45
87-015
Lots of Record/Nonconforming
Lots and Parcels
51
87-032
Fill and Removal - Deschutes
55
River Exceptions
88-004
Surface Mining
59
88-008
Historic Preservation
61
88-009
Lot of Record
77
88-021
MUA Side Yard Setback Requirements
79
88-022
Limited Use Combining Zone (LU)
81
88-026
Fill and Removal Sunset Clause
85
88-030
Flood Plain
87
88-032
Revisions of conditional Uses in
Planned Community Commercial District
101
Amending Ordinances
18 OCT 1990
Page 1
rei M ro
AMENDING ORDINANCES
TO PL -15
PAGE NUMBER
89-004
Mobile Homes
89-007
Planned Community Multi -Family
District
89-008
Fill and Removal River Bank
Improvements, Specific Use
89-009
Boat Docks and Piers
89-013
Farm Dwellings
89-014
Mobile Homes Build Out Rate
90-014
Surface Mining
90-017
Parking
90-018
Allowing Dog Kennels as a Conditional
Use in EFU Zones
90-020
Landscape Management and Setback
Exceptions
90-035
Surface Mining Revisions
Amending ordinances
18 OCT 1990
Page 2
103
"M
115
121
127
129
131
161
163
165
171
1�
11
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ids s • Coun yi1ag
'o m. Uminance
NO. -1 in Definitions,*
Providing For Time -Share Units*
as a Conditional Use; Adding
Special. Use. -Criteria; and.
Declaring an Emergency-'
ORDINANCE NO. 83-033
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 1.030, Definitions of Deschutes County
Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979 is
amended by the addition of the following:
(1) "(126)(A) Time-share Unit.
(A) A dwelling unit, lot, or parcel divided into
periods of time under any arrangement, plan,
scheme or device; whether by membership, agree-
ment, share, tenancy in common, sale, lease,
deed, rental agreement, license, right to use
agreement, or otherwise; where a purchaser; in
exchange for consideration; receives a right to
use the dwelling unit,* lot, or parcel for a
period of time less than a full year during any
given year; but not necessarily for consecutive
years; which extends for a period of more than
three years; or
(B) A dwelling or unit, lot, or parcel created into
interests sold under an agreement to be subse-
quently divided or created into interests for the
purpose of sale or lease or other similar ar-
rangement as set out in subparagraph (A) above,
whether immediate or future, into eleven (11) or
more undivided interests or eleven (11) or more
other interests, or any other similar arrangement
of interests in the dwelling unit lot or parcel."
Section 2. Subsection 3, Conditional Uses Permitted, Section
4.060, Multiple Use Agricultural Zone (MUA-10), is amended by the
addition or:
ORDINANCE NO. 83-033
0
"(S) Time-share unit or the creation thereof."
-Section 3. Subsection 3 of Sec'tion*4.080,*`Fo**ries*t Use Zone
(F-2), is amended by the addition of:
"(0) Time-share unit or the creation thereof,."
Section 4. Subsection 3 of Section'.4.085, Forest Use Zone
(F-3), is amended by the addition of:
*(0) Time-share unit* or tlie*'cr*eation thereof."
Section 5. Subsection 3 of Section 4.120, Rural Residential
Zone (RR -10), is amended by the addition of:
"(0) Time-share unit or the creation thereof."
Section 6. Subsection 3 of Section 4.130, Rural Service
Center Zone (RSC), is amended by, the additionqf:
"(M) Time-share unit or the creation thereof."
Section 7. Subsection 3 of Section 4.140, Rural Service
Residential --M Zone (RSR -M), is amended by the addition of:z
"(J) Time-share unit or the creation thereof."
Section 8. Subsection (B)(2) of Section 4.240, Planned
Community Zone (PC), is amended by the addition of:
"(g) Time-share unit or the creation thereof."
Section 9. Subsection (C)(2)of Section 4.240, Planned
Community Zone_ (PC), is.amended by the addition of:
"(n) time-share unit or the creation thereof."
Section 10. Subsection (D)(2) of Section 4.240, Planned
Community Zone (PC), is amended by teh addition of:
"(i) time-share unit or the creation thereof."
Section 11. Article 5, Supplementary Provisions, is amended
to include Section 5.400, Time-share Unit, as follows:
"(1) Any time-share unit project shall have its
primary access on an arterial or collector
street.
2 - ORDIN'-I"NCE No. 83-033
N
E
(2) New time-share units may be developed in vacant
areas in the applicable zoning districts. provided
that such developments comply with (1) above and
the following:
(A) That such development has a minimum site
size of ten (10) acres, except within the
.Planned Community.(PC) Zone.
(B) That -such development is appropriately.....
buffered by.'the use of yards, landscaping
etc, from adjoining properties as determined
during site plan review considering the need
for privacy and the effects of noise.
(3) The Hearings Body may require bonds to assure
installation and maintenance of landscaping,
parking, and facilities that are part of the
buffering scheme.. It may also require that -an
adequate mechanism will exist, such as an owners
association, that will assure maintenance of such
-facilities.
(4) No structure shall be utilized as a time-share
unit unless all the units in the structure or
particular phase of the development are used as
time-share units for this purpose."
Section 12. This Ordinance being necessary for the immediate
preservation of public peace, health and safety, an emergency is
declared to exist, and this Ordinance takes effect on its passage.
DATED this !SV day of
_-) -L^_rN_S_ 1983.
F&1k#4-7W
Recording SA-cretary
3 - ORDINANCE NO. 83-033
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
. xuupi3, una
LOIS B ISTOW PRA Commissioner
LAURENCE A. TUTTLE, Commissioner
W1
lic
E
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Re -adopting Ordi-*
nance No. 85-045, Amending
Subsection (5) of Section
4.130 Of Ordinance No. PL -15, *
Deschutes County Zoning Ordi- *
nance of 1979, As Amended, To *
Authorize A Minimum Lot Size
Of 20,000 Square Feet, Adopt-
ing Findings, And Declaring
An Emergency.
ORDINANCE NO. 86-005
ILMAL CCU%NST.:t
DESCHUTES COUNTY, OREGON
WHEREAS, Steve Gold made application for a zone change to
amend Section 4.130 of Ordinance No. PL -15, -the Deschutes County
Zoning Ordinance of 1979, to allow a smaller lot size in the
Rural Service Center Zone; and
WHEREAS, Deschutes County proposed Ordinance No. 85-045 to
so amend Section 4.130 of Ordinance No. PL -15; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings officer held a hearing on the proposed
zone change and amendment on July 23, 1985; and
WHEREAS, the Hearings officer's decision was reviewed by the
Deschutes County Planning Commission, and on October 24, 1985,
the Planning Commission made its recommendation to the Deschutes
County Board of Commissioners; and
WHEREAS, the Board of County Commissioners adopted Ordinance
No. 85-045 on December 31, 1985; and
WHEREAS, the Board of County Commissioners finds that Ordi-
nance No. 85-045 should be re -adopted in order to enable the Land
Conservation and Development Commission to consider this ordi-
nance pursuant to Oregon Administrative Rule 660-03-033 when it
reviews Deschutes County's request for expedited acknowledgment
of its Comprehensive Plan and implementing ordinances at the Land
Conservation and Development Commission's January 30 and 31,
1986, meeting; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
ORDINANCE NO. 86-005
5
Section 1. That Subsection (5) of Section 4.130 of Ordi-
nance No. PL= -15, Deschutes County Zoning Ordinance of 1979, as is
amended, is further amended to read as follows: I
(A) The minimum average width of lots served by an
approved community, municipal or public water
system and an approved community or public sewer-
age system shall not be less than 50 feet with
minimum area of 6,000 square feet.
(B) The minimum average width of lots served by either
an approved community, municipal or public water
system or an approved community or public sewerage
system, but not served by both, shall not be less
than 100 feet with a minimum area of 15,000 square
feet.
(C) The minimum average width of.lQts not served by
either an approved community; -municipal or public
water system or an approved community or public
sewerage system shall be 150 feet with a minumum
area of one acre. Subject to the findings below,
.the hearings body may approve a lot area of less
than one acre, but in no case shall a lot area of
less than 20,000 square feet be approved. The
hearings body shall make all of the following
findings:
1. The lot can meet DEQ on-site sewage disposal
rules then in effect;
2. The approval of a smaller lot would not sig-
nificantly increase nitrate levels in the
ground water;
3. The lot shall have a supply of potable water
that would not be affected by the install-
ation of an on-site sewage system.
Section 2. To adopt as the Board of County Commissioners,
Findings andConclusions the Findings and Decisions of the
Hearings officer, dated August 27, 1985, a copy of which is
attached hereto as "Exhibit A" and incorporated herein, except as
modified in the amendment set forth above.
Section 3. This Ordinance is a re -adoption of Ordinance No.
85-045.
Section 4. 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.
2 - ORDINANCE NO. 86-005
(a
DATED this Cj6 day of January, 1986®
BOARD OF COUNTY COMMISSI NERS
OF D UTES BOUNTY, OWN
, cnairman
ATTEST: V
LAUREN " A. UTTLE, Commissioner
X I 0� 7 -
Recording DICK MAUDLIN.,'C(5mnfissioner
3 - ORDINANCE NO. 86-005
7
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGOtl
An ordinance Amending ordi-
nance No.* 81-025, Repealing
Section 1(2)(H) To Eliminate
"Animal Hospital" As Permit-
ted Use In Exclusive Farm Use
(EFU-20) Zone, Declaring An
Emergency And Prescribing An
Effective Date.
ORDINANCE N0. 86-007
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That portion..of Ordinance -No. 81-025 which
amended Ordinance PL -15, Deschutes County -Zoning ordinance of
1979, Section 4.040(2), Exclusive Farm Use Zone (EFU-20), Uses
Permitted .0utright, to add subsection (2) (H) , "Animal hospital,
subject to an acceptable site plan in accordance with Article 7",
is repealed.
Section 2. 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 pas-
sage.
DATED this c?qu day of January, 1986.
BOARD OF COUNTY COMMISSIONERS
OF DpiS ZHUTES jqOUNTY, OPLON
ATTEST:
41 " -
Recording Secretary
1 - ORDINANCE NO. 86-007
E
101
, unairman
LAUR-L.;-rE AN. TUTTLE, Commissioner
DICK MAUDLIN,-C(:;(mmissioner
I
ORDINANCE NO. 86-018
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON* ORDAINS as follows:
Section 1. Section 1.030, Ordinance No. PL -15, Deschutes
County Zoning ordinance of 1979, as amended, is further amended
to include the following definitions:
"(258) Conduit. Any tunnel, canal, pipeline,
aqueduct, flume, ditch or similar man-
made structure which is or may be used
to convey water.
(27A) Dam. Any man-made structure which is
or may be used to impound water.
(28A) Diversion. Any man-made structure
which is or may be used to deflect or
divert water from a river or stream
into a conduit.
(37A) Fish Passage Device. Any man-made structure
which is or may be used to enable fish
to pass over a dam to move upstream.
(37B) Fish Protection Device. Any man-made
structure, such as a fish screen, which
is or may be ..used to prevent fish from
Is entering into or passing through con-
i - ORDTNANCI: flo. fir)-0III
It V" tu
LEGAL COUNSEL
BEFORE THE BOARD -.)F COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
aa Fa
An ordinance Amending Ordi-'
mance No. PL_j5,.Deschu'tes.._
I Y Ci
U. VOL 72PAGE
County Zoning ordinance of.
1979, As Amended, To.Prohibit
Hydroelectric Facilities
Designated Zones and Stretches*''
Of The Deschutes River And Its*
Tributaries, To -Allow -Hydro-.. *
electric Facilities As Condi- *
tional Uses In Designated.
Zones and Stretches of the
Deschutes River, Establishing
Conditional Use Criteria,
Adopting Findings And Conclu-
sions, and Declaring An Emer-
gency.
ORDINANCE NO. 86-018
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON* ORDAINS as follows:
Section 1. Section 1.030, Ordinance No. PL -15, Deschutes
County Zoning ordinance of 1979, as amended, is further amended
to include the following definitions:
"(258) Conduit. Any tunnel, canal, pipeline,
aqueduct, flume, ditch or similar man-
made structure which is or may be used
to convey water.
(27A) Dam. Any man-made structure which is
or may be used to impound water.
(28A) Diversion. Any man-made structure
which is or may be used to deflect or
divert water from a river or stream
into a conduit.
(37A) Fish Passage Device. Any man-made structure
which is or may be used to enable fish
to pass over a dam to move upstream.
(37B) Fish Protection Device. Any man-made
structure, such as a fish screen, which
is or may be ..used to prevent fish from
Is entering into or passing through con-
i - ORDTNANCI: flo. fir)-0III
7.;) ;f, , -
Aut f -
E
duits, penstocks and other water -con-
ducting structures or devices connected
to a hydroelectric facility.
'(53A.) adroelectric Facility All aspects of
any project or develoi;ment necessary.
for or related, to the generation of
hydroelectric energy, including, but
not limited toc.conauits,'dams, diver-
sions, fish ladders and screens, gen-
eratorsi impoundments,, penstocks,
turbines, transmission facilities, and
related buildings, structures, storage
areas, access roads, parking areas and
surrounding and adjacent lands which
are necessary for or related to the
facility.
(53B) Impoundment, Any man-made structure
which is or may be used to impound
water.
(85A) Penstock. Any conduit or other struc-
ture'" ch is or may be used to convey
water to the driving mechanism of the
generator.
(130A) Transmission Facility. The conductors,
lines, poles, towers, structures,
corridors and construction staging and
assembly areas necessary for or asso-
ciated with the transmission of elec-
tricity from a hydroelectric facility
for distribution."
Section 2. Subsection 134, Section 1.030, ordinance No. PL -
15, Deschutes County Zoning ordinance of 1979, as amended, is
further amended to read as follows:
*(134) Utility Facility. Any major struc-
tures, excluding hydroelectric facil-
ities, owned or operated by a public,
private or cooperative electric, fuel,
communications, sewage or water company
for the generation; transmission,
distribution or processing of its prod-
ucts or for the disposal of cooling
water, waste or by-products, and inclu-
ding power transmission lines, major
trunk pipelines, power substations,
water towers,.. sewage lagoons, sanitary
landfills and similar facilities;, but
2 - ORDINANCC tJO. 86-018
17-
q.
VCL 7? "'ACE 0
excluding local sewer, water, gas,
telephone and power Aistribution lines,.
and similar minor facilities -allowed in
any - zone.'�
Section 3. Subsectid'n 3, Section 4.0101 Exclusive Farm Use
M
- EPU 320* . Ordinance No. PL. -15, -Deschutes County Zoning Ordinance
of 1979,. as amended, is further amended .by the addition of the
following:
w(0) Hydroelectric' facility', -.in accordance with sec-
tions 5.210 and 8.050(22) of this Ordinance."
Section 4. Subsection 3, Section 4.020, Exclusive Farm Use
- EFU 80, Ordnance No. PL -15, Deschutes County Zoning Ordinance
of 1979, as 'amended, is further amended by the addition of the
following:
(0) Hydroelectricfacility, in accordance with
Sections 5.210 and 8.050(22) of this Ordi-
nance."
Section 5. Subsection 3, Section 4.030, Exclusive Farm Use
EF"0,ordinance No. PL -15, Deschutes County Zoning Ordinance
of 1979,as amended, is further amended by I the addition of the
following:
"(0) Hydroelectric facility, -in accordance with
Sections 5.210 and 8.050(22) of this Ordi-
nance.
Section 6. Subsection (3), Section 4.040, Exclusive Farm
Use - TFU 20, -Ordinance No. PL -;,15, Deschutes County Zoning Ordi-
nance of 1979, as amended, is further amended by the addition of
the following:
(P) Hydroelectric facility, in accordance with
Sections 5.210 and 8.050(22) of this Ordi-
nance."
Section 7. Subsection 3, Section 4.060, multiple Us -
a -
Ordinance No. PL -15, Deschutes County Zoni
Ordinance of 1979, as amended, is further am ended by the additi
of the following:
(T) Hydroelectric facility, in accordance with
Sections 5.210 and 8.050(22) of this Ordi-
nance."
Section 8. Subsection 3, Section 4.070, Forest Use F-1,
Ordinance No. PL -15, Desch * utes County Zoning Ordinance of 1979,
as amended, is further amended by the addition of the following:
3 - ORDINANCE NO. 86-018
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VOL 72 �Acoe
(B) Hydroelectric facility, in accordance with
Sections 5.210 and 8.050(22.), of � this. Ordi-
nance."
Section 9. Subsectid'h 31 Section 4..080,,, Forest Use F-2
Ordinance No. 'PL -15j. Deschutes County Zoning 6-r-d-1-na-pceof 1979, -
as amended, is further amended by the addition of the following:
0(0), Hydroelectric facility, in accordance with
Sections 5.210 and 8.050(22) of this Ordi-
nance."'
Section 10. Subsection 3, section 4.085, Forest Use F-3,
Ordinance No. PL -15, Deschutes County Zoning ordinance of 1979,
as amended, is further amended by the addition, of the following:
"(P) Hydroelectric facility, in accordance with
Sections 5.210 and 8.050(22) of this ordi-
nance."
Section 11. Subsection 3, Section 4.100, Surface Mining
Zone - SM, Ordinance No. PL -15, Deschutes County Zoning Ordinanc
of 1979, as amended, is further amended by the addition of the
following:
"(F) Hydroelectric facility,, in accordance with
Sections 5.210 and 8.050(22) of this Ordi-
nance."
Section 12. Subsection 3# Section 4.'110, Surface Mining
Reserve Zone - SMR, Ordinance No. PL -15, Deschutes County Zoning
ordinance of 1979,7as amended, is further amended by the addition
of the following:
(F) Hydroelectric facility, in accordance with
Sections 5.210 and 8.050(22) of this ordi-
nance.*
Section 13. Subsection 3, Section 4.120, Rural Residential
- RR -10, ordinance No. PL -15, Deschutes County Zoning Ordin"ance
of- =99, as amended, is further amended by the addition of the
following:
"(P) Hydroelectric facility, in accordance with
Sections 5.210 and 8.050(22) of this ordi-
nance."
Section 14. Section 4.195, Deschutes River Combininci Zone
DR, Ordinance No. PL -19, Deschtite-s County Zonino Ordinance of
1-979, as amonded, is repealed.
4 - ORDrNANCr' MO. 86-01P
va 72 PAUCE 3 7
Section 15. Subsection 3, Section 4.220, Rural Industrial
Zone - RI, Ordinance No. PL -15, Deschutes -.County ZoningOrdinanceof 1997;as*athended,. is further amended by.the addition of the
following®
"(P) Hydroelectric facility, in accordance with
Sections .5.210 'apd 8.050(22) of this Ordi-
nance.*
Section 16. Subsection 2, Section.4-2.40, Planned Community.
Zone -.PC,, 5rdinahce NO.' PL -15,* Deschutes County Zoning 'Ordinance
of 1979,as amended, is 'amended by the addition of the following:
*(E)2.f. Hydroelectric facility, in accordance with
Sections 5.210 and 8.050(22) of this Ordi-
nance."
Section 17. Article 5, Ordinance No. PL -15, Deschutes
County Zoning Ordinance of 1979, as amended, Supplementary Pro-
visions, is amended by the addition of a new Section 5.210,
providing as follows:
"Section 5.210, Hydroelectric Facilities.
(1) No new hydroelectric facilities shall be
constructed, and no existing hydroelectric
facilities shall be enlarged or expanded in
size of area or generating capacity, on the
following rivers and stream's within Deschutes
County:
(A) Deschutes River, from its headwaters
to River mile 227, above but not in-
cluding Wickiup Dam, and from Wickiup
Dam to River Mile 171 below Lava
Island Falls;
(B)
Crooked River;
(C)
Fall River;
(D)
Little Deschutes River;
(E)
Spring River:
(F)
Paulina. Creek;
(G) Squaw Creek;
(H) Tumalo Creek.
5 - ORDINANCE r:n. 8(-,_ojf3
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VOL 72 PACE C) -7
46
(2) Hydroelectric facilities are allowed.as a
conditional use on the Deschutes River at
Wickiup Dam, and from River mile 17.1 below.
'Lava Island' Falls," downstream to the northdrri
Deschutes CountX- line. Such conditional use
shall.be governed by the conditions set forth
in Section 8.050 of this ordinance."
Section 18. Section 8.050, Ordinance N6. 'PL --.15*, Peschutes
County Zonanq7j5rdinance of.1%79 - , As amended:F-Conditional Uses, is
amended by the addition �of a new subsection (722), providing as
follows..
*(22) Hydroelectric Facilities.
(A) The criteria set forth below shall apply to
any construction or expansion of, or other
modification to, hydroelectric facilities
in zones where such facilities -Are permit -
.ted as a conditional use. A conditional
use permit may be granted for the construc-
tion or expansion of, or other modification
to, a hydroelectric facility only upon
findings by the Hearings Body that the pro-
posal meets each of the following criteria,
where applicable;
(1) The facility is located at and
physically connected to an exist-
ing man-made diversion or impound-
ment;
(2) The facility will not increase the
maximum surface area or capacity
of the impoundment created by the
existing dam or diversion to which
the facility will be connected;
(3) The facility will maintain or en-
hance, to the greatest extent pos-
sible, the existing scenic, visual,
environmental and aesthetic quali-
ties of the affected stretch of the
river.
(4) The facility will maintain or
enhance the existing recreational
opportunities on or adjacent to
the affected stretch of the river.
(5) The. facility will maintain or en-
hance existing fish and wildlife
I
6 - ORDINANCE NO. 86-018
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habitat, and will have no adverse
impact upon any threatened or en-
danger6d*fish, *ijildlife or plant
species or, their habitat.
(6) Th4ffacility and its operation will
mainpain.orenhance existing water
quality in the affected stretch of the
river, except during construction -of the.
facility, when adverse impacts on water
quality will. minimized. Specifi-
cally, the facility and its operation
will not:.
(a) deposit, or create a zone for
the deposit of, sediments in the
river at or adjacent to the
site;
(b) increase the temperature of the
river in the affected stretch by
any means, including but,not
'limited to removal of vegetation
or reduction in streamflow; or
(c) create the potential for, or
result in, spillage, leakage or
discharge of oil, chemicals or
other substances or waste prod-
ucts which could reach the
river.
(7) The facility and its operation will not
increase soil or bank erosion or destroy
bank habitat at or on land adjacent to the
site, except during construction of the
facility, during which time soil or bank
erosion and destruction of bank habitat
will be minimized.
(8) The facility and its operation will
maintain existing public access to
the affected stretch of the river.
(9) The facility will not be located at
or immediately adjacent to any iden-
tified archaeological or historical
site, national or state park, wild-
life refuge, Bureau of Land Manage-
ment Outstandinq Natural Area or Area
of Critical Environmental Concern,
7 - ORDINANCE C.O. 86-018
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VOL 72 pgc7
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Federal Research Natural Area or U.S.
Forest -Service Special, Interest Area.
(10) The. facility. will not be located:on
any stretch of the river that is
being studied or recommended for
inclpsion ineitherthe Federal Wild
and Scenic Rivers Program or the
State Scenic Waterways Program,
unless.19cation of the facility.at
tha't site would not preclude inclu-
sion of the stretch in the state or
federal program.
(11) The facility and its operation will
comply with all applicable noise,
water quality and pollution regu-
lations of the Oregon Department of
Environmental Quality.
(12) The facility and its operation will
comply with all applicable state and
local fill -and -removal statutes and
regulations®
(B) The applicant for a conditional use permit
for a hydroelectric facility, in addition
to all other requirements, shall submit the
following for approval:
(1) Detailed construction plans and
profiles of all facility features,
including building elevations of the
powerhouse and otherstructures,
excavation plans and narrative as to
where blasting will occur and where
excess material will be deposited, and
landscaping and reclamation plans.
(2) Detailed plans for meeting the cri-
teria set forth in subsection (A)
above.
(3) Detailed plans for river enhancement
documenting both on-site and off-site
enhancement plans consistent with
adopted river -related goals and poli-
cies, such as plans and methods for
conserving water and enhancing stream -
flows. The plan shall identify costs,
time.,schedules and coordination activ-
8 - ORDINANCE NO. 86-018
IL
ities with affected persons and agen-
cies for such enhancement plans.
(4) A cash deposit, performance bond or
.other security acceptable to -Deschutes
County, in an 'amount equal to 100
percent of the estimated cost of river
enhancement:
(5) Detailed plans for a water conserva-
tion and. -stream enhancemeait program to
be funded by a_ portion of revenues
generated by the operation of.the
proposed facility. The program plans
shall contain the following:
(a) A program timetable;
(b) Projected gross revenues from
the proposed facility;
(c) projected program expenditures
and the percentage of gross
revenues they represent;
(d) Projected water savings and the
percentage of known current
water losses they represent;
(e) A declaration by the applicant
that at least fifty percent of
the conserved Water will remain
undiverted by the applicant;
(f) A declaration by the applicant
that water diversion for power
generation will not cause water
flow in the affected stretch of
the river (from the diversion to
the tailrace exit) to fall below
the minimum streamflow for that
stretch as recommended by the
Oregon Department of Fish and
Wildlife; and
(g) A declaration by the applicant
that it will enter into an
agreement with Deschutes
County, prior to beginning
construction of the facility,
by which the applicant agrees
to fulfill all of the require -
9 - ORDINANCE NO. 86-018
VOL
72
ments in paragraphs (a) through
of. -this subsection.-
Section.19_ The Board*of-County-Commissionees adopts as its
-findings and conclusions supporting the amendments in Sections I
through 18 of this Ordinasice.the Staff Report, dated May 21,
1986j.relating to the Deschptes River corridor.
Section -20. 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.
DATED *this � Z4 day of June, 1986.
ATTEST:
A-
R'ecording Secretary
10 - ORDINANCE NO. 86-018
BOARD OF COUNTY COMMISSIONERS
;zM:z=
LOT,%/ BRIstow PRANTE, Chair -
'-,ZXTT�� Commissioner
_'O"..., .
, commissioner
11
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC11UTES CCU,?T'1-, OREGON
An Ordinance Amending Ordi-
nance No. PL -15, Deschutes
County* Zoning Ordinance of
1979, As Amended, Revising
References To Procedures Ordi!*
-mance, And Declaring An Emer-
gency.
ORDINANCE NO. 86-032
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Ordinance No. PL -15, Deschutes County Zoning
Ordinance of 1979, as amended, is further amended to remove all
references to former Ordinance No. PL -9, including those refer-
ences in Sections 7.050, 8.060, 9.040, 10-020, 104030, 11.030,
11.050, and 11.080 of Ordinance No. PL -15, and to substitute
references to Ordinance No. 82-011.
Section 2. 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 �/7dday of April, 1986.
BOARD OF COUNTY COMMISSIONER
OF DESCZVTES COUIWT�OREGOV
ATTEST:
LAUR
Recordinj'Secretary
ORDINANCE NO. 86-032
RIST`OW PRANTE,'Chair
, commissioner
MAUDLIN, Commissioner
L)
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGC
An ordinance Amending Ordi--
..nance,No. PL -15,, Deschutes
County Zoning ordinance of,
1979, As Amended, To Amend
Definition of-Rimrock, To
Amend.-Rimrock.Set.back Require-*
ments, To..Create EXdept.ionst
Adopting Findings and Conclu-
sions, and.Declaring An Emer-
gency.
j
30 Pi' 4® 1 VOL 72
FAVI
L.i 02
U`J; ji - I I'Y C LE;R'4`s
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)
• Creek; an*'
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 11se - EFTJ 320,
1 - ORDINANCE NO. 86-053
N
va 72
Ordinance No. PL -15, Deschutes County Zoning Ordinance 'of 1979,
as amended, . is. further amended to add the following:
*(S-) Rimrock Setback-.. Setbacks from. rimrock shall be
as provided in Section 5.240 of -this Oirdina*nce. 10
Section 3. section 4.020, Exclusive Farm Use - EFU 80,
Ordinance No. P * L-15,,.Deschuttes County Zoning.Ordinance of 1979,
as -amended, is further amehded*to add. the fol-10iwing:
*(8) Rimrock 'Setback ***Setbacks from rimrock shall . be
as provided in Section 5.240 of this Ordinance."
Section 4. Section 4.030,
Ordinance No. PL -15, Deschutes
as amended, is further amended
Exclusive Farm Use - EFU-40,
County Zoning Ordinance of 1979,
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,
Ordinance Nd. -PL -15, Deschutes
as amended, is further amended
Exclusive Farm Use, EFU-20,
County Zoning Ordinance of 1979*
to add the following:
*(9) Rimrock Setback. Setbacks .from rimrock shall be
as provided i'n-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 providedinSection 5.240 of this Ordinance."
Section 7. Section 4.070, Forest Use, F-1, *Ordinance No.
PL -15, Deschutes County Zoning Orfinance---- 0-T 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:
ORDINANCE NO. 86-053
E
-72 thuF
"(10) Rimrock Setback. Setbacks from rimrock shiiij. be
as providedinSection 5.240 of this ordinaice."
Section 10. Se*ction, 4.090(,5),, open Space and Conservation
Zone,. OS&C.* 10rdin'ance -NO.-. PL -,1,5, Deschut4i6 A County Zoning Ordi-
nance of T9791- as amended, is further.amended to add the follow-
ing:
"(5)(E) setbackA 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
19-79, as amended, is further amended to add the following:
."(5)(P) 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 ZoningOrdinanceof 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 -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 providedinSection 5.240 of this Ordinance."
Section 15. Section 4.140, Rural Service Residential - M,
RSR -Mr Ordinance No. PL -15s DeschutesCountyZoning 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 Stand'Irds. rhe condition:; contained in
3 - ORDINANCE NO. 86-053
10
VGL
subsections 4.140(6), (7)f (8), (9) and (10) shall
apply in the RSR -5 zone."
Section 17.. Section 4.*.160, Airport Development Zone, A -D,
ordinance No. PL -154 Deschutes County Zoning ordinance of .1979,
as amended, is further amdnded to add the following:
(10) Rimrock Setback.®
Setbacks from rimrock shall be
'as. provided. in Section 5.240 -of this OrdinJance;.
Settion 18. Section 4.220, Rural Industrial Zone, R-1,
Ordinance No. PL -15® Deschutes County Zoning -or i.nance of -1979,
as amended,..Is further amended to add the following:
n(ll) 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)(6), (F)(3T-, 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
s 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 edgeofthe 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 dock does not exceed
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
4 - ORDINANCE NO. 86-053
Is
Vot
(3) If there is more than one rimrock ledge or
outcrop within the river or stream canyon,
the 20 -foot
setback requitementshall 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
k of the river or
stream, the s-tructure-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."
7?
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 Reports 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.
DATED this ' ay of
P 1986.
a0ARD OF COUNTY COMMISSIONERS
OF QZgCHUTWC0qNTY, QRRON
LO BRISTOL jPRANTE, . Chair
ATTEST:
LAURVXE LE, Commissioner
Recording Secretary D MAUDLI I Comissioner
5 - ORDINAwf- rjo. 136-053
Kt V I t'fVLU
t&CAL COUNSEL
BEFORE THE BOARD OF COU.VTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
J 11 33, P,
Y
An Ordinance Amending `Oedi_--"
nance No. PL -15, Deschutes.
County Zoning ordinance or *
1979, as Amended, To Define
Conservation Easement,,Requ'ire*
Conservation Easement As
Condition of Approval icor
Land Use Actions on Property
Adjacent to Certain Rivers
a . rid- Streams, Adopting Findings*
and Conlusions, and Declaring
an Emergency.
S AJ is OlUfY
VOL
ORDINANCE NO. 86-054
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
72 FACE 8f,
Section 1. Section 1.030, Ordinance No. PL -15, Deschutes
County Zoning ordinance of 1979, as amended, is further amended
to add the following definition:
*(25B) Conservation Easement. A non -possessory inter-
est in teal property conveyed by the property
owner to the County, imposing limitations or
affirmative obligations concerning the use of
the property. The purposes of a conservation
easement include, but are not limited to, re-
taining or protecting natural, scenic or open
space values, public access, protecting natural
resources, maintaining or enhancing air and
water quality, and preserving the historical,
archaeological or cultural aspects of the prop-
erty."
Section 2. Article 5, Supplementary Provisions, ordinance
No. PL -15, Deichutes County loning Ordinance of 1979, as amended,
is further amended to add the following:
"Section 5.500. Conservation Easements On Property
Adjacent To Rivers And Streams7 Prohibitions.
(A) As a conditioA.of approval of all 'land use
actions involving property adjacent to the
Deschutes River, Crooked River, Fall River,
Little Deschutes River, Spring River,
Paulina Creek, Squaw Creek and Tumalo
0RDTNPNCE
EMMai
-7
12 -ArT
Creeks the property owner shall convey to
the County a conservation easement, as
defined in Section 1.030(258) of this
Ordinancer*affecting all property on -the, -
subject lot which is within 10 feet of the
mean high water mark of the river or
stream.
(B) The form of the conservation easement shall
.be as prescribed by the County and may
contain such conditions as the County deems
necessary to carry out the.purposes de-
scribed in Section 1.030(258) of this
Ordinance.
(C) Any public access required as part of a
conservation easement shall be subject to
the following conditions:
(1) Public access shall be limited to foot
traffic for recreational purposes and
the putting in or taking out of boats.
(2) Unless otherwise permitted by the
affected property owner, public access
does not allow public passage through
other private property to gain access
to the property subject to the conser-
vation easement.
(3) Unless otherwise permitted by state
law, county ordinance or the property
owner, no,person on the subject
property as a result of a public
access requirement of a conservation
easement shall deposit solid waste,
damage or remove any property (inclu-
ding wildlife and vegetation) maintain
or ignite fires or fireworks, disc-
harge firearms, or camp."
.Section 3® The Board of County Commissioners adopts as its
findiFgs and conclusions supporting the amendments in Sections 1
and 2 of this ordinance the Staff Report, dated May 21, 1986,
relating to the Deschutes River Corridor.
Section 4. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emerq�ncy
is declared to exist, and this Ordinance takes effect on its
passage.
2 - ORDINANICE NO. 86-054
30
11
0
0
9
DATED this day of 1986.
SOARD OF CO'UN'TY' COMMIS NERS
Of DA$CHUT COU TY,,. R 9ON
- Rw-,;
C-LOIVBRISTOW PRANTE, Chair.
ATTEST:
Recording -6102rcretary
3 - ORDINANCE NO. 86-054
31
E
11
E
I LEGAL COUNSEL i
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 Add 6e f i-*
'
nitions, To Authorize Fill And*
Removal' As A Conditional -Use
In Certain zones,,*. To Create
Exceptions, Requiring a
"Sunset* Review, Adopting
Findings and Conclusions, And
Declaring An Emergency.
ORDINANCE NO. 86-056
, ' f%
VOL - 7;� ?ACE
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 1.030 (136A) , Winter Solar Heating
Hours, ordinaiice No. PL -15j Deschutes County Zoning Ordinance of
1979, as amended, is renumbered Section 1.030 (136B) .
Section 2. Section 1.030, Ordinance No. PL -15, Deschutes
County Zoning ordinance of 1979, as, amended, is further amended
to add the following:
(14A) Bank-full.Stage. The elevation at which
water overflows the natural banks of a
stream, river, or lake and begins to inundate
the upland. In the absence of physical evi-
dence, the two-year reoccurrence interval
flood elevation may be used to approximate
bank -full stage."
(15A) Bed or Banks of Stream or River. The physi-
cal container of the waters of a stream or
river 'lying below bank -full stage, and the
land 10 fedt on either side of the contain-
er."
(136A) Wetland. Those areas that are inundated or
saturated by surface or ground water at a
frequency or duration sufficient to supports
and that under nor:nal circumstances do sup-
port, a prevalence of vcqctation typically
adaptf-d for liti. in :satiir.ited roil condi-
tion3. vj(_-tlafids _ic1u(JQ ;wompi, marnhe-n,
bogs, and other si-ilar areas."
4
ORDINANCF NO. 86-056
VOL
Section 3. Article 6, Exceptions, Ordinance No. PL-15,
Deschutes County Zoning Ordinance of 1979, 'as-amended" is*' further.-
amended to add the following:
"SECTION 6.060. FILU AND REMOVAL EXCEPTIONS.
(1) The following fill and removal activities are
Permitted outright if the -material to be filled or'
removed will not exceed 50 cubic yards in volume:
(a) Removal of vegetation for the* purpose of:
(i) *Removal of diseased or insect-infested
trees or shrubs, or rotten or damaged
trees that present safety hazards.
(ii) Normal maintenance and pruning of trees
and shrubs.
(2) The following fill and removal activities may be
authorized by the Planning Director upon a finding
that no adverse impacts will occur to the water
resources of Deschutes County:
(a) Minor fill or removal required for vegetative
enhancement, including excavation and prepar-
ation of the ground for planting additional
vegetation.
(b) Fill or removal for maintenance and repair of
existing bridges, dams, irrigation facil-
ities, and similar public and semi-public
facilities,.provided such fill or removal
does not alter the existing characteristics
of the stream, rivers or wetland.
(c) Fill or removal for maintenance and repair of
nonconforming structures or boat docks."
'Section 4. Section 8.050, Ordinance No. PL -15, Deschutes
County Zoning -Ordinance of 1979, as amended, Specific Use Stan-
dards, is further amended to add the following:
"(23) Fill and Removal®
(A) Except as otherwise provided in this ordi-
nance, no person shall fill or remove any
material or remove any vegetation, regardless
of the amount, within the bed and banks of
any stream or river, or in any wetlands
unless such . fill or removal is approved as a
j
2 - ORDINANCE NO. 86-056
3.q
I
11
72
conditional use in accordance with the fol -
standards:
An application shall be filed containing
a. plan with the following information:
(a) A: detailed explanation of the
planned fill. or -removal including
the amount of material to be filled
or removed.
(b) An explanation of w-hy the fill or
removal is necessary.
(c) A site plan, drawn to scale and
accompanied by such drawings,
sketches, and descriptions as are
necessary to describe and illus-
trate the proposed fill or removal.
The site plan shall, at a minimum,
include:
(i) An inventory of existing
vegetation.
The proposed modifications,
if any, to the vegetation.
(iii) Existing and proposed site
contours.
(iv) Location of property lines,
easements, and high water
marks.
(v) Other site elements or infor-
mation which will assist in the
evaluation of the proposed
fill or removal.
(d) A letter from the Oregon Department
of Fish and Wildlife stating that
there will be no adverse impacts
upon fish or wildlife habitats from
the proposed fill or removal.
(2) Public facility and service uses, such
as construction or maintenance of roads,
bridges, electric, gas, telephone,
water, sewer transmission and distri-
bution.,lines, an..-' related facilities
controlled !�y pi.t-)lic utilitief, or cc -
3 - ORDINANCE NO- 86-()5(;
a;:�
va 72
operative associations, shall not be
granted conditional use -
pe.rm..i ts to fill
or remove unless the following findings
are made:
(a) That all necessary state and
federal permits will -be obtained as
a condition of approval of the
conditional -use.
(b) That -the' roads, bridges, transmis-
sion and distribution lines, and
related facilities cannot, as a
practical matter, be located out-
side of the wetland, or bed and
bank of the stream or river.
(c) That the construction or mainten-
ance requiring the fill or removal
will be done in a.manner designed
to minimize the adverse impact upon
the wetland, stream, or river. I
(d) That erosion will be adequately
controlled during and after con-
struction.
(e) That the impacts on fish and wild-
life habitat from the fill or
removal will be minimized to the
greatest extent practical.
(3) Fill or removal required for public park
and recreation areas, natural and out-
door education areas, histori4d and
scientific areas, wildlife refuges,
public boat launching ramps, public
docks and public walkways shall not be
allowed as a conditional use unless the
following findings are made:
(a) That all necessary state and feder-
al permits will be obtained as a
condition of approval of the condi-
tional use permit.
(b) That only the minimum removal of
vegetation or material and dredging
or excavation necessary for con-
struction and maintenance will be
done.
4
4 - ORDINANCE NO. 86-056
(c)
That the specific location of the
s i ite will require the minimum ,
amount of disturbance to the nat-
ural environment., considering
alternative locations An the area
and methods of construction.
(d)
That'sucfi construction and mainten-
'and
ance*is designed done in such a'
manner as to minimize the -adverse
impact on the site'..
Ae)
That erosion will be adequately
controlled during and after con-
struction.
(f)
That the impacts on fish and wild-
life habitat by the fill or removal
will be minimized to the greatest
extent practical.
4) Except for uses identified in subsec-
tions (2) and (3) above, an application
for
a conditional use permit for activ-
ity
ial
involving fill. or removal of mater-
or vegetation
within the bed and
banks
of a stream, river, or wetland:
(a)
Shall be granted only after consi-
deration of the following factors:
M The effects on public or
private water supplies and
water quality.
(ii) The effects on aquatic life and
habitat.
=he effects on wildlife habitat.
(iv) Recreational, aesthetic, and
economic values of the affected
water resources.
(v) Effects on the hydrologic char-
acteristics of the water body,
as direction and velocity of
elevation of water sur-
f3cc, sediment transportation
stahilination of the
and f lood hazards.
5 ORDINANCE NO. 86-056
VOL 72
(vi) The character of the area,,. con -
side * ring existing.'stream bank,
stabilization problems and fill
or removal Projects which have
previously occurred.*
(b) S-hpll not be granted unless all of
the following.conditions are met:
That ' all necessary state and
federal permits'will be obtained
as a condition of approval of the
conditional use.
!t
6 - ORDINANCE NO. 86-05r)
M
That there is no practical alter-
native to the proposed project
which will have less impact on
the surrounding area, considering
the factors established in sub-
section (4)(a) above.
That there will be no significant
impacts on the surrounding ,
area, considering the factors
established in subsection (4)(a) 10,
above.
(iv) That erosion will be adequately
controlled during and after the
project.
(v) That vegetation will maintain the
essential character, quality, and
density of existing growth.
Additional vegetation shall be
required if necessary to protect
aquatic life habitats, functions
of the ecosystem, wildlife val-
ues, erosion, and aestehtic
resources.
(vi) That the proposed fill or removal
activity will be consistent with
all relevant goals and policies
of the Deschutes County Compre-
hensive Plan.
(vii) That a conservation easement, as
defined in Section 1.030 (25B)
Of thi:-, ordinance, nh,111 be
conveyed to the Cuilrity, tjtIik-tI
Pro"'iflQ:1, at a minimum, tti.11
VOL 72
all elements of the project will
be carried out and maintained
as-approved,.in perpetuity, for -
the regulated fill or removal
area and all real -property -on the
same lot, within 10 feet of 'any
wetland, river or stream."
Section .5.. T.he Board.. of County Commis*sio.ners of Deschutes
County ";8opts-as its findings and conclusions supporting the
amendments in Sections I through 4 of this. ordinance the Staf f
Report# dated May 21, 1986, relating to the Deschutes River
Corridor.
Section 6. Not later than one year after passage of this
Ordinance, the Deschutes County Planning Director shall report to
the Deschutes County Board of County Commissioners regarding the
implementation and effect of this ordinance. Not later than two
years after passage of this ordinance, the Board of County Com-
missioners shall review this Ordinance, hold a public hearing and
determine whether a public need exists to continue the ordinance.
Section 7. This Ordinance being necessary for the immediate
preservation R the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
DATED this Z��ay of June, 1986.
BOARD OF COUNTY COMMISSION jRS
OF DE 5-QH U T E S � U N -T
X, ORF,,60
BRISTOW PRANTE,- Chair
ATTEST: I I I
LAUREN A Commissioner
P<'177�AM-oc- .
Recording Secretary D-1 X_A7U_ 6d IN, Co'missioner
7 - ORDINANCE-- NO. 86-056
3C
0
0
BEFORE THE BO."'RD OF COUNTY CC!,U�ISSICNERS
An Ordinance Amending Section
4.100, Surface Mining (SM)
Zone, of Ordinance No. PL -15,
Deschutes County Zoning Ordi-
nance of 1979, as Amended,
'To Provide Use Limitations on
Agricultural Land, and
Declaring an Einergency.
-_'-:'CCTjT_ T TES COUNTY,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Section 4.100, Surface Mining Zone - SM, of
Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979,
as amended, is further amended by the -addition of subsection 3A,
which reads as follows:
-(3A) Use Limitations. Agricultural lands
zoned Surface Mining (SM) Zone shall only
be used for farm uses asdefined in ORS
215.283, and for the exploration, mining
and processing of aggregate and other
mineral resources, or other subsurface
resources, or for operations conducted
for the mining and processing of geo-
thermal resources as defined by ORS
522.005. Agricultural lands zoned SM may
be used for any uses permitted outright
and uses permitted conditionally in this
section to the extent not otherwise
prohibited by this subsection."
Section 2. 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.
1 - ORDINANCE NO. 86-059
W -A
WAFA
—day of
DATED this 1986.
BOARD OF COUNTY CO!-LMISSIONERS
OF DE HUTES COUNTY, N
ATTEST:
A
P,ecording'Secretary
2 - ORDINANCE NO. 86-059
i cnair
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES -_'OUNTY, OREGON
An Ordinance Amending Ordinance
No PL 15,,the Deschutes County
Zoning Ordinance, Revising Pro-
visions for Dwellings in Exclusive.*
Farm Use (EFU) Zones, and Declar- *
ing an Emergency.
ORDINANCE NO. 87®013
WHEREAS* on November 19, 1979, the Deschutes County Board of
County Commissioners adopted a resolution which established a
standard whereby dwellings would be allowed on any parcel in the
Exclusive Farm Use (EFU) Zone based upon a presumption that the
land on which the dwelling was to be placed was being used for
farm use; and
WHEREAS, the standard 'established by the 1979 resolution was
not consistent with the standards and procedure set forti, in ORS
215.213, 215-236 and 215.283 for the establishment of dwellings in
EFU zones; and
WHEREAS, by Resolution No. 87-011, the Board of Coun'ty Com-
missioners rescinded the resolution dated November 19, 19791 and
WHEREAS, the Board of County Commissioners has found that
there are a number of parcels of land in Deschutes County, located
in EFU zones, which are below the minimum lot size in the zone,
and which parcels were legally created prior to the adoption of
the Deschutes County Zoning Ordinance; and
WHEREAS, the Board of County Commissioners has also found
that a number of these pre-existing non -conforming lots may be of
sufficient size to allow commercial agricultural production,
particularly by the raising of -livestock; and
WHEREAS, the Board of County Commissioners believes that it
is appropriate to allow a dwelling on a pre-existing non -conform-
ing lot in an EFU zone where that lot is of sufficient size to
support commercial agricultural activity and where the dwelling
will not interfere with existing agricultural production on sur-
rounding property; and
WHEREAS, the Board of County Commissioners believes the
provisions of ORS 215.283, which authorize a dwelling on land used
for farm use without regard to the size of the parcel, give the
County the flexibility to allow a dwelling on a pre-existing non-
conforming lot used for farm use; and
ORDI!:ANCE NO. 87-013
WHEREAS, the Board of County Commissioners believes that
standards must be adopted for a farm dwelling on a pre-existing
non -conforming lot. in an EFU zone-, now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
ORDAINS as -follows: OREGON
Section 1. Subsection 3 . of Section 4.010, Exclusive Farm Use
$EJFU,-;�'320#,-,OrU'inance No. PL -15, Deschutes County Zoning Ordinance of
1979, as ' amended, is further amended by the addit
lowi'ng: ion Of the fol -
"(P) A single -family -residential dwelling, includ-
ing a mobile home subject to Section 5.100 of this
Ordinance, customarily provided in conjunction with farm
use, on pre-existing non -conforming lots as defined in
Sections 1.030 and 6.020 of this Ordinance, subject to
the following criteria:
a. The lot is currently employed
for farm use where the day-to-day
activities are principally directed
to the farm use of the land.
b. The lot is.,Of sufficient size to
demonstrate commercial production of
food, fiber, or livestock using
innovative and/or intensive farming
practices, during at least two of
the previous three years.
C. The soil, growing season, water
and energy are adequate and avail-
able for the farm use.
d. The markets for the farm product
are demonstrable.
e. The proposed dwelling on the lot
will not adversely affect adjacent
and surrounding commercial agricul-
tural operations.
f- The proposed dwelling on the lot
will not force.a significant change
in or significantly increase the
cost of accepted farming practices
on nearby agricultural land.
9. The lot and the farm use on it •
are appropriate for the continuation
2 - ORDINANCE NO. 87-013
of the existing commercial agricul-
tural operations in the-area."
Section 2. Subsection 3 of Section .4-020, Exclusive Farm Use
#EPU-.
Ordinance No: PL-.15,Deschutes County, Zoning Ordinance of
1979, as amended, is further amended. by the addition of the fol-
lowing:
(P) A single family residential dwelling, includ-
ing a mob 1 ile home subject to Section 5.100 of this
ordinance, customarily provided in conjunction with farm
use, on Ore -existing non -conforming lots as defined in
Sections 1.030 and 6.020 of this ordinance, subject to
the"following criteria:
a. The lot is currently employed
for farm use where the day-to-day
activities are principally directed
to the farm use of the -land. �-
b. The lot is of sufficient size to
demonstrate commercial production of
foods fiber, or livestock using -
innovative and/or intensive farming
practices, during at least two of
the previous three years.
C. The soil, growing season, water
and energy are adequate and avail-
able.for the planned farm use.
d. The markets for the farm product
are demonstrable.
e. The propos ' ed dwelling on the lot
will not adversely affect adjacent
and surrounding commercial agricul-
tural operations.
f. The proposed dwelling on the lot
will not force a significant change
in or significantly increase the
cost of accepted farming practices
on nearby agricultural land.
g. The lot and the farm use on it
are appropriate for the continuation
of the existing commercial agricul-
tural operations in the area."
Section 3. Subsection 3 of Section 4.030, Exclusive Farm Use
EFU-40, Ordinance No. PL -15, Deschutes County Zoning Ordinance of
3 - ORDINANCE NO. 87-013
1979, as amended, is further amended by the addition of the fol-
lowing:
*(P)' A single family residential dwelling, includ-
ing 4 mobile home. subject to.Section 5.100 of. this
.:ordinance, 'customarily provided in conjunction with farm
use, on pre-existing non -conforming lots as defined in
Sections 1.030 and 6.020 of this Ordinance, subject to
the following criteria:
a. The lot is currently employed
for 'farm use where the day -to -*day
activities are principally directed
to the farm use of the -land. -
b. The lot is of sufficient size to
demonstrate commercial production of
food, fiber, or livestock using
innovative and/or intensive farming
practices, during at least two of
the previous three years.
C. The soil, growing season, water
and energy are adequate and avail-
able for the planned farm use.
d. The markets for' the* farm product
are demonstrable.
e. The proposed dwelling on the lot
will not adversely affect adjacent
and surrounding commercial agricul-
tural operations.
f. The proposed 'dwelling on the lot
will not force a significant change -
in or significantly increase the
cost of accepted farming practices
on nearby agricultural land.
• The lot and the farm use on it
are appropriate for the-continuati
of the existing commercial agricul
tural operations in the area." I
Section 4. Subsection 3 of Section 4.040, Exclusive Farm Use
9FU-20t Ordinance No. PL -15, Deschutes County Zoning Ordinance of
1979, as amended, is further amended by the addition of the fol-
lowing:
"(Q) A single family residential dwelling, includ-
ing a mobile home subject to Section 5.100 of this
4 - ORDINANCE NO. 87-013
E
ordinance, customarily provided in conjunction with farm
use, on pre-existing Pon -conforming lotsas defined in
Sections 1.030 and 6.020 of this ordinance, subject to
the. following ..criteria:
a. The lot is currently employe -'d
for farm -use where -the day-to-day
activities are principally directed
to th4farmuse of the land.
b.T'he'16t * is of siif f icient 'siz . e . to
:'
demonstrate commercial Production of
food, fiber, or livestock using
innovative and/or intensive farming
practices, during at least two of
the previous three years.
C. The soil, growing season, water
and energy are ad'equate and --Avail-
able for the planned farm use.
d. The markets for the farm product
are demonstrable.
e. The proposed dwelling on the lot
will not adversely affect adjacent
and surrounding commercial agricul-
tural operations.
f. The proposed dwelling on the lot
will not.force a significant change
in or significantly increase the
cost of accepted farming practices
on nearby agricultural land.
g. The lot and the farm use on it
are appropriate for the continuation
of the existing commercial agricul-
tural operations in the area."
Section 5. In support of these amendments, the Board of
County Commissioners adopts and incorporates herein the findings
attached hereto as "Exhibit*A".
5 - ORDINANCE NO. 87-013
M
Dated this day of 1987.
BOARD, OF COUNTY COMMISSIONERS
AOFXCHUT -COUNTY, 0'R-)EGON
LOIS
SVOW
OIS STOI� PRANTE, Chair
ATTEST:
.TOM C L m*s ass 7on caner
"Op
TOM
_Issloner
OP C
Recording Secretary m j_s_i
DA.MA DLI mmissioner
6 - ORDINANCE NO- 87-013
0M
E
E
0 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF D_ESCI:;_'TES CoUtirl"y, OREGON
An Amending Ordi-
nande No. PL -15', the
Deschutes County Zoning
Ordinance of 19791 Revising
Provisions. Concerning Noncon® *
forming Lots and Parcels, and *
Dec. I a r i ng An EmergenCy
ORDINANCE NO. 87-015
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. Section 1.030, Definitions, Ordinance No. PL -15,
Deschutes County Zoning Ordinance of--1979,-=as amended, -.is further
amended by the addition of the following:
"(67)(J) Lot of Record.
(i) A lot or parcel at least 5,000 square feet in area
and at least 50 feet wide, which conformed to all -zoning
and subdivision or partition requirements, if any, in
effect on the date the lot or parcel was created, and
which was created by any of the following means:
(a) By partitioning land as defined in ORS
92.010 (8);
(b) By a -subdivision plat, as defined in ORS
92-010 (9), filed with the Deschutes County
Surveyor and recorded with the Deschutes
County Clerk;
(c) By deed or contract, dated and signed by
the parties to the transaction, containing a
separate legal description of the lot or
parcel, and recorded in Deschutes County if
recording of.the instrument was required on
the date of the conveyance. If such instru-
ment.contains more than one legal description,
only one lot of record shall be recognized
unless the legal descriptions describe lots in
accordance with a recorded subdivision or town
plat-,
(d) By a town plat filed with the Deschutes
County Clerk and recorded in the Deschutes
County Record of Plats; or
1 - ORDINANCE NO. 87-015
(e) By the subdividing or partitioning of. ad-
jacent ot'stirrouhding land, le'a'ving*a re-'
mainder lot or parcel.
(ii) The following shall not be deemed to be a lot of
record:
(a) A lot or parcel created solely by a tax
lot segregation because of an assessor's roll
change or.for the convenience -of-, the- assessor.
(b) A lot or parcel, created by an intervening
section or township line or right of way.
(c) A lot or parcel created by an unrecorded
subdivision, unless the lot or parcel was
conveyed in accordance with paragraph (i)(c)
of this section.—
(d) A parcel created by the foreclosure of a
security interest.
Lots
ts oz
r parcel Ro\t created by'\a reco5rd6u
a(\sb"
0
0
divoP
,asipn town and \held,-I`n'- contiguous' ownibrz/hi pl
C
�at
deemed be one I\ -o -f--- or -'parcel ®-"
"(76)(A) Nonconforming Lot or Parcel. A lot or parcel
which is smaller in area than the minimum lot or parcel
sizein the zone.
"(91)(B) Pre-existing Nonconforming Lot or Parcel. A
nonconforming lot or parcel which is a lotofrecord."
Section 2. Section 6.020, Nonconforming Lot Size, ordinance
No. PL -15, Deschutes County Zoning Ordinance of 1979, as amended,
is further amended to read as follows:
(1) Any parcel of land or portion thereof which is to
be dedicated to a public or other entity for a road,
canal, railroad, utility or other public use shall be
exempt from the minimum lot size requirements set forth
by this ordinance.
(2) Whereas land sections in the County are affected by
survey adjustments, minimum requirements relative to lot
size, where applicable, shall be considered a standard
metes and bounds land section division, i. e., 160
acres, 80 acres, 40 acres, 20 acres, etc.; lot sizes,
therefore, may be reasonably smaller than set forth by
this ordinance if a total section acreage reduction is
2 - ORDINA.t:CE 87-015
52-
9
due to a survey adjustment or other man-made irriers
over which the. applicant has had no control.
(3) Any lot or parcel which is smaller than the
minimum
area required in any zone may be occupied by an allowed
use in that zone provided that:
(A) The lot or parcel is a lot of record, as
defined 'in Section 1. 030 (67) (J) of th i
ordinance.
(B) The use conforms to all other requLre-
ments of that zone.
(C) If there is an area deficiency, residen-
tial use shall be limited to a single dwelling
unit.
(D) All necessary permits are obta-ined."
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 day of 1987.
BOARD OF COUNTY COMMISSIONERS
OF D S HUTES,90UNTY, 0 GON
OIS B T W PRANTE, Chair
ATTEST:
TOM PHR P, ss—ioner
Recording Secretary DI MAUDLIN, Commissioner
3 - ORDINANCE NO. 87-015
a
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BEFORE THE BOARD OF COUNTY COMMISSIONERS
An Ordinance Amending Ordi-
nance No. PL -15, Deschutes
County Zoning Ordinance of
1979, as Amended, To Exempt
Certain Stretches of the
Deschutes River From Fill and
Removal Conditional Use Re-
quirements, and Declaring an
Emergency.
101
OF DES CHUqeS--eeUNTY,---'0R�oN
WHEREAS, on June 30, 1986, the Deschutes County Board of
County Commissioners adopted Ordinance No. 86-056, which estab-
lished conditional use standards for fill and removal activities
in wetlands and all streams and rivers in Deschutes County,
including the Deschutes River; and
WHEREAS, the 1987 Oregon Legislative Assembly adopted, and
the Governor of Oregon approved, House Bill 2919, 1987 Oregon
Laws Chapter 291, which designates as scenic waterways the
following stretches of the Deschutes River:
(1) the segment from the gauging station immediately
below Wickiup Dam downstream approximately 28 miles to
General Patch Bridge (at river mile 199);
(2) the segment beginning at Harper Bridge (at river
mile 192) downstream approximately 20 miles to river
mile 172 above Bend, Oregon; and
(3) the segment beginning at Twin Bridges (at river
mile 154.5) downstream approximately 34.5 miles to Lake
Billy Chinook, excluding the Cline Falls Dam and
powerhouse between river mile 145 and 144; and
WHEREAS, ORS 390.835 (2) provides that fill and removal
activity in the bed or banks of any designated scenic waterway is
regulated by the Division of State Lands and the State Land
Board, and such activity is prohibited unless it is consistent
with the policies of the Scenic Waterways Act; and
WHEREAS, the Board of County Commissioners finds that it is
in the best interests of the citizens of Deschutes County that
fill and removal activity in the bed and banks of the stretches
of the Deschutes River designated as scenic waterways not be
regulated by both the State and the County, and that State
regulation under the Scenic Waterways Act will adequately protect
the resources of the designated stretches of the Deschutes River;
now, therefore,
1 - ORDINANCE NO. 87-032
4s
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TAE BO,'VND OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON ORDAINS as follows:
Section 1. Paragraph (23) of Section 8.050, Ordinance No.
P1-15, Deschutes County Zoning Ordinance of 1979, as amended,
Specific Use Standards, Fill and Removal, is further amended to
add the following:
O(B) This Section shall not apply to fill and removal
activity in the bed or banks of the following stretches
of the Deschutes River which are within Deschutes
County:
(1) The segment from the gauging station
immediately below Wickiup Dam downstream
approximately 28 miles to General Patch
Bridge (at river mile 199);
(2) The segment beginning at Harper Bridge
(at river mile 192) downstream approximately
20 miles to river mile 172 above Bend,
Oregon; and
(3) The segment beginning at Twin Bridges (at
river mile 154-5) downstream approximately
34.5 miles to Lake Billy Chinook, excluding
the Cline Falls Dam and power house between
river mile 145 and 144.0
Section 2. 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 1987.
BOARD OF COUNTY COMIJ� SIONERS
OF XRSCHUTts- COUNTprrznm
LOIS,$ IqTOW PRXNTE, Chair
2 - ORDINANCE NO. 87-032
G, "
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DES CHUTESS--COUNTY, OREG.-ON
An Ordinance Repealing Ordi- *
nance No. 85-016, Relating to *
Land Zoned Surface Mining (SM)*
and Surface Mining Reserve
(SMR), and Declaring an
Emergency.
WHEREAS, Ordinance No® 85-016 was adopted by Deschutes
County on July 3, 1985, for the purpose of placing additional
restrictions on lands adjoining land zoned Surface Mining (SM)
and Surface Mining Reserve (SMR) in order to facilitate the Land
Conservation and Development Commission's (LCDC's) reacknowledge-
ment under Statewide Land Use Planning Goal 5 of Deschutes
County's Comprehensive Plan relating to surface mining; and
WHEREAS, on January 16, 1986, the Department of Land Conser-
vation and Development (DLCD) issued its Staff Report on
Deschutes County's Comprehensive Plan acknowledgment, which
directed Deschutes County to take certain actions in order to
comply with Goal 5 as to its lands zoned SM and SMR and adjoining
lands; and
WHEREAS, the procedures set forth in Ordinance No. 85-016
are not consistent with DLCD's Staff Report and are no longer
being followed by Deschutes County; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Ordinance No. 85-016 is hereby repealed.
Section 2. 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 1Y
day of 1988.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY OREGON.
LOIS,]ZSTOW PRANTE, Commissioner
qjb 9 // 11
TOM�ROOP)up
/7- Commissioner
DICK MAUDLIN, Chairman
� ,A
U U SEL
N
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUT
An ordinance Amending Chapter
2.28 of the Deschutes County
Code, Relating to Historical
Preservation and Historical
Landmarks Commission.
ORDINANCE O. 88-008
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 2.28.001, Deschutes County Code,
Purpose. Districts, buildings, and sites in Deschutes County and
its cities which have special historic and prehistoric associa-
tion or significance should be preserved as part of the heritage
of the citizens of the county and for the education, enjoyment,
and pride of the citizens, as well as for the beautification of
the county and enhancement of the value of such property. To
that end, regulatory controls and administrative procedures are
necessary.
Section 2. Section 2.28.005, Deschutes County Code,
Definitions. As used in this Chapter:
A. "Alteration" means the addition to, or removal of, or
physical modification of any structure and/or portion
of a structure and/or building.
.B. "Architectural significance" means that the structure
and/or building or district:
1. portrays the environment of a group of people in
an era of history characterized by a distinctive
architectural style;
2. embodies those distinguishing characteristics of
an architectural type;
3. is the work of an architect or master builder
whose individual work has influenced the develop-
ment of the city; or
4. contains elements of architectural design, detail,
materials, or craftsmanship which represent a
significant innovation.
C. "Board" means the Deschutes County Board of County
Commissioners.
1 ORDINANCE NO. 88-008 (4/20/88)
I
D. "Demolish" means to raze, destroy, dismantle, deface
or, in any other manner, cause partial or total ruin of
a designated historical landmark or structure and/or
building or a designated landmark or structure' and/or
building in a historical district.
E. "Exterior" means any portion of the outside of a
designated historical structure and/or building, or
structure and/or building in a designated historical
district or any addition thereto.
F. "Historical interest' means that a building, structure
or site has:
1. historical significance;
2. may not be on the original location or may have
been moved; or
3. architectural significance may have been substan-
tially altered or destroyed
G. "Historical. significance" means that the structure
and/or building or district:
1. has character, interest, or value as part of the
development, heritage, or cultural characteristics
for the city, county, state, or nation;
2. is the site of a historic event with an effect
upon society;
3. is identified with a person or group of persons
who had some influence on society; and/or -
.4. exemplifies the cultural, political, economic,
social, or historic heritage of the community.
H. "Landmark" means an object or structure of special
historical interest which has been designated and set
aside for preservation.
I. "Landmarks Commission' means the Deschutes County
Historical Landmarks Commission.
J. "Minor alteration" means alteration which does not
affect the historical or architectural significance of
the structure or building.
K. 'Planning Division' means the Planning Division of the
Deschutes County Community Development Department.
2 - ORDINANCE NO. 88-008 (4/20/88)
Section 3. Section 2.28.020, Deschutes County Code, Histori-
cal Landmarks Commission - Creation, membership, term, vacancy
filling and expense reimbursement, is amended to read as follows:
OA. The Deschutes County Historical Landmarks
Commission (fflandmarks commission'), hereby is con-
tinued. The landmarks commission shall consist of nine
official members, each entitled to vote, as follows:
one member from the Deschutes County Historical Soci-
ety; one member from the Deschutes Pioneer Association;
one representative of the unincorporated areas of the
county,* three citizens at large; and one member each
representing the Cities of Bend, Redmond and Sisters.
All members of the commission shall serve without
compensation and shall be appointed by the board of
county commissioners. The mayors of each city shall
recommend their representatives to the board of county
commissioners. All members shall serve for a term of
four years. Any vacancy occurring in a position for
any reason other than expiration of the term shall be
filled by appointment of the board of county commis-
sioners for the remainder of the term.
OB. In addition to the nine official members,
there shall be an undetermined number of liaison
persons to act as ex officio members to be called in as
appropriate to act in an advisory capacity to the
landmarks commission. These ex officio members shall
not be entitled to vote. These persons shall be repre-
sentative of organizations including, but not limited
to, the United States Forest Service, United States
Bureau of Land Management, the Deschutes County Build-
ing Division and the American Institute of Architects."
Section 4. Section 2.28.020, Deschutes County Code,
officers, meetings and rule of procedure, is amended to read as
follows:
'A. The officers of the landmarks commission
shall consist of a chairperson, vice chairperson and
secretary, each elected by a majority vote.
B. The regular time, place and manner of notice
of meetings shall be fixed by rules of the landmarks
commission. However, the landmarks commission shall
meet at least on a quarterly basis.
C. The landmarks commission shall establish and
adopt its own rules of procedure. The landmarks
commission shall submit an annual report to the board
of county commissioners and the city mayors. •'
3 - ORDINANCE NO. 88-008 (4/20/88)
bs
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D. Any clerical and staff assistance necessary
shall be provided by the Deschutes County Planning
Division staff and/or pertinent city staff when appro-
priate -0
Section 5. Section 2.28.030, Deschutes County Code, Func-
ti ons and duties, is amended to read as follows:
OA. The landmarks commission shall serve as a
hearings body for matters concerning historical dis-
tricts, buildings and/or structures and sites within
Deschutes County and the Cities of Bend, Redmond and
Sisters.
B. The commission may adopt such procedural rules
and regulations as it finds necessary or appropriate to
carry out this chapter. Such rules and regulations
shall be approved by the board of county commissioners.
C. The commission may act upon requests by any
citizen, by owners of buildings or sites or on its own
motion concerning the designation of particular dis-
tricts, buildings and/or structures or sites.
D. The commission shall recommend removal from
any list of designated historical districts, buildings
and/or structures and sites, such property as it finds
WAno
longer worthy of such designation.
E. The commission shall have authority to inspect
or investigate any district, building and/or structure
or site in the county which it is requested to desig-
nate, or which it has reason to believe is, an archi-
tectural and/or historical landmark.
F. The commission shall review all information
which it has and shall hold hearings as prescribed in
this chapter.
G. The commission shall have authority to coor-
dinate historical preservation programs of the city,
county, state and federal governments, as they relate
to property within the county.
H. The commission may recommend to the board of
county commissioners, city councils or the State'
Legislature any changes of law which it finds appro-
priate.
I. The commission shall compile and maintain a
current list of all historical districts, buildiyfgs
and/or structures and sites which have been so desig-
ORDINANCE NO. 88-008 (4/20/88)
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LE
lag A. The evaluation.and designation of historical districts,
buildings and/or structures and sites shall be based on
the following criteria:
1. The factors listed on the Deschutes County Land-
marks Commission Rating Sheet, a copy of which is
marked Appendix NAR, attached hereto and by this
reference incorporated herein.
2. Economic, social, environmental, and energy (ESEE)
consequences of designation, as set forth in the
rules of the Department of Land Conservation and
Development, OAR 660-16, a copy of whicA is marked
5 - ORDINANCE NO. 88-008 (4/20/88)
nated pursuant to this chapter, with a brief descrip-
tion of the district, building and/or structure or
site, and the reasons for its inclusion on the list.
If lists of archaeological sites are developed, dis-
closure of such lists if subject to appropriate state
and federal laws.
J. The commission shall notify all property
owners of sites recommended for designation of such
recommendation.
14
K. The commission shall have authority to take
such steps as it finds appropriate or necessary to make
available to the public information concerning its
activities and various districts, buildings and/or
structures and sites to be designated pursuant to this
chapter.
L. The commission shall prepare, review and adopt
guidelines, criteria, or such other statements of
policy as may be appropriate relating to the designa-
tion, development or preservation of historical dis-
tricts, buildings and/or structures and sites. Such
guidelines, criteria or policy statements shall not
take effect until reviewed and approved by the board of
county commissioners.
M. The commission shall assist and coordinate the
work of historic district advisory councils with
respect to historical districts.
N. The landmarks commission shall perform such
other duties relating to historical matters as the
board of county commissioners may request.0
Section 6. Section 2.28.031, Deschutes County Code, His-
torical designation criteria.
lag A. The evaluation.and designation of historical districts,
buildings and/or structures and sites shall be based on
the following criteria:
1. The factors listed on the Deschutes County Land-
marks Commission Rating Sheet, a copy of which is
marked Appendix NAR, attached hereto and by this
reference incorporated herein.
2. Economic, social, environmental, and energy (ESEE)
consequences of designation, as set forth in the
rules of the Department of Land Conservation and
Development, OAR 660-16, a copy of whicA is marked
5 - ORDINANCE NO. 88-008 (4/20/88)
Appendix "B", attached hereto and by this refer-
ence incorporated herein. 0
Section 7. Section 2.28.035, Deschutes County Code, Request
for historical designation.
A. Any person may request that a district building and/or
structure or site be designated on the Deschutes County
Inventory of Historic Places. A designation request
may also be made to the landmarks commission, the board
or city councils of Bend, Redmond or Sisters.
B. A request for historical designation shall be in
writing and, in all cases, transmitted to the landmarks
commission.
C. If the request for historical designation is made by a
person other than the owner of the building, site or
buildings/sites in a district, a copy of the request
shall be sent to the owner.
Section 8. Section 2.28.040, Deschutes County Code, His-
torical building or site - Designation procedure, is amended to
read as.follows:
NA. Upon receipt of a request from the landmarks
commission to designate a particular building or site
as an historical building or site within Deschutes
County or pertinent city, or upon direction by the
board of county commissioners or the pertinent city
council, or on its own motion, the Planning Division
shall fix a date and time for a public hearing before
the board of county commissioners on a particular
building or site recommended for designation.
B. Any request for historical designation must be
filed with the County Planning Division and/or perti-
nent city planning department before the date of
application for any building permit, or any other
application or permit which might be affected by such
historical designation.
C. The Planning Division shall notify, in writ-
ing, the owner of the property, the Deschutes County
Planning Commission and/or pertinent city planning
commission, and shall transmit a copy of the request to
the landmarks commission unless such a request for
historical designation has come from the landmarks
commission.
D. The landmarks commission shall submit it's
recommendation to the board and/or pertinent city
6 - ORDINANCE NO. 88-008 (4/20/88)
f
council at least ten (10) days prior to the public
hearing.
E. At such public hearing, the owner of the
property involved, a representative of the landmarks
commission and all other interested parties shall be
entitled to be heard.
J. At the time of annexation to a city, all
designated historical sites within the annexation area
shall automatically revert to within city jurisdiction
unless a public hearing is held to remove the site from
the historical designation.0
Section 9. Section 2.28.045, Deschutes County Code, His-
torical interest - Designation procedure.
A. If the board finds that a particular building, struc-
• ture or site does not meet the criteria as outlined in
Section 2.28.031 of this chapter for historical desig-
nation, the board may designate said building, struc-
ture or site as a building or site of historical
interest.
B. Buildings, structures or sites designated as being of
historical interest shall be subject to the require-
ments of this chapter only in the event of demolition
or alteration. In such cases, the owner of the build-
ing, structure or site must notify the Plannifig Divi-
sion not less than ten (10) days prior to said demoli-
7 ORDINANCE NO. 88-008 (4/20/88)
F. If.the board determines that a building or
site proposed for designation as an historical building
has architectural significance and/or is of historical
significance based upon the criteria in Section
2.28.031 of this chapter, the board may designate such
building or site as an historical building or site.
G. If the board finds that a particular site has
historical significance, the board may designate the
same as an historical site.
H. If any historical building has been demolished
or destroyed, the board and/or the pertinent city, on
its own notion or upon recommendation of the landmarks
commission, may remove the historical building desig-
nation therefrom.
1. The pertinent city council may make a recom-
mendation to the board regarding any request to desig-
nate a particular building or site within the urban
growth boundary as an historical building or site.
J. At the time of annexation to a city, all
designated historical sites within the annexation area
shall automatically revert to within city jurisdiction
unless a public hearing is held to remove the site from
the historical designation.0
Section 9. Section 2.28.045, Deschutes County Code, His-
torical interest - Designation procedure.
A. If the board finds that a particular building, struc-
• ture or site does not meet the criteria as outlined in
Section 2.28.031 of this chapter for historical desig-
nation, the board may designate said building, struc-
ture or site as a building or site of historical
interest.
B. Buildings, structures or sites designated as being of
historical interest shall be subject to the require-
ments of this chapter only in the event of demolition
or alteration. In such cases, the owner of the build-
ing, structure or site must notify the Plannifig Divi-
sion not less than ten (10) days prior to said demoli-
7 ORDINANCE NO. 88-008 (4/20/88)
tion or major alteration so that the County may photo-
graph the site or building.
C. The board and/or landmarks commission may also make
recommendations to the owner regarding alternatives to
demolition or major alteration which would be detri-
mental to the building, structure or site designation
of historical interest. Such recommendations are not
binding upon the owner.
Section 10. Section 2.28.050, Deschutes County Code,
Historical district - Designation procedure, is amended to read
as follows:
OA. Upon receipt of a
commission to designate any
district, or upon direction
city, the Planning Division
for a public hearing before
council thereon.
request by the landmarks
area as an historical
by the board or pertinent
shall fix a date and time
the board or pertinent city
B. The Planning Division shall notify, in writ-
ing, owners within the proposed historical district and
the appropriate planning commission of such hearing,
and shall transmit a copy of the request to the land-
marks commission unless such request is made by the
landmarks commission. 0
C. The landmarks commission shall submit its
recommendation to the board or pertinent city council
at least ten (10) days prior to the public hearing.
D. At the public hearing, the owners of any
property involved, a representative of the landmarks
commission and all otherinterested parties shall be
entitled to be heard.
E. If the board or pertinent city council deter-
mines that an area proposed to be designated as an
historical district has historic and/or architectural
significance, the board may designate such area as an
historical district.
F. If an area outside the incorporated cities but
inside the adopted urban growth boundary is proposed to
be designated as an historical district, the pertinent
city council may recommend to the board that such area
be designated as an historical district.
G. An area may be designated an historical dis-
trict even if all sites or buildings within a district
are not of historical or architectural significance,
8 - ORDINANCE NO. 88-008 (4/20/88)
Ll
provided that the district as a whole is of such
significance.
H. If the primary or significant buildings within
an historical district have been demolished or destroy-
ed, the board or pertinent city council, on its own
motion, may remove the historical district designation.
I. If the designation is proposed to be removed
from any historical district for any reason other than
that set forth in the preceding paragraph, then similar
notices, recommendations and hearings shall be held as
upon the designation of the historical district in the
AJ.
first instance.
Any request for historical district designa-
tion must be filed with the landmarks commission before
IN
the date of application for any building permit,
conditional use permit, or other application or permit
which might be affected by such historical designation.
K. If a designated historical district is within
an area to be annexed to a city, at the time of its
annexation to the city that historical district shall
automatically revert to within city jurisdiction."
Section 11. Section 2.28.060, Deschutes County Code, Desig-
nation not a recommendation for federal action, is amended to
read as follows:
"Nothing in this chapter and no designation adopted
under this chapter shall be interpreted as a recommen-
dation by the board and/or pertinent city council
supporting designation of any building or structure as
a "Certified Historic Structure" for purposes of
Section 191(d)(1)(b) or (c) of the Federal Tax Reform
Act of 1976. No such recommendation or certification
shall be made by any jurisdiction in the county without
notice to affected parties and an additional hearing
thereon.'
Section 12. Section 2.28.070, Deschutes County Code,
Exterior alteration and new building restrictions, is amended to
read as follows:
Moo"
01
OA. Except as provided in paragraph H of this
section, no person may alter any structure and/or
building in an historical district or designated
historical building, or any landmark, in such a manner
as to affect its exterior appearance, nor may any new
structure and/or building be constructed in an hAtor-
ical district, unless a certificate of approval has
9 - ORDINANCE NO. 88-008 (4/20/88)
been issued by the landmarks commission and the county
or appropriate city planning director.
B. Application for a certificate of approval for
exterior alteration or new construction under this
section shall be made to the Planning Division and
shall be referred to the landmarks commission for
review and/or hearing.
C. AY1 applications for alteration or new con-
struction shall be accompanied by appropriate plans
and/or specifications.
D. Any request for a certificate of approval for
exterior alteration or new construction must be filed
prior to or in conjunction with an application for any
building or land use permit.
E. Applications for certificates of approval for
exterior alterations to structures and/or buildings in
an historical district or to a designated historical
structure and/or building shall be evaluated by the
landmarks commission under the following criteria:
Applicable provisions of the
Deschutes County Comprehensive Plan
and/or pertinent city comprehensive
plan.
2. Where applicable, an evaluation of
the economic, social, environmental
and energy consequences of the
alteration, as set forth in OAR
660-16-000.
3. The reasonableness of the proposed
alteration and its relationship to
the public interest in the struc-
ture's and/or building's preserva-
tion or renovation.
4. The design review guidelines
attached hereto as Appendix
and incorporated herein.
5. The physical condition of the
structure and/or building.
IN 6. The general compatibility of
proposed exterior design, arrange-
ment, proportion, detail, scale,
10 color, texture, and materials
M-1 10 - ORDINANCE NO. 88-008 (4/20/88)
11
proposed to be used on the existing
structure and/or building.
7. Whether the alteration is required
to remedy an unsafe or dangerous
condition.
a. Other pertinent aesthetic factors
as appropriate.
F. Applications for certificates of approval for
new construction of structures and/or buildings in an
historical district shall be evaluated by the landmarks
commission under the following criteria:
1. The purpose of this chapter.
2., The provisions of the Deschutes
County Comprehensive Plan and/or
pertinent city comprehensive plan.
3. The economic effect of the new
structure and/or building on the
historical value of the district.
4. The effect of the proposed new
structure and/or building on the
historical character of the dis-
trict.
5. The general compatibility of the
proposed exterior design, arrange-
ment, proportion, detail, scale,
color, texture and materials
proposed to be used in the con-
struction of the new structure
and/or building.
6. The design review guidelines
attached hereto in Appendix "Dff
and incorporated herein.
7. Where applicable, an evaluation of
the economic, social, environ-
mental, and energy consequences of
the new construction, as set forth
in OAR 660-16-000.
G. All decisions on certificates of approval
shall be in writing. 00
11 - ORDINANCE NO. 88-008 (4/20/88)
H. Nothing in this chapter shall be construed to
prevent the ordinary maintenance or repair (e.g.
painting) of exterior architectural features of a
building or structure which does not involve a change
in design or type of materials unless the county or
pertinent city building official can certify that the
repair is required for the public safety because the
building or structure is in an unsafe or dangerous
condition.
1. All decisions concerning certificates.of
approval under this section are subject to appeal to
the board and/or pertinent city council as provided i
Section 2.28.120.ff 1
Section 13. Section 2.28-080, Deschutes County Code,
Demolition permits and condemnation proceedings, is amended to
read as follows:
ffA. No demolition of any designated historical
structure and/or building, or structure and/or building
within an historical district, or landmark shall be
allowed except with the approval of the landmarks
commission. A demolition or removal permit application
shall be transmitted, before action is taken, to the
landmarks commission.
B. Upon receipt of an application for a permit
for demolition or removal, the landmarks commission
shall notify the applicant in writing, and the owner of
the property, if the owner is not the applicant.
C. The landmarks commission shall hold a public
hearing within thirty (30j days of receipt of the
application. The applicant, the owner of the property
and any interested parties shall be entitled to be
heard.
D. In determining whether to approve the demoli-
tion or removal proposed in the application, the
landmarks commission shall consider the following:
1. All plans, drawings and photographs
as may be submitted by applicant.
2. Information presented at the publi
hearing. I
3. The Deschutes County Comprehensive
Plan and/or pertinent city compre-
hensive plan.
12 - ORDINANCE NO. 88-008 (4/20/88)
4. The purpose of this chapter.
5. The criteria used in the original
designation of the historical
structure, building or district.
6. The historical and architectural
style, the general design, arrange-
ment, materials of the structure
and/or building, its appurtenant
fixtures, and the relationship of
such features to similar features
of other buildings within the
county or city, and the position of
the structure and/or building in
relation to public rights-of-way
and to other buildings and struc-
tures in the area.
7. The effects of the proposed demoli-
tion or removal upon the protec-
tion, enhancement, perpetuation and
use of the structure and/or build-
ing which cause it to possess a
special character, or special
historical or aesthetic interest or
value.
S. Whether the demolition or removal
is proposed to abate a nuisance or
a hazardous condition.
9. Whether delay of the demolition or
removal will cause substantial
hardship to the applicant.
10. Economic, social, environmental,
and energy consequences of the
demolition or removal, as set forth
in OAR 600-16-000.
E. If the landmarks commission approves the
demolition or removal and if no appeal is filed, the
appropriate county or city building official shall
issue a demolition or removal permit in accordance with
all applicable codes and ordinances of Deschutes County
or the pertinent city.
F. The landmarks commission may postpone action
on an application for a demolition or removal permit if
the commission determines that there is a program or
project under way which would result in public or
13 ORDINANCE NO. 88-008 (4/20/88)
No
73
private acquisition or relocation of such structure
and/or building or site, and that there are reasonable
grounds to believe that such program or project may be
successful. In such case, the landmarks commission
may suspend consideration of the application for a
period not to exceed ninety (90) days. During such
period of suspension, no permit shall be issued for
such demolition or removal nor shall any person demol-
ish or remove the structure and/or building. If any
such program or project appears to the landmarks
commission to be unsuccessful and the applicant has not
withdrawn the application for a demolition or removal
permit, the building official shall issue a permit if
the permit application otherwise complies with the
codes and ordinances of Deschutes County and/or per-
tinent city.
G. Action by the landmarks commission suspending
issuance of a permit for demolition or removal may be
appealed by the applicant, the owner or the occupant, by
filing a notice of appeal as provided in Section 2.28.120.
H. Before any -action is taken by a public entity
to condemn a structure and/or building designated as a
historical building or site or any structure and/or
building within a designated historical district, the
landmarks commission shall review the report of the
County Building Safety Division and/or any other county
or city departments relating to the condition of the
building and premises and the extent of its danger,
deterioration or•decay. The landmarks commission shall
report on its review and make a recommendation concern-
ing action to the board and/or pertinent city council
before official action of condemnation is instituted.
I. The landmarks commission may identify speci-
fic structures and/or buildings within a designated
historical district which will be exempt from the
provisions of this section."
Section 14. Section 2.28.090, Deschutes County Code,
Demolished historical buildings - Records and artifact preserva-
tion, is amended to read as follows;
"A. If a designated historical building is to be
demolished, insofar as practicable and as funds are
available, the landmarks commission shall keep a pic-
torial and graphic history of the historical building
or historical site, with any additional data it may
obtain.
14 - ORDINANCE NO. 88-008 (4/20/88)
RM
B. To the extent funds are available or the
landmarks commission may obtain donations thereof, the
landmarks commission shall acquire artifacts from the
building or site which it deems worthy of preserva-
tion."
Section 15. Section 2.28-100, Deschutes County Code,
Identification signs, is amended to read as follows:
"The owner of a designated historical building or
site, or the occupant thereof with the consent of the
owner, may install an identification plaque or sign
indicating the name, date, architect and other appro-
priate information upon the property, provided that the
size, material, design, location and text of such
plaque or sign is approved by the Deschutes county
Historical Society."
Section 16. Section 2.28.110, Deschutes County Code, Rede-
velopment and neighborhood improvement projects - Review by
commission, is amended to read as follows:
OA. In any redevelopment or neighborhood improve-
ment project administered by a department of the city
or county, or submitted to the pertinent city or the
board for its review and recommendations, proposed
action relating to a designated historical district,
building or site shall be submitted to the landmarks
commission for its review and recommendation.
B. A report thereon by the landmarks commission
shall be filed with the pertinent city council or the
board, and a copy shall be sent to the appropriate city
or county department."
Section 17. Section 2.28.120,. Deschutes County Code,
Appeals from commission decisions,.is amended to read as follows:
"Appeals from actions of the landmarks commission
shall be to the board and/or pertinent city council and
may be filed by the applicant, the owner or occupant of
the building, structure, site or district concerned, or
by any other person who participated in the hearing.
Appeals must be filed within fifteen (15) days from the
date of final decision by the landmarks commission,
shall be filed on a form provided by the appropriate
county or city planning department, and shall be
accompanied by the fee set for appeals by the board or
city. The appeal shall be conducted according to the
terms of the applicable county or city procedures
ordinance. A decision of the board may be appe*aled to
the Land Use Board of Appeals as provided by law."
15 - ORDINANCE NO. 88-008 (4/20/88)
Ll�n
DATED this day of 1988.
BOARD OF COUNTY COMMISSIONERS
OF DF6CHUTEV CQ-UNTY /&EGON
m-ri zmap 032���q
0 lr'jgwj����
16 - ORDINANCE NO. 88-008 (4/20/88)
*0
E
11
REVIEWED
I Im-
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTLESL8
An Ordinance Amending Ordi-
nance No. PL -15, the
Deschutes County Zoning Ordi-
nance of 1979, Revising Pro-
visions Concerning Legal Lots
and Parcels, and Declaring an
Emergency.
ORDINANCE NO. 88-009
THE BOARD OF COUNTY COMMISSIONERS OF DES. CES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 1.030(67)(J), Definitions, "Lot of
Record', Ordinance No. PL -15, Deschutes County Zoning Ordinance
of 1979, as amended, if further amended to read as follows:
0(67)(J) Lot of Record.
(i) A lot or parcel at least 5,000 square feet in area
and at least 50 feet wide, which conformed to all
zoning and subdivision or partition requirements, if
any, in effect on the date the lot or parcel was
created, and which was created by any of the following
means:
(a) By partitioning land as defined in ORS
92.010(8);
(b) By a subdivision plat, as defined in ORS
92.010(9), filed with the Deschutes County
Surveyor and recorded with the Deschutes
County Clerk;
(c) By deed or contract, dated and signed by
the parties to the transaction, containing a
separate legal description of the lot or
parcel, and recorded in Deschutes County if
recording of the instrument was required on
the date of the conveyance. If such instru-
ment contains more than one legal descrip-
tion, only one lot of record shall be recog-
nized unless the legal descriptions describe
lots in accordance with a recorded subdivi-
sion or town plat;
(d) By a town plat filed with the Deschutes
County Clerk and recorded in the Deschutes •
County Record of Plats; or
ORDINANCE NO. 88-009
gill
0
(e) By the subdividing or partitioning of
adjacent or surrounding land, leaving a
remainder lot or parcel.
(ii)- The following shall not be deemed to be a lot of
record:
(a) A lot or parcel created solely by a tax
lot segregation because of an assessor's roll
change or for the convenience of the asses-
sor;
(b) A lot or parcel created by an interven-
ing section or township line or right of way;
(c) A lot or parcel created by an unrecorded
subdivision, unless the lot or parcel was
conveyed in accordance with paragraph (i) (c)
of this section; or
(d) A parcel created by the foreclosure of a
security interest. -
Section 2. 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
ATT
,7EST:
Recording Secretary
2 - ORDINANCE NO. 88-009
BOARD OF COUNTY COMMISSIONERS
11
,
OFODSCHUTES •COUNTY 20
STOW PRANTE, Commissioner
0 issioner
Eh—airman
•
•
k-111,
I ,-,-. COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SCOUNTY.—OREG t
An ordinance Amending Ordi-
nance No. PL -15, Deschutes
County Zoning Ordinance of
1979, As. ended, To Revise
Side Setback Requirements For
Certain Parcels or Lots In
MUA-10 Zone, An& Declaring an
Emergency.
TAE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
*REGON, ORDAINS as follows:
'Section -1. Section 4.060 (5)(B) of Ordinance No. PL -15,
Deschutes County Zoning Ordinance of 1979, As amended, is further
amended to read as follows:
O(B) Each side yard shall be a minimum of 20 feet,
except on the street side shall be a minimum of 30
feet. For parcels or lots created before November 1,
1979, which are one half (1/2) acre or less in size,
the side yard setback may be reduced to a minimum of 10
feet. For parcels or lots adjacent to an intensive
agricultural use, the adjacent side yard shall be a
minimum of 100 feet."
Section 2. 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 0 day of 1988.
BOARD OF COUNTY COMMISSIONERS
OF DaCHU= COUNTM. OREGON
1 (/ LOIS
ATTE T: TOM
Recording Secretary
1 - ORDINANCE NO. 88-021
'TOW PRANTE, Commissioner
)OP, Commissioner
FDLIN, Chairman
r7 J
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An ordinance Amending ordi-
nance No. PL -15, the
Deschutes County Zoning Ordi-
nance of 1979, as Amended,
Creating a Limited Use Com-
bining Zone (LU), and Declar-
ing an Emergency:
REVIEWED
-P(,-
DES CLKGU1+T.
LECAL COUNSEL
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Article 4, Use Zones, Ordinance No. PL -15,
Deschutes County Zoning Ordinance of '1979, as amended, is further
amended to add the following:
"Section 4.250. *Limited Use Combinincr Zone, Lu.
In any limited use combining zone (LU), the require-
ments and standards of this section shall apply in
addition to those specified in this ordinance for the
underlying zone and any other applicable combining
zones. In the event of a conflict between the require-
ments and standards of this section and those of the
underlying zone or other applicable combining zones,
the provisions of this section shall govern.
111. Purpose.
A. The purpose of the LU zone is to limit
the list of permitted uses and general
activities allowed in the underlying
zone, when a plan amendment and zone
change rezones a parcel to that under-
lying zone through the taking of an
exception to a statewide land use
planning goal under ORS 197.732.
B. The LU zone is an overlay zone which may
be applied, where appropriate, to plan
amendments/zone changes effected by
either a "physically developed" excep-
tion under ORS 197.732 (1) (a), an "irre-
vocably committed" exception under ORS
197.732(1)(b), or a "reasons" exception
under ORS 197.732 (1) (c) .
C. The LU zone, when adopted, shall carry'
out the requirement of Oregon Admini-
strative Rule 660-04-018 that where a
1 - ORDINANCE NO. 88-022
LM
goal exception is taken, permitted uses
shall be limited to those uses justified
by the exception statement.
02. Combining Zone Requirements. when the LU zone is
applied, the uses permitted in the underlying zone
shall be limited to those uses and general activi-
ties specifically set forth in the ordinance
adopting the underlying zone and the LU zone. Any
change in those uses and general activities must
be made through the plan/land use regulation
amendment process.
03. Procedures. The LU zone shall be applied through
the plan amendment and rezoning process at the
time the underlying plan and/or zone designation
is being changed. c
N4. Use Limitations. The following limitations shall
apply to the underlying zone when the LU zone is
applied:
A. In all cases, the hearings body shall
establish that:
a. The uses and general activi-
ties subject to the rezoning
are required to be limited to
those uses and general activ-
ities justified in the goal
exception taken.
b. A review of all zones in
Ordinance No. PL -15
demonstrates that no existing
zone adequately limits the
uses and general activities.
C. The LU zone, when applied to
the underlying zone, is
consistent with the Comprehen-
sive Plan and other applicable
policies of the County.
"S. Adoption. The ordinance adopting the underlying
zone and the LU zone shall set forth those speci-
fic uses and general activities which will be
permitted or conditional uses. The description of
the permitted and conditional uses may be quali-
fied as necessary to achieve the purpose of#the LU
zone.
2 - ORDINANCE NO. 88-022
11
11
11
06. official Plan/Zoning Map. The official plan/zon-
ing map shall be amended to show an LU suffix on
any parcel where the LU zone has been applied,.
SME�
A. In addition to limiting the uses in the
underlying zone where the LU zone is
applied, the County may also require
approval of the location of buildings,
access, parking, screening and other
site planning considerations in order ta
assure the compatibility of the permit-
ted uses within the area.
B. The process for reviewing the site plan
shall be described at the time of the LU
zone application. Site plan require-
ments may be added by specific reference
in the LU adopting ordinance. specifi-
cations and standards of the underlying
zone remain in effect unless specifical-
ly altered by the site plan approval.
Separate site plan approval shall not
be required for any uses subject to a
conditional use permit."
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 day of 1988.
ATTEST:
Recording Secretary
kings �*�,rre)pwz
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
LOIS,,BRISTOW PRANTE, Commissioner
0w*)aWgqa!jj' CQ=issioner
Owl/
DICK MAUDLIN, Chairman
r°
u6t
LLE -GAL COUNSEM
i
DESCHUTES COUNTY,—OREGON
An ordinance Amending Ordi-
nance No. 86-056, Relating To
Fill and Removal as a Condi-
tional Use In Certain Zones,
Amending NSunset"' Clause, to
Cause the Ordinance to
OSunsetO as of December 31,
1988, And Declaring An
Emergency.
L03Z :: 0 -
WHEREAS, on June 30, 1986, Ordinance No. 86-056, which
amended ordinance No. PL -15, the Deschutes County Zoning Or-
dinance of 1979, to allow fill and removal as a conditional use
in certain zones, took effect; and
WHEREAS, Section 6 of Ordinance No. 86-056 contained a
'sunset"' provision stating that not later than two years follow-
ing passage of such ordinance, the Board of County Commissioners
shall review the ordinance and hold a public hearing to determine -
whether a public need exists to continue the ordinance; and
WHEREAS, on June 22 and 29, 1988, the Board of County
Commissioners held a public hearing on Ordinance No. 88-018,
which would continue and amend the fill -and -removal provisions
adopted in Ordinance No. 86-056; and
WHEREAS, at the public hearing held on June 29, 1988, the
Board of County Commissioners determined that additional time was
required to review the fill -and -removal provisions and the
proposed amendments to the ordinance, and continued consideration
of the ordinance to the second regularly -scheduled meeting of the
Board in August, 1988; and
WHEREAS, if Section 6 of Ordinance No. 86-056 is not
amended, the fill -and -removal provisions will 'sunset' before
the Board of County Commissioners has an adequate opportunity to
review them and to make a determination of public need; and
WHEREAS, the Board of County Commissioners finds that, for
the foregoing reasons, it is in the best interests of the citiz-
ens of Deschutes County that the "sunset" provisions of ordinance
No. 86-056 be amended to provide that the Board of County Commis-
sioners shall review the ordinance not later than December 31,
1988; now, therefore,
ORDINANCE NO. 88-026
1A g,5
W n ,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 6 of Ordinance No. 86-056 is hereby
amended to read as follows:
"Not later than one year after passage of this ordi-
nance, the Deschutes County Planning Director shall
report to the Deschutes County Board of County Commis-
sioners regarding the implementation and effect of
this ordinance. Not later than December 31, 1988, the
Board of County Commissioners shall review this ordi-
nance, hold a public hearing and determine whether a
public need exists to continue the ordinance.'
E
Section 2., 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 qv� 1988
Recording Secretary
2 - ORDINANCE NO. 88-026
'LOTS RIS OW
PRANTE, Commissioner
TOM OOP
mmissioner
or
DfdK- MAUDLIk,/Chairman
00
11
Kt V i -E WED
_ZL
Z1EEGAL �CNSEL
lu -
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHU'
An ordinance Amending ordi-
nance No. PL -15, Deschutes
County Zoning Ordinance of
1979, as Amended, Revising
Provisions concerning Flood
Plain Zone, and Declaring an
Emergency.
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Paragraphs (40), "Flood Hazard Area", (41),
"Flood Hazard Boundary Map", (42), "'Flood Plain Profile", of
Section 1.030, "Definitions", of ordinance No. PL -15, Deschutes
County Zoning Ordinance of 1979, as amended, are hereby repealed.
Section 2. Paragraphs (125A), "Substantially Shaded", and
(125B), 'Sunchart", of Section 1.030, "Definitions", of Ordinance
No. PL -15, Deschutes County Zoning Ordinance of 1979, as amended,
are renumbered Paragraphs (1258) and (125C), respectively.
Section 3. Section 1.030, "Definitions", of Ordinance No.
PL -15, Deschutes County Zoning ordinance of 1979, as amended, is
further amended to include the following new and amended defini-
tions.
0(10A) Area of Shallow Flooding. Such areas are
designated 'AO' or 'AH' Zone on the Flood Insurance
Rate Map (FIRM). In such areas, the base flood depths
range from one to three feet, a clearly defined channel
does not exist, the path of flooding is unpredictable
and indeterminate, and velocity flow may be evident.
For purposes of this definition, 'AO' is characterized
as sheet flow and 'AH' indicates ponding.
0(108) Area of Special Flood Hazard. The land in the
flood plain within a community subject to a one percent
or greater chance of flooding in any given year. Such
areas are designated by the letter 'A' or IV' on the
Flood Insurance Rate Map (FIRM).
0(38) Flood or Flooding. A general and temporary condition
of partial or complete inundation of normally dry land areas
from:
A. The overflow of inland or tidal waters.;
and/or
1 - ORDINANCE NO. 88-030
B. The unusual and rapid accumulation of runoff
of surface waters from any source.
0(33) Flood® Base. The flood having a one percent
chance of being equaled or exceeded in any given year.
Also referred to as the 1100 -year flood'. Such areas
are designated by the letter 'A' or IV' on the Flood
Insurance Rate Map (FIRM).
(40A) Flood Insurance Rate Mao. (FIRMS. The offi-
cial map on which the United States Federal Insurance
Administration has delineated both the areas of special
flood hazards and the risk premium zones applicable to
the community. The FIRM is adopted by reference in
Ordinance No. 88-031.
a(41A) Flood Insurance Study. The official report
ON provided by the Federal Insurance Administration that
includes flood profiles, the Flood Boundary-Floodway
Map, and the water surface elevation of the base flood
condition of partial or complete inundation of normally
Mo. dry land areas. The Study is adopted by reference in
Ordinance No. 88-031.
0(42A) Flood Plain Development. Any man-made change
to improved or unimproved real estate, including, but
not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or
drilling operations, located within the area of special
flood hazard.
ff(43) Floodway. The channel of a river or other water
course, and the adjacent land areas, that must be re-
served in order to discharge the base flood without
cumulatively increasing the water surface elevation
more than one foot.
11(67J) Lowest Floor. The lowest floor of the lowest
enclosed area of a structure, including the basement.
An unfinished or flood resistant enclosure, usable
solely for parking of vehicles, building access or
storage, in an area other than a basement area, is not
considered a building's lowest floor, provided that
such enclosure is not built so as to render the struc-
ture in violation of the applicable non -elevation
design requirements of Section 4.210(6) this Ordinance.
0(76) New Construction. Any structure for which the
start of construction commenced on or after the effec-
tive date of this Ordinance. For purposes of the Flood
Plain Zone (FP), 'new construction' means any structure
for which the start of construction commenced on or
2 - ORDINANCE NO. 88-030
after the date of adoption of the amendments to the
Flood Plain Zone in ordinance No. 88-030.
0(125A) Substantial Improvement. Any repair, recon-
struction or improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value
of the structure either:
A. before the improvement or repair is started;
or
B. if the structure has been damaged and is
being restored, before the damage occurred.
For the purposes of this definition, 'substantial
improvement' is considered to occur when the first
alteration of any wall, ceiling, floor or other struc-
tural part of the building commences, whether or not
that alteration affects the external dimensions of the
structure. The term does not, however, include either:
C. any project for improvement of a structure to
comply with existing state or local health,
sanitary or safety code specifications which
are solely necessary to assure safe living
conditions; or
02. The Flood Plain Zone shall include all areas
designated as 'Base Flood" areas by the Flood
Insurance Study for Deschutes County. When flood
base elevation data has not been provided in the
flood insurance study, the Planning Division will
obtain, review and reasonably utilize any base
3 - ORDINANCE NO. 88-030
D. any alteration of a structure listed on the
National Register of Historic Places or a
State Inventory of Historic Places.'
Section 4. Section 4.210, "'Flood Plain Zone (FP)N, of
Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979,
as amended, is further amended to read as follows:
Purposes. The purposes of the Flood Plain Zone
are: to -implement the Comprehensive Plan Flooding
Section; to protect the public from the hazards
associated with flood plains; to conserve impor-
tant riparian areas along rivers and streams for
• the maintenance of the fish and wildlife re-
sources; and to preserve significant scenic and
natural resources while balancing the public
interests with those of individual property owners
in the designated areas.
02. The Flood Plain Zone shall include all areas
designated as 'Base Flood" areas by the Flood
Insurance Study for Deschutes County. When flood
base elevation data has not been provided in the
flood insurance study, the Planning Division will
obtain, review and reasonably utilize any base
3 - ORDINANCE NO. 88-030
flood elevation or floodway data available from
federal, state or other sources, in determining
the location of a flood plain or floodway.
03. Uses Permitted Outright.
A. Agricultural use conducted without establish-
ing or utilizing a structure. For purposes
of this paragraph, a 'structure' does not
include a boundary fence as long as such
fence is designed to impede as little as pos-
sible the movement of floodwaters and flood -
carried material.
B. Management, propagation and harvesting of a
forest product.
C. Open space.
D. Portions of a residential use that do not
contain structures, such as lawn, garden or
play areas.
04. Conditional Uses Permitted.
A. A roadway, bridge or utility structure,
except a landfill, that will not impede the
waters of a base flood.
B. Incidental storage of material or equipment
that is either not subject to damage by
flood, or is mobile and readily removable
from the area within time available after
flood warning. If such material is not
readily removable, it shall be anchored to
prevent flotation and shall not obstruct
water flow. Material or equipment stored
shall include only items which will not
create a hazard to the health or safety of
persons, property, animals or plant life
should the storage area be inundated.
C. Single-family dwellings on an individual lot,
and manufactured housing on an individual
lot in compliance with Sections 5.100, 5.110,
5.120, 5.130, 5.140 and 5.150 of this Ordi-
nance.
D. Agricultural or residential related accessory
buildings. 4•
4 - ORDINANCE NO. 88-030
11
Ell
E. Hydroelectric facilities in accordance with
Sections 5.210 and 8.050(22) of this Ordi-
nance.
F. Excavation, grading and fill and removal in
accordance with sections 6.060 and 8.050(23)
of this Ordinance.
G. Recreational uses requiring only structures
having an insignificant effect on flood
waters, such as golf courses, tennis courts,
driving ranges, archery ranges, picnic
grounds, boat launchings ramps, swimming
areas, wildlife or nature preserves, game
farms, fish hatcheries, shooting preserves
and hunting or fishing areas.
H. Subdividing or partitioning land in accor-
dance with the provisions of this Ordinance
and Title 17 of the Deschutes County Code.
I. Expansion or substantial improvement of an
existing dwelling, agricultural related
structure or accessory building.
N5. Limitations on conditional Uses. The following
limitations shall apply to all uses allowed by
subsection 4 of this Section:
A. No dwelling units, including manufactured
housing, accessory buildings and farm use
structures, shall be allowed, or additions to
such structures allowed, in the floodway of
any river or stream.
B. No dwelling unit, including manufactured
housing, accessory structures and farm use
buildings, shall be located in the flood
plain unless it can be demonstrated by the
applicant that no alternative exists on the
subject lot which would allow the structure
to be placed outside of the flood plain.
C. Dwelling units, including manufactured
housing, accessory structures and farm use
buildings, shall be allowed only in areas of
shallow flooding.
D. No subdivision or partition shall be allowed
which creates the potential for additional
residential dwelling units in the flood
plain.
5 - ORDINANCE NO. 88-030
E. A land use which would alter or relocate a
water course shall not be allowed. 0
F. The cumulative effect of any proposed devel-
opment, when combined with all other existing
and anticipated development, shall not
increase the water surface elevation of the
b - ase flood more than one foot in any point.
G. Development which involves new construction
or fill or removal in the floodway shall not
be allowed unless certification by a regis-
tered professional engineer is provided,
demonstrating that the proposal shall not
result in any increase in flood levels during
occurrence of a base flood discharge, that
all necessary state and federal permits have
or can be obtained, and that all other
criteria and standards of this Ordinance have
been satisfied.
06. An application for a conditional use in an FP Zone
shall, at a minimum, contain the following inform-
ation:
A. A detailed explanation Of why it is necessary
to conduct the proposed use in the flood
plain zone.
B. A site plan, drawn to scale and accompanied
by such drawings, sketches and descriptions
as are necessary to describe and illustrate
the proposed use. This site plan shall
include, at a minimum, existing and proposed
site contours in relation to the base flood
elevation, existing and proposed structures,
drainage facilities, and an explanation of
how erosion will be dealt with during and
after construction of the use.
.C. The location of the property with regard to
the channel of the river or stream.
D. The location of existing and proposed diking
or abutments, if any.
E. The level of the lowest habitable floor and
of any basement floor, for any dwelling unit
or structure.
F. The level to which the structure is to be
floodproofed, if applicable.
6 - ORDINANCE NO. 88-030
il
I
G. Elevations on the site plan shall be estab-
lished by a licensed surveyor or engineer,
and shall be in relation to mean sea level.
H. Certification by a registered professional
engineer or architect that the floodproofing
methods for any structure meet the flood -
proofing criteria established by the Federal
Emergency Management Agency and set forth in
subsection 7 of this Section.
I. A description of the extent to which the
watercourse will be altered or relocated as a
result of the proposed development.
J. All other elements or information which will
assist in the evaluation of the proposed
development and conformance with the appli-
cable criteria.
K. Certification by a registered professional
engineer verifying the floodproofing of
structures shall be obtained showing the
actual elevation in relation to mean sea
level of the lowest floor, (including base-
ment), of all new or substantially improved
structures prior to occupancy or use of a
structure.
L. All records of any application for a condi-
tional use and all certification of eleva-
tions shall be maintained in the records of
the Planning Division for public inspection.
-v7. Criteria to Evaluate Conditional Uses.
A. A conditional use permit in a Flood Plain
Zone shall not be approved unless all stan-
dards established by the Federal Emergency
Management Agency and this ordinance are
addressed and findings made by the hearings
body that each of the standards and criteria
are satisfied.
B. A conditional use permit shall be based upon
findings which relate to the property and
existing and proposed structure. They shall
not pertain to the property owner, inhabi-
tants, economic or financial circumstances.
C. All structures in the flood plain shall meet
the following standards.
7 - ORDINANCE NO. 88-030
W3
a. Anchoring.
i. All new construction and substantial
improvements shall be anchored to
prevent flotation, collapse or lateral
movement of the structure.
ii. All manufactured homes must be
anchored to prevent flotation, collapse
or lateral movement, and shall be
installed using methods and practices
that minimize flood damage. Anchoring
methods may include, but are not limited
to, use of over -the -top or frame ties to
ground anchors (see FEMA's 'Manufactured
Home Installation in Flood Hazard Areas,
guidebook for additional techniques, on
file with the Planning Division).
b. Construction Materials and Methods.
i. All new construction and substantial
improvements shall be constructed with
materials and utility equipment resis-
tant to flood damage.
ii. All new construction and substan-
tial improvements shall be constructed
using methods and practices that mini-
mize flood damage.
iii. Electrical, heating, ventilation,
plumbing and air-conditioning equipment
and other service facilities shall be
designed and/or otherwise elevated or
located so as to prevent water from
entering or accumulating within the
components during conditions Of flood-
ing.
C. Utilities.
i. All new and replacement water supply
systems shall be designed to minimize or
eliminate infiltration of flood waters
into the system.
ii. New and replacement sanitary
systems shall be designed to minimize or
eliminate infiltration of floodwAters
into the system and discharge from the
system into flood waters.
8 - ORDINANCE NO. 88-030
iii. on-site waste disposal systems
shall be located to avoid impairment to
them or contamination from them during
flooding.
D. Subdivision and Partition Proposals.
a. All subdivision and partition proposals
shall be consistent with the need to
minimize flood damage.
b. All subdivision and partition proposals
shall have public utilities and facili-
ties such as sewer, gas, electrical and
water systems located and constructed to
minimize flood damage.
C. All subdivision and partition proposals
shall have adequate drainage provided to
reduce exposure to flood damage.
E. Review of Building Permits. Where elevation
data is not available either through the
Flood Insurance Study or from another author-
itative source, applications for building
permits shall be reviewed to assure that
proposed construction will be reasonably safe
from flooding® The test of reasonableness is
a local judgment and includes use of histori-
cal data, high-water marks, photographs of
past flooding, etc.,, where available.
(Failure to elevate at least two feet above
grade in these zones may result in higher
insurance rates.)
Y. Specific Standards. In the Flood Plain Zone,
the following requirements must be met:
a. Residential Construction.
i. New construction and substantial
improvement of any residential structure
shall have the lowest floor, including
basement, elevated to or above base
flood elevation®
ii. Fully enclosed areas below the
lower floor that are subject to flooding
are prohibited, unless they are designed
to automatically equalize hydroptatic
flood forces on exterior walls by
allowing for the entry and exit of
9 - ORDINANCE NO. 88-030
PW
floodwaters. Designs for meeting this
requirement must either be certified by
a registered professional engineer or
architect, or must meet or exceed the
following criteria:
1. A minimum of two openings having a
total net area of not less than one
square inch for every square foot
of enclosed area subject to flood-
ing shall be provided.
2. The bottom of all openings shall be
no higher than one foot above
grade.
3. Openings may be equipped with
screens, louvers or other coverings
or devices, provided that they
permit the automatic entry and exit
of floodwaters.
b. Non -Residential Construction. New
construction and substantial improve-
ments of any commercial, industrial or'
other non-residential structure shall
either have the lowest floor, including
basement, elevated to the level of the
base flood elevation, or, together with
attendant utility and sanitary facilit-
ies, shall:
i. Be floodproofed so that below the
base flood level the structure is
watertight with walls substantially
impermeable to the passage of water.
ii. Have structural components capable
of resisting hydrostatic and hydrodyna-
mic loads and effects of buoyancy.
iii. Be certified by a registered
professional engineer or architect that
the design and methods of construction
are in accordance with accepted stan-
dards of practice for meeting provisions
of this subsection, based on their
development and/or review of the struc-
tural design, specifications and plans.
Such certifications shall be provided to
the County as set forth in subsection
6(H) of this Ordinance.
10 - ORDINANCE NO. 88-030
iv. Non-residential structures that are
elevated, but not floodproofed, must
meet the same standards for space below
the lowest floor as described in subsec-
tion 7(F) of this Section.
v. Applicants for floodproofing non-
residential buildings shall be notified
that flood insurance premiums will be
based on rates that are one foot below
the floodproofed level (e.g. a building
constructed to the flood level will be
rated as one foot below that level).
C. Manufactured Homes. All manufactured
homes to be placed or substantially
improved shall be elevated on a perma-
nent foundation such that the lowest
floor of the manufactured home is at or
above the base flood elevation. Such
manufactured homes shall be securely
anchored to an adequately anchored
foundation system in accordance with the
provisions of subsection 7(C) of this
Section.
G. Floodwayl. In floodways where potential
extreme hazards exists due to the velocity of
flood waters which carry debris, potential
projectiles and erosion potential, the
following provisions shall apply:
a. Encroachments, including fill, new
construction, substantial improvements
and other development, are prohibited
unless certification by a registered
professional engineer or architect is
provided demonstrating that encroach-
ments shall not result in any increase
in flood levels during the occurrence of
the base flood discharge.
b. If subsection (G)(a) of this Section is
satisfied, all new construction and
substantial improvements shall comply
with all applicable sections of this
Ordinance.
08. Yard and Setback Requirements: In an FP Zone, the
following yard and setback requirements shall• be
maintained:
ORDINANCE NO. 88-030
51
A. The front setback shall be a minimum of 20
feet from a property line fronting on a local
street, 30 feet from a property line fronting
on a collector and 50 feet from an arterial.
B. There shall be a minimum side yard of 10 feet
for all uses.
C. The minimum rear yard shall be 20 feet.
D. The setback from a northern lot line shall
meet the solar setback requirements in
Section 5.300.
E. The minimum yard setback for a non-farm use
from the property line adjacent to a farm use
not owned by the applicant shall be 100 feet.
09. Stream Setback. To permit better light, air,
vision, stream and pollution control, to protect
fish and wildlife areas and to preserve the
natural scenic amenities along streams and lakes,
the following setbacks shall apply:
A. All sewage disposal installations such as
septic tanks or septic drainfields; shall be
setback from the mean high-water line or mark
along all streams or lakes a minimum of 100
feet, measured at right angles to the high-
water line or mark.. In those cases where
practical difficulties preclude the location
of the facilities at a distance of 100 feet,
and the County Sanitarian finds that a closer
location will not endanger public health or
safety, a setback exception may be permitted
to locate these facilities closer to the
stream or lake, but in no case closer than 25
feet.
B. All structures, buildings or similar perma-
nent fixtures shall be set back from the
high-water line or mark along all streams or
lakes a minimum of 100 feet measured at right
angles from the high-water line or mark.
010. Dimensional Standards. In an FP zone, the follow-
ing dimensional standards shall apply:
A. Lot Coverage. The main building and acces-
sory buildings located on any building site
or lot shall not cover in excess of 30% of
the total lot area. 0
12 - ORDINANCE NO. 88-030
13
B. Building Height. No non-agricultural build-
ing or structure shall be erected or enlarged
to exceed 2 stories or more than 30 feet in
height.
C. Minimum lot size shall be 10 acres for all
areas which have received an exception to the
Statewide Planning Goals for resource uses.
Areas which have not received an exception to
the Statewide Planning Goals shall have a
minimum lot size of 80 acres.
011. Warning and Disclaimer of Liability. The degree
of flood protection required by this Ordinance is
considered reasonable for regulatory purposes and
is based upon scientific and engineering consider-
ations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by
man-made or natural causes. This Ordinance shall
not create liability on the part of Deschutes
County, any officer, agent or employee thereof, or
the Federal Insurance Administration, for any
flood damages that result from reliance on this
Ordinance or any decision lawfully made hereunder.
012. Use variances or variances to the standards
established by subsections 5 and 7 of this Section
shall not be allowed.0
Section 5. 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
= 4= s M In
DATED this Yt, day of 1988.
M VWJM -
I F93 VNIVA 1.3 MOTE a o7l 3 1)
13 - ORDINANCE NO. 88-030
Z
grga-R��a�•• • -*Wol I
An ordinance Amending Section
4.240 (2) (C) (2) of Ordinance
No. PL -15, the Deschutes
County zoning ordinance of
1979, As Amended, Revising
Conditional Uses of the
Planned Community -Commercial
District, and Declaring an
Emergency.
11-1. le I L VV Qj
LEGAL COUNSEL
DES CHUT Z0UjTTy-,GOT
WHEREAS, Aquitane, Inc. proposed a zone change for a text
amendment to Section 4.240(2)(C)(2) of ordinance No. PL -15, the
Deschutes County Zoning Ordinance of 1979, to allow a miniature
golf course on certain real property; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings officer held a hearing on the proposed
zone change text amendment on August 16, 1988; and
WHEREAS, the Hearings Officer recommended that the zone
change text amendment be approved, by decision dated August 22,
1988; and
WHEREAS, no appeal was filed from the Hearings Officer's
decision; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Section 4.240(2)(0)(2), Conditional Uses of
the Planned Community -Commercial District, of PL -15, the
Deschutes County Zoning Ordinance of 1979, as amended, be further
amended by the addition of the following:
110. Miniature golf.'
Section 2. To adopt as the Board of County Commissioners'
findings and conclusions the Findings and Recommendation of the
Hearings Officer, dated August 22, 1988, relating to zone change
application No. ZC-88-2, marked Exhibit OA", attached hereto and
by this reference incorporated herein.
. 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.
1 - ORDINANCE NO. 88-032
101
DATED this day of^
1988.
BOARD OF COUNTY COMMISSIONERS
OF 114SCHUTES COUWTY,,,%OREGOM
TOA -00
pi
- I YZIS1, Ti�ll*
Recording Secretary AUDLIk,
2 - ORDINANCE NO. 88-032
11
& 0 0
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An ordinance Amending ordi-
nance No. PL -15, the Deschutes*
County Zoning Ordinance of
1979, as Amended, Revising
provisions Concerning Hann-
faictured, Housing and Mobile
Homes, Providing for a Sunset
Clause and Declaring an
LEEEG,V_ CCUNSrL
DES,��[
Section 1. Section 1.0301, Definitions, Ordinance No. PL -15j,
Deschutes County Zoning Ordinance of 1979, as Amended, is further
amended to read as follows:
o68. Manufactured Home. A structure, transportable in
one or more sections, whichrwhen erected on a site, is
seven hundred (700) or more square feet in area, and
which is built on'a permanent chassis, and designed to
be used as a dwelling with or without a penaanent
foundation when connected to the required utilities,
and includes plumbing, heating and electrical system
therein. A.manufactured home is a home built on or
after June 15, 1976, to the standards and requirements
of the National Manufactured Construction and Safety
Standards Act of 1974.
-68A. Manufactured Home Park. Any place where two or
more manufactured homes are parked w1thin 500 -feet of
one another an -a lot*'tract or parcel 'of land under the
ownership,, the primary purpose of which is to rent
spade or. keep space for rent. to any person for a charge
or fee paid Or to be -paid for the rental or use' of
facilities or to offer 8P=8.:fta in connection with
securing the trade.or patronage of such person.
068B. Manufactured Home Subdivision. A subdivision
intended to be occupied primarily �or exclusively by
manufactured -homes..
069. Mobile Home. A vehicle or structure Constructed
for -movement on the :public highways, that is five
hundred (500) or more square feet in area, has sleep-
ing,, cooking and plumbing facilities, is intended for
human occupancy and which was built in accordance with
the appropriate Mobile Home Code in effect at the time
of construction. "Single -wide" mobile home means a
0 1 - ORDINANCE NO. 89-004
TAMM
mobile home which consists of a single, separately
constructed section, excluding accessory buildings or
structures. "Double -wide" mobile home is a mobile '
home consisting of two or more separately constructed
sections designed to be attached directly to each
Other.
69A. mobile Home Park. Any place - where
mnh4 1 e are - parked witlLin 5 00 feet, 43f one - amotli6r
On a IA?tr tkaCt-4= pa==l.0t land v -,the-� samev
0 X ---fth4P a, th6T1xCJ31aWYjxwpose-of which in tcmen
space fCW-:.a-vjU&%ve
cw fee paid or to be paid - for the rental or use of
fAr-_414t4es or to Offer. space, free --in - ann . with
securing the trade or patronage of such person.
099A. Ramada. A stationary structure having a roof
extending—over a mobile home or trailer, which may als(i
extend over a patio or parking space for motor vehi-
cles, and is used primarily for protection from sun
and rain.*
Section 2. Section 1.*030(92), "Prefabricated House",
Ordinance No. P1-15,, Deschutes County. Zoning Ordinance of 1979,
as aln nded, is hereby repealed.
Section 3. Sections 5.,.100, 5.110, 5.120, 5.130, 5.140 and
8.090, Ordinance No. PL -15r Deschutes County zoning Ordinance of
1979, as amended, are hereby repealed.
19 Section 4. Section 5.150, Deschutes County Zoning Ordinance
of 1979, as amended,, is further amended to read as follows:
nesiLuence on an individual Lot. A mobile ho®e or
manufactured home may be authorized as a temporary
residence on an indfvJdual Aot and 'Shall comply with
the following additional prov-:Lslons:
"l. . The Mobile home or manufactured home shall be
placed upon a lot for which a building permit for
a housing unit has been obtain . ed.
12. The mobile home !or manufactured home shall be
occupied only during a period in which satisfact---
ory progress is being made toward�the completion
of the housing' unit on the sam site.
"3. :Electric, water and sewer utility connections
shall be made to the mobile home or manufactured
home. 0
2 - ORDINANCE NO. 89-004
-4. The mobile home or manufactured home shall be
removed from the lot not later than eighteen
months following the date on which the building
permit for the housing unit is issued or not later
than two months following the completion of the
housing unit,, whichever occurs first.
05. All evidence - that the mobile homeaor manufactured
bmw has sbeen on=.-the.,.lot shall beqXdM0Ve&,,VitbLiU
the thirty (30) -days -following -the mvnoval of the
MOIK41 or manufactured-bome_�..o
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'Section 5.095. MNUFACrURED IID DMIGH CRI-
TERIA. A manufactured hoaae is one which meets all of
the following design criteria:
al. has a minimum size of seven hundred (700) square
feet, ex luding-tipouts, hitches, etc.;
02. is sited on a. permanent foundation or support
skirting system as described -in Section 5.115 of
this Ordinance;
`3. has wheels, axles and hitch mechanisms removed;
"4. was manufactured in accordance -with Oregon Depart-
ment of Commerce requirements and manufacturer's
specifications;
05. has siding material of a type customarily used on
site -constructed residences, such as clapboard,
horizontal vinyl lap-sidingl.horizontal aluminum
lap -siding, cedar. or. other wood -siding, brick or
stone, and not including high -gloss finished
material, corrugated metal or fiberglass, or metal
or plastic panels;
06. has roofing materials of a type -customarily used
on site -constructed residences, including wood
shakes or shingles, asphalt or -.fiberglass
shingles, corrugated mat finish colored metal, and
e materlals,'but not including high -gloss
corrugated -aluminum or fiberglass panels; --
*7. has a roof.pitch of at least two in twelve or
greater; and
"8. is in good repair and,free of structural, mechani-
. cal, electrical and plumbing defects."
3 - ORDINANCE NO. 89-004
ME
'Section 5.105. MOBILE HOME DESIGN CRITERIA. A
mobile home is one which meets all of the following
design criteria:
"1- . has a minimum area of 500 square feet, excluding
t1pOuts and hitches;
*2. was.Mrmfactured -in accordance -with the State
Robile-Hame-Code, if any., in effect at the tj of
"4. has utilities connected in accordance with manu-
facturex,s specifications and Oregon Department of
Commerce requirements; and
u5- is in good repair and free of structural, mechani-
cal and Plumbing defects, any of which must be
corrected prior to placement."
"Section 5.115. IUUWAL-TURED Room INSTAL TAATION ,
STANDARDS. manufactured homes shall meet the following
installation standards:
"1. Permanent Foundation With Enclosed Perimeter. if
a manufactured home is to be placed on aster®
foundation with'perimeter enclosure, it must be
set onto an excavated area, with foundations,
fOOtings'and crawl space or basement walls con-
struCted'in, accordancewithOregon Department of
Cmercostandafds-- The space between the floor
joists of the* home and the excavated underfloor
grade shall be.completely enclosed with the
Permanent Perimeter en losure, e=ept for required
openings.
-2. Support System With Skirting- All manufactured
homes 'without a Permanent foundation and perimeter
enclosure shall have an approved support system
with skirting enclosing the entire Perimeter of
the home. Skirting and back -'UP framing shall be
of weather -resistant Or self -extinguishing mate-
rials, which blend with or match the exterior
siding of the home. Below grade, the materials
shall be .unaffected by decay - or oxidation. The
skirting shall be installed in accordance with
manufacturer's recommendations or approved equal
standards. The skirting shall be one-half ventil-
ated by openings, and such openings shall be a net
area of not less than one and one-half (1 1/2)
4 ORDINANCE NO. 89-004
aqua -re feet for each twenty-five (25) linear feet
of exterior perimeter. The openings shall be
covered with corrosion resistant wire mesh or
approved ventilation panels not larger than one
half (1/2) inch in any dimension. The underfloor
area shall be provided with an eighteen (18) inch
by twenty-four (24) inch minimum size -Access crawl
hole-, which shall not. -be blocked- by ducts
or-other-constmuctl=-, I -itq-_wTt&-,Xhe acces-
sibLLity of the;nllderf'l another
approved access smechanigm..
3.sort' Etzvuurea s.
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b. Ramadas and snow roofs shall be con-
structed of any material.
C. Accessory -structures such as decks,
porches, awnings, steps and carports are
permitted subject to meeting current
state building code requirements (no
size limit) and design criteria for
manufactured housing., as set forth in
this Section-.
d. Additional living area maybe added to a
manufactured home but must meet the
current state building codes and* satisfy
the -design criteria for manufactured
housing." .
"1. Permanent Foundation With Enclosed Perimeter. If
a mobile home Is to be. placed on a permanent
foundation with perimeter enclosure, it must be
set onto an excavated. area,- with foundations,
footings and crawl space or basement walls con-
structed in accordance with-oregon.Department of
Commerce standards. The space -between the floor
joists of the home and the excavated underf loor
grade shall be- cbmpletely enclosed with the
permanent perimeter enclosure, except for required
openings.
"2. Support System With Skirting. All mobile homes
without a permanent foundation and perimeter
enclosure shall have an approved support system
0 5 - ORDINANCE NO. 89-004
Fio
ME
with skirting enclosing the entire perimeter of
the home. Skirting and back-up framing shall be
of weather-re'sistant or self -extinguishing mate-
rials, which blend with or match the exterior
siding of the home. Below grade,, the materials
shall be unaffected -by -decay or oxidation. The
skirting -sball -be-installed .in,accxxcdl"nce,With
Flaticus:atroved equal
standards .i.��. . The -oldx-t1mg, r-g&all be-vB79-half ventil-
ated by openings; ancbsuch apeni=Pvshall. be -a not
area of nct-.18" -thmvene,an&,ane-half ':(I-'.112)
square -fast -fcw each-twWay.-fixe - (25) linear -feet
I . r, " 11, t. 0r
of exterl I - 0 fte *Penlngs.ehall be
covered with COrrosim -- r a a 4 stant vire niesh not.
larger than one half (1/2) inch in any dimmm 'on.
The underfloor area shall be provided with an
eighteen (18) inch by twenty-four (24) inch
minim= size access crawl hole, which shall not be
blocked by pipes, ducts or other construction
interfering with the accessibility of the under-
floor space, or another approved access mechanism.
"3. Accessory Structures:
a. Accessory structures (garages,, carports
and sheds) are allowed for all mobile
housing.
b. Ramadas and -snow roofs shall be con-
structed of'any material.
ce Accessory structures such as decks,
porches, awnings, steps and carports are
pe=itted-subject to meeting .current
state building code req Lirements (no
size limit)�and "sign criteria for
mobile housing, as. set forth in this
Section.
d. Additional living -area may be added to a
mobile home but must meet -the current
state building codes and satisfy the
design criteria. for mobile housing."
asection 5.138., - .- STANDARDS. FOR
NUMFACTURED HOMES Aft' CERTAIN DOUBLE -W'
ME MOBILE
HOMES.
'1. Placement.of manufactured homes and double -wide
mobile homesoverseven hundred (700) square feet
in size shall be permitted as follows:
Boom, Mi.
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a. In :.he following zones, except where there is
a Conventional Housing overlay Zone (CH):
EFU-320, EFU-80, EFU-40, EFU-20, MUA-10, F-2,
F-3, RR -10, RSC, RSR -M, RSR -5 as the primary
dwelling, and R -I as a caretaker's residence.
b. In manufactured home parks and -subdivi-
sions.
�11111piii
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1. Placement of single -wide mobile homes and double -
wide mobile homes less than seven hundred (700)
square feet in size shall be permitted as follows:
a.
on parcels ten (10) acres*in size or
larger;
b.
in subdivisions where more than 45% of
the total number of lots in the sub-
division (including all developed and
undeveloped lots in
all parts, phases
and units), have either single -wide or
larger mobile homes currently located
upon them;
C.
in subdivisions where more than of
the total number of lots with dwellings
currently located upon. them have either
single -wide -or larger mobile homes;
d.
as a secondary accessory farm dwelling;
• e.
in mobile home parks and subdivisions;
f.
as a temporary use, with a temporary use
permit under -Ordinance No. 88-005;
9.
as a-replac eiment for a mobile home
destroyed by fire or -other natural act;
h..
as an upgrade existing mobile
.of*an
home; and
0 7 - ORDINANCE NO. 89-004
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i.
as permitted in Sections 5.150 and 5.155
Of this Ordinance.
Mobile homes are not permitted in any historic
dist-rict or on any historic site. a
"Section 5 - 155. A MBnX M.-jalmac�D.
AS A, RESIDENCE FOR MDICAL. i•} `11
*1. A __,_ary.ns* .Pe1:=Lt-- for a-Mob,11 --hme.-ar
manufactured in a--resident3aL;:,azXut-4=aybe
granted -when- �amedica]_' dit40n_4XgjjBtZ4.,jfhjXA.
requires the temporary location Of a.=Dtdle h
ome
or mannfactured:home on the Property in order to
Provide necessary care for a member of the prin-
cipal occupant's family. Such medical condition
must be verified by a doctor's written statement,
which shall accompany the permit application.
"2* The temporary use Permit shall be reviewed
annually for compliance with the terms of this
section.
03* The mobile home shall be removed not later than
ninety (90) days following the date the medical
Condition requiring the temporary use permit
ceases to exist."..
Section 6. Except for the amendments contained in this
Ordinance to Sections 5.150 and 5.155 of Ordinance No. PL -150 not
later than September 1990, the Board of County COMMissioners
shall review this Ordinance, hold a public hearing, and determine
whether'a public need exists to continue this Ordinance.
Section 7. This Ordinance.being necessary for the immediate
preservation of the public peacdr healthandsafety, anemergen
tacy
is declared to exist, and' Ordinance takes effect on its
-passage.
DATED this OVAW day of 1989.
Recording Secretary
8 - ORDINANCE NO. 89-OOM
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTZ, OREGON
LOIS )3R3;STOW PRANTEr; Chair
V
TO P Com—missioner
ICK MAUDLIN, mmissioner
E
E
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An ordinance Amending Ordinance
No. PL -15, Deschutes County Zoning
Ordinance of 1979, as Amended,
Amending the Text for a Zone Change*
Allowing Planned Unit Developments
as a Permitted Use Within the
Planned Community -Multiple Family
Residential District, and Declaring*
an Emergency.
WHEREAS, Sunriver Properties Oregon, Ltd. proposed a zone
change for a text amendment to ordinance No. PL -15 allowing
Planned Unit Developments within the Planned Community -Multiple
Family Residential District; and
WHEREAS, notice of hearing was given in accotdance with law;
and
WHEREAS, the Hearings Officer held a hearing on the proposed
zone change and text amendment on February 7, 1989; and
.WHEREAS, the Hearings Officer recommended that Planned Unit
Developments be allowed as a permitted use within Planned
Community -Multiple Family Residential Districts by decision dated
February 17, 1989; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Ordinance No. PL -15, Section 4.240
(2)(B)(1), be amended to read as follows:
"(1) Permitted Uses. The following uses are permit-
ted:
(a) Two-family dwelling or duplex.
10 (b) Multiple -family dwellings, apartment houses,
and dwelling groups, including townhouses and
10 condominiums.
(c) Permitted uses in an RS District.
(d) Planned unit developments subject to site
plan review."
ORDINANCE NO. 89-007
Section 2. That Ordinance No. PL -15, Section 4.240
(2)(B)(4)(b), be amended to read as follows:
"(b) Townhouses, condominiums, zero lot linj
,twelllngs and apartments. " M
I Section 3. That Ordinance No. PL -15, Section 4.240
,2) (B) (4) (b) (i) , be amended to read as follows:
"i. There shall be no minimum lot area for apart-
ments, townhouses, condorainium developments or
planned unit developments provided, however, that
the overall density shall not exceed one dwelling
for 2,000 square feet of land area."
Section 4. That Ordinance No. PL -15, Section 4.240 (2)(B),
be amended to add the following:
"7. Planned Unit Developments
(a) There shall be no minimum lot area for
Planned Unit Development provided, however, that
the overall density shall not exceed the density
established by the Sunriver Master Plan or the
Deschutes County Zoning Ordinance.
(b) Setbacks. Yard setbacks, lot widths and lot
coverage shall be determined at the time of site
plan review.
(c) The system of ownership and the means of
developing, preserving and maintaining open space
shall be adequate.
(d) A phasing plan and documentation of suffi-
cient funding shall be submitted during site plan
review to insure completion of the project.
(e) Uses within the Planned Unit Development
shall be established by the Sunriver Master Plan
for the RM District."
Section 5. That the Board of County Commissioners adopts as
its findings in support of the amendments set forth in Sections
1, 2 and 3 of this Ordinance the Findings and Recommendation of
the Hearings Officer, as modified, dated February 17, 1989,
attached hereto and by this reference incorporated herein as
Exhibit "A".
2 - ORDINANCE NO. 89-007
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Section 6. 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 1989.
ST:
Recording Secretary
3 - ORDINANCE NO. 89-007
606, oil
OIS'BAISTOW P Er Chair
&17�
TOM OPe -Co is s ioner
0MVImUDLIN,'Commissioner
0914-
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DESCHUTES COUNTY, OREGON
An Ordinance Amending
Ordinance No. PL -15,
Deschutes County Zoning
Ordinance of 1979, as
Amended, Revising Pro-
visions Concerning Fill
and Removal, and Declar-
ing an Emergency.
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section I.. Section 8.050, Ordinance No. P1-15, Deschutes
County Zoning Ordinance of 1979, as amended, Specific Use Stan-
dards, is further amended to read as follows:
"23. Fill and Removal.
A. Except as otherwise provided in this ordi-
nance, no person shall fill or remove any
material or remove any vegetation, regardless
of the amount, within the bed and banks of
any stream or river, or in any wetland,
unless such fill or removal is approved as a
conditional use in accordance with the
following standards: .
1. An application shall be filed containing
a plan with the following information:
a. A detailed explanation of the
planned fill or removal including
the amount of material to be filled
or removed.
b. An explanation of why the fill or
removal is necessary.
C. A site plan, drawn to scale and
accompanied by such drawings,
sketches, and descriptions as are
necessary to describe and illus-
trate the proposed fill or remov-
al. The site plan shall, at a
minimum, include: 04P
W -A
i. An inventory of existing
vegetation.
ii. The Proposed modifications, if
any, to the vegetation.
iii. Existing and proposed site
contours.
• of property lines,
easements, and high water
marks.
V. Other site elements or inform-
ation which will assist in the
evaluation of the proposed
fill or removal.
2. Public facility and service uses, such
as construction or maintenance of roads,
bridges, electric, gas, telephone,
water, sewer transmission and distribu-
tion lines, and related facilities
controlled by public utilities or
cooperative associations, shall not be
granted conditional use permits to fill
or remove unless the following findings
are made:
a. That all necessary state and
federal permits will be obtained as
a condition of approval of the
conditional use.
b. That the roads, bridges, transmis-
sion and distribution lines, and
related facilities cannot, as a
practical matter, be located
outside of the wetland, or bed and
bank of the stream or river.
C. That the construction or mainte-
nance requiring the fill or removal
will be done in a manner designed
to minimize the adverse impact upon
the wetland, stream or river.
d.
That erosion will be adequately
controlled during and after con-
struction. 04
L2
Ci
e. That the impacts on fish and
wildlife habitat from the fill or
removal will be minimized to the
greatest extent practical. The
Oregon Department of Fish and
Wildlife will be requested to
review and comment on the applica-
tion.
3. Fill or removal required for public park
and recreation areas, natural and
outdoor education areas, historic and
scientific areas, wildlife refuges,
public at launching ramps, public
docks and public walkways shall not be
allowed as a conditional use unless the
following findings are made:
a. That all necessary state and
federal permits will be obtained as
a condition of approval of the
conditional use permit.
b. That only the minimum removal of
vegetation or material and dredging
or excavation necessary for con-
struction and maintenance will be
done.
C. That the specific location of the
site will require the minimum
amount of disturbance to the
natural environment, considering
alternative locations in the area
and methods of construction.
d. That such construction and mainte-
nance is designed and done in such
a manner as to minimize the adverse
impact on the site.
e. That erosion will be adequately
controlled during and after con-
struction.
f. That the impacts on fish and
wildlife habitat by the fill or
removal will be minimized to the
greatest extent practical. The
Oregon Department of Fish and'
Wildlife will be requested to
3 - ORDINANCE NO. 89-008
review and comment on the applica-
tion.
4. Except for uses identified insubsec-
tions 2 and 3 above, an application for
a conditional use permit for activity
involving fill or removal of material or
vegetation within the bed and banks of a
stream , river or wetland:
a. Shall be granted only after consid-
eration of the following factors:
i. The effects on public or
private water supplies and
water quality.
4 - ORDINANCE No. 89-008
:1
ii. The effects on aquatic life
and habitat, and wildlife and
habitat. The Oregon Depart-
ment of Fish and Wildlife will
be requested to review and
comment on the application.
iii. Recreational, aesthetic, and
economic values of the af-
fected water resources.
iv. Effects on the hydrologic
characteristics of the water
body, such as direction and
velocity Of flow, elevation of
water surface, sediment
transportation capacity,
stabilization of the bank, and
flood hazards.
V. The character of the area,,
considering existing stream -
bank stabilization problems
and fill or removal projects
which have previously
occurred.
Shall not be granted unless all of
the following conditions are met:
i. That all necessary state and
federal permits will be
obtained as a condition•Sf
approval of the conditional
use.
ii. That there is no practical
alternative to the proposed
project which will have less
impact on the surrounding
area, considering the factors
established in subsection 4.
a. above.
iii. That there will be no signifi-
cant impacts on the surround-
ing area, considering the
factors established in subsec-
tion 4. a. above.
iv. That erosion will be ade-
quately controlled during and
after the project.
V. That vegetation will maintain
the essential character,
quality, and density of
existing growth. Additional
vegetation shall- be required
if necessary to protect
aquatic life habitats, func-
tions of the ecosystem,
wildlife values, erosion and
aesthetic resources.
vi. That the proposed fill or
removal activity will be
consistent with all relevant
goals and policies of the
Deschutes County Comprehensive
Plan.
vii. That a conservation easement,
as defined in Section 1.030
(25B) of this Ordinance, shall
be conveyed to the County,
which provides, at a minimum,
that all elements of the
project will be carried out
and maintained as approved, in
perpetuity, for the regulated
fill or removal area and all
real property on the same lot,
within 10 feet of any wetland,
river or stream."
Section 2. Notwithstanding the provisions of Section 19 of
Ordinance No. 82-011, the Deschutes County Land Use Procedures
:7
Ordinance, an application for a fill and removal conditional use Is
permit which was denied may be re -submitted within six months of
such denial if the application was:
1. accepted by the Planning Division on or after January
1988; and
2. denied due to the applicant's failure to submit a letter
from the Oregon Department of Fish and Wildlife as required
by former Section 8.050 23.A.I.d. of Ordinance No. PL -15.
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 z27-eday of 1989.
A76�3
Recording Secretary
PRANTE, Chair
sinner 0
r Cobmissioner
# # 0
BEFORE THE BOARD OF COUNTY COM2,41ISSIONERS OF DESCHUTES COUNT _Y,_`'OREGON
An Ordinance Amending Ordi-
nance No. PL -15, Deschutes
County Zoning Ordinance of
1979, As Amended, Revising
Provisions Concerning Flood
Plain Zone and-. Declaring- an
Emergency®
BOARD -OF COUNTY. DESCH S COUNTY,
ORDAINS, at follows:
Section 1. Paragraph (136A), 'Wetland," of Section' 1.030,
"Definitions," of Ordinance No. PL -15, Deschutes County Zoning
Ordinance of 1979, as amended, is renumbered to Paragraph (136B).
Section 2. Section 1.030, "Definitions," of Ordinance
No. PL -15, Deschutes'County Zoning Ordinance of 1979, as amended,
is further amended to include the following new definitions:
-(16A) Boat Dock or Pier, Community. A personal use
boating structure built'over or floating upon -the water*
of a lake, river or stream which serves more than one
property owner . for the mooring of. boats or as a landing
place for marine transport, and having a surfate area
of 320 square -feet or less.
"(16B) Boat Dock or Pier, Individual. -A personal use
boating structure built over or floating upon the water
of a lake, river -or stream which serves one property
owner for mooring boats or as a landing place for
marine transport, * and -having a surface area of 160
square feet or less.
"(16C) Boat House. A*cOvered.or enclosed structure
designed. to provide moorage and/or' storage for recrea-
tional or commercial marine transport and built over or
floating upon a lake, river or stream.
"(16D) ' Boat Slip. An area of bank or shore where soil
or other material is excavated to a level at or below
the level of the waters of an adjacent lake, river or
stream, to allow the mooring or landing of marine
transport within- the excavated area.
"(36A) Fill. The deposit by artificial means of
material at a location within the waters of any lake
river or stream, or in wetlands or riparian areas. 1
0 1 - ORDINA-INCE NO. 89-009
.P-1-4
^(68C) Marina. A structure or structures built over
or floating upon the waters of a lake, river, stream or
man-made waterway that provides moorage, launching,
. storage, supplies - and services for recreational . And/or
Commercial marine transport.
"'Ordinary- Hich . Water- joHM).. :.The. highest. line on
the. bank or shore of a lake, river or stream to which
the water -ordinarily rises annually in season,
(8 OB) ordinary *low waterLOLMI.. The - lowest line on
.the bank or shore'of a. lake, river onstream to which
.
the water ordinarily narIly recedes in :season.
-(136A) •Walkway. A structure built over or floating.
upon the waters of a lake, river or stream that pro-
vides access to a boat dock or pier."
Section., 3. Section 4.210(4), -"Conditional Uses Permitted,
is amended to read as follows:
"C. Single-family dwellings on an individual lot, and
mobile homes and manufactured housing on an individual
lot in compliance with -Sections 5.095, 5.105, 5-115,
.5.125,-5.135, 5.145, 5.150 and 5.155 Of this
Ordinance."
Section 4.. Section 4.210(4), *Conditional Uses Permitted,."
is amended by the addition of.the following:
*J; A boat dock or pier, either individual or com-
munity, on private property which lies in the following
areas:
a. On the Deschutes -River between river miles
226.4 and 224.5. This area is identified in the
Scenic Waterway Management Plan as the Wickiup
River CcmmulLity Area;
b.• on the Deschutes River between river miles
217.5 and 216.5. This Area is identified in the
Scenic Waterway Management Plan,as the Pringle
Falls River Community Area; and,
c. on the Deschutes River between river miles 207
and 192. -.This area is identified in the Scenic
Waterway Management Plan as River Community Areas
and Recreational River Area respectively."
Section 5. Section 4.210, "Flood Plain Zone,- is ax%ended by
the addition of a new Section 5, to read as follows:
2 - ORDINANCE NO. 89-009
11
11
-5. Prohibited Uses.
A- Marinas, boat slips and boat houses on private
property. -
Section 6.- Section 5, "Limitations on Conditional Uses-,
Section 6; Section 7# .Criteria to -Evaluate Conditional -Uses
Section 8,` "Yard and: Setback Requirements Section - 9, -
Setback~®ISection 10, wDimensional Standards~, Section 1-1,
-Wa=ing and Diac-laimerof Liability" '.and- Section 12, of Section
4;210areh6reby renumbered as Sections 6, 7, 8, 10,
and,'13 respect 11, 12
Section 7. 'Section 8,
Uses;N Subsection F, "Criteria to Evaluate Conditional.
addition of the followdSpecific' Standards, is amended by the
following:
"d. Docks, Piers and Walkways.
i- NO individual boat dock or -pier shall be
allowed on any lot with less than two hundred
(200) feet of river frontage.
No community boat dock or pier shall be
allowed on any lot with 1:6s's than one hundred
(100) feet of river frontage.
iii. No individual.boat dock Or.pier shall_be
more than 20 feet in length or more than '8feet in
width. The total surface area shall not exceed
160 square feet.
iv- NO community boat dock or pier shall be more
than 20 feet in length. The total surface area
shall not exceed 320 square feet.
v. over
boat dock or pier shAll not extend into or
over the -water more -than -20 feet as measured from
the Ordinary high water mark.(OEEM), or 5% of the
distance between the ordinary low water mark (OLM)
on each river or stream bank measured at right
angles to the shoreline, whichever is less, unless
it can be shown that a greater extension:
1. is necessary to allow access to the OHM;
2. will not increase flood hazard; and
3. will not cause the deterioration or
destruction of marine life or wild!-;fe
habitat.
9 3 - ORDINANCE NC. 89-009
1,17
When the lines of ordinary high or low water
cannot be determined by survey or inspection, then
such lines shall be determined by a registered
professional engineer using the annual mean high'
or low water for theprecedingyear, using data
from the'State of . Oregon Wate"rma . ter.
vi. Individual boat docks and piers - shall have a
m i n mum 5 - foot setback from adjoining property
aj#es., projected,.over the water s�qrface.
bound
Dock, pier and walkway structures 'shall not
be covered or. ---n losed.
vili. All materials used in d6ck, pier or walkway
construction must be in compliance with all DEQ
and EPA regulations.
ix. Docks, piers and walkways shall use either
pilings or styrofodm floats if such floats are
fully enclosed and sealed.
x. Docks, piers and walkways shall not impede
water movement or cause deposition on waterway
beds.
xi. Docks, piers and walkways containing concrete
or wood preservatives shall be fully cured or
dried prior to placement in the Water.
xii. No walkway shall be more than 4 -feet in
width. The length of the walkway shall be no more
than the minimum required to allow access to a
dock.
xiii. Walkways shall include at least one hand-
rail if the structure is elevated 30 inches or
more from ground level.
xiii. All docks,' piers and walkways shall._ meet
the test of non-interference with navigation.
"e. Parking Facilities. No parking facility shall be
located within 20 feet (measured at right angles) of
the ordinary high water mark (OHM)'
Section 8. 'This Ordinance being necessary for the i=ediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
4 - ORDINANCE NO. 89-009
•
d 1: - ". ",
DATED this ay or . Z-1, �., ,. f 1989.
BO.,' --RD OF COUNTY COMMISSIONERS
OF 9SCIIUT S COUNTY) OREGON
Lol:s I 'mY� !TOW PRANTE,. Cha'
Tom Py,"isaloner
-.0 -
•
0 5 - ORDINANCE NO. 89-009
W,
1(c-
IECAL =;N5:1
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC -COUNTY;01u
An Ordinance Amending Ordinance
No. PL -15, Deschutes County Zoning
Ordinance of 1979, as Amended,
Changing the EFU-20 Zone Designa-
tion to Rural Residential on an
Approximately 90 -Acre Parcel of
Real Property Located in Section 4,*
Township 15 South, Range 10 East of*
the Willamette Meridian, Deschutes
County, Oregon, and Declaring an
Emergency.
• 1'
WHEREAS, Deschutes County proposed a zone change from EFU-2Q
to Rural Residential on certain real property; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the zone
change on April.4, 1989; and
WHEREAS, the Hearings Officer recommended that the zone
change requested for the subject property be approved, by deci-
sion dated April 18, 1989; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; and
WHEREAS, the recommended zone change requires the taking of
a goal exception and the amendment of the Deschutes County Year
2000 Comprehensive Plan to redesignate the subject property; and
WHEREAS, by Ordinance No. 89-012, the Board of County
commissioners adopted the necessary goal exception and comprehen-
sive plan amendment; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Ordinance No. PL -15, Deschutes County
Zoning Ordinance of 1979, as amended, is further amended to
change the zone designation on the subject property, described in
Exhibit "A," attached hereto and by this reference incorporated
herein, and depicted on the map marked Exhibit "B," attached
hereto and by this reference incorporated herein, from EFU-20 to
Rural Residential.
1 - ORDINANCE NO. -89-013
�d
Section 2. To adopt the Findings and Recommendation of th*
Hearings Officer, dated April 18, 1989, relating to Zone Change
Application No. ZC-89-1, marked Exhibit "C," attached hereto and
by this reference incorporated herein, as the findings of the
Board of County Commissioners in support of the zone change, with
the following modifications:
The Board finds that:
1. Trapper Point Subdivision received final approval on
October 16, 1980; and
2. The zone change is subject to and conforms with
OAR 660-04-028, concerning goal exceptions for lands
irrevocably committed to other uses.
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.
/Z&/)
DATED this /7 day of
2 - ORDINANCE NO. 89-013
1989.
501
10
BEFORE THE BOARD OF • COMMISSIONERS • DESCHUTES (f-d-UNTY, •• •i
An ordinance Amending Ordi-
nance No. PL -15, the Deschutes*
County Zoning Ordinance of
1979, as Amended, Revising
Provisions Concerning Manu-
factured Housing and Mobile
Homes, and Declaring an
Emergency.
[Q1"11611$ZhV[" 0 :
THE BOARD • • COMMISSIONERS • ► COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 5.145.,_ subsection (1) of Ordinance
No. PL -151 the the Deschutes County Zoning Ordinance of 1979, as
amended, is further amended to read as follows:
"1. Placement of single -wide mobile homes and double -
wide mobile homes less than seven hundred (700)
square feet in size shall be permitted as follows:
a. on parcels ten (10) acres in size or
larger;
01
b. in subdivisions where more than 45% of
the total number of lots in the sub-
division (including all developed and
undevbloped lots in all parts, phases
and units), have either single -wide or
larger mobile homes currently located
upon them;
C.
in subdivisions where more than 50% of
the total number of lots with dwellings
currently located upon them have either
single -wide or larger mobile homes;
d.
as a secondary accessory farm dwelling;
e.
in mobile home parks and subdivisions;
f.
as a temporary use, with a temporary use
permit under Ordinance No. 88-005;
g.
as a replacement for a mobile home
destroyed by fire or other natural act;
h.
as an upgrade of an existing mobile •
home; and
1
ORDINANCE
NO. 89-014
I I --!;, -
I
i. as permitted in Sections 5.150 and 5.155
of this Ordinance.
Section 2. 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 /C V� day of irn6z�1989.
BOARD OF COUNTY COMMISSIONERS
AT
,TEST:
Recording Secretary
2 - ORDINANCE NO. 89-014
0
11
11
An Ordinance Amending Ordi-
nance No. PL -15, the Deschi4tes*
County Zoning Ordinance of
-1979, As Amended, Revising
Provisions Concerning Surface
Mining, D6claring-an Emer-
gency and Setting an.,Effec®
tive Dat4a.
:l it NO. '90-01Z
THE BOARD OF COUNTY COMMISSIONERS DF DESCHUTES COUNTY,
OREGON, ORDAINS as follo'45.
Section -1. Paragraphs*34A, 34B, and. 1.26A,.Section 1.030 of -
Ordinance No.'PL-15,, Definitions, are hereby renumbered 34C, 34DJI
and 126Dr respectively.
Section 2.' Section -1.030 of.Ordinance No. PL -15, Defini-
tions, is amended by the addition of the following:
"28A. DEG. The Oregon Department of Environmental
Quality."
"28B. DOGAMI. The Oregon Department of Geology and
Mineral Industries."
"33B. Dust Sensitive Use. Real property normally used
as a residence, school, church, hospital or similar
use. Property used in industrial or agricultural
activities is not dust -sensitive' unless it meets the
above criteria in more than an incidental manner."
"34A. ESEE. The letters stand for "economic, social,
environmental, and energy." ESEE means the economic,
social, environmental and energy "consequences," as
defined in the Oregon Administrative Rules, Section
660-16-005, that might result from prohibiting,
or fully allowing a "conflicting" use. A
conflicting use is one which could negatively impact or
be negatively impacted by the Goal 5 resource."
"68C. Mineral. Includes, but is not limited to, soil,
select fill, coal, clay, stone, sand, gravel, aggre-
gate, pumice, '�cinders, metallic ore, and any other
inorganic solid excavated from a natural deposit in the
earth for commercial, industrial or constructional
use."
0 1 - ORDINANCE NO. 90-014 (7/12/100)
I � I
"68D. Mitigation. The minimizing or offsetting of
impacts by the provision of on- or off-site improvement
or compensation which benefits impacted property
owners, resources and the.publi.c .interest. Mitigation
measures include, but are not limited to, the provision -
of additional fish and wildlife habitat, consei°vation.
easements, on- and -off-site screening and buffering,
compensation for the° maintenance- of . existing off-site.
screening, -fees • in lieu •of.- .i.jnprovesnents.® and similar
arrangements which are agreed to in writing by e
affected parties,•and which relate to and- are neces-
sitated by a surface shining development or operation,"
"76A. Noise Sensitive Use. Real property normally
used for sleeping or normally used as schools,
churches, hospitals or public libraries. Property used
in industrial or agricultural activities is not 'noise-.
sensitive' unless it meets the* above criteria in.more
than an incidental manner."
"80A. Overburden. Earth'or rock that lies above a
natural deposit of a mineral."
"100A. Reclamation. The employment in a surface mining
operation of procedures designed to minimize, as much
as. practical, the .disruption of the surface. mining
operation and to provide for rehabilitation of any such r
surface resources adversely affected'by such mining
operations through the rehabilitation of plant cover,
soil stability, water resource and other measures
appropriate to the subsequent.-. beneficial use of mined
and reclaimed lands.
"121A. Stream, Perennial. Includes the following
rivers and streams 'in Deschutes County: Alder Creek;
Bottle Creek; Bridge Creek; Brush Draw; Bull Creek;
Cache Creek; Charlton Creek; Cultus Creek; Cultus
River; Deer Creek; Deschutes River; Dry.Creek; Fall
Creek; First Creek; Full Creek; Goose Creek; Indian
Ford Creek; Jack Creek; Raleetan Creek; Lake Creek -
Middle Fork; Little Deschutes River; Metolius Creek;
Park Creek -East Fork; Park Creek -West Fork; Paulina
Creek; Pole Creek; Rock Creek; Snow Creek; Soap Creek;
Soda Crater Creek; Spring Creek; Squaw Creek; Squaw
Creek -North Fork; Three Creek; Todd Lake Creek; Trout
Creek; Tumalo Greek; Tumalo Creek -North Fork; Tumalo
Creek -Middle Fork; and Tumalo Creek -South Fork."
"126A. Surface Mining, Minerals. Includes, but is not
limited to, soil, select fill, coal, clay, stone, sand,
gravel, aggregate, pumice, cinders, metallic ore, and
any other inorganic solid excavated from a natural
2 - ORDINANCE NO. 90-014 (7/12/90)
deposit in the earth for commercial, industrial or con-
struction use."
"1268. g
Surface Minin,- Operator.- Any person or entity
engaged in surface mining.,,
"1260. Surface Mining;'Processing. * Processing includes
crushing, washing, milling and screening as well as
batching and blending of mineral aggregate into asphal-
tic concrete and portland cement concrete. (NOTE:
Processing of mineral . and aggregate material into
secondary.. productst. such as building materials; 1s,
allowed in industrial zones and may be sited 'as -part of
a limited use combining zone in conformance with all
plan amendment and zone change requirements of the
county comprehensive plan and zoning ordinance.)"
Section 3. Section 1.030 of ordinance No. PL -15, Defini-
tions, Surface*Mining, is amended to read as follows:
"126. Surface Mining.
1. Includes:
a. all or any part of the process of mining
by removal of the overburden and extrac-
tion of natural mineral deposits thereby
exposed by any method including, open
pit mining operations, auger mining
operations, processing, surface impacts
of underground mining, production of
surface mining refuse and the construc-
tion of adjacent or off-site borrow
pits, except those constructed for
access roads;
b. mining which involves more than 1,000
cubic yards of material or excavation
prior to mining of a surface.area of
more than one acre.
2. Does not include:
a. the construction of adjacent or off-site
borrow pits which are used for access
roads to the surface mine.
b. excavations of sand, gravel, clay, rock
or other similar materials conducted by
a landowner or tenant on the landow-ner's
property for the primary purpose of
construction, reconstruction or main -
3 - ORDINANCE NO. 90-014 (7/12/90)
t'33
a
tenance of access roads and excavation'
or grading operations conducted in the
process of farming or cemetery opera-,
tions, on-site rbad*const*ruc'tion and
other on-site construction, or non-
surface impacts.of,..underground mines -
c.. batching -and blending,of mineral and.
aggregate into a'sphadtic concrete or
Portland cement concrete."
Section 4.. -Section4.100 of Ord-inaiice-Wci-� PL -15', surface
Mining Zone - sm, is ambn*ded to read as -follows:
Purpose. The purposes of the Surface Mining Zone
are:
A. To. implement the goals and policies, 'of the
county comprehensive plan;
B. To allow the development and use of identi-
fied deposits of mineral and aggregate
resources consistent with Statewide Planning
Goal 5;
To protect the health and safety of the
public and of residents of property adjoining
surface mines, and the value of uses and
natural resources identified in the com-
prehensive plan as conflicting with surface
mines, in accordance with Goal 5.
D. To provide that all land and water resources
affected by surface mining operations within
the county receive the Protection and recl-
amation necessary for their intended subse-
quent use.
E. To provide for cooperation between private
parties and governmental entities in order to
carry out the purposes of this ordinance the
county comprehensive plan and state and
federal regulations.
412. Application of r).,A4__nce. Except as provided in
Section 16 of this Ordinance, the setbacks, opera-
tion standards and conditions set forth in Section
4.100(9), (11) and (14) of this Ordinance, respec-
tively, apply to every surface mining site and
activity to the extent that setbacks, standards
and conditions are not expressly provided for in
the site-specific ESEE analysis within the surface
4 - ORDINANCE NO. 90-014 (7/12/90)
mining element of the comprehensive plan. When
there is a conflict between the site-specific ESEE
analysis and the provisions of this Ordinance, the
site-specific ESEE analy sis shall control.
"3. Uses Permitted Outright. The following uses are
permitted outright without site plan review:
A.•' Farm'use's as defined in this Ordinance.
B. Forest uses as defined in this Ordinance.
C. ..One temporary or portable residence when
necessary to house a caretaker or a night
watchman.
114. Uses Permitted outright Subject to Site Plan
Review. The. following uses are permitted outright
subject to site plan "review as provided in this
Section:
A. Extraction of minerals.
B. Stockpiling and storage of minerals.
C. Screening, washing and sizing of minerals.
D. Sale of minerals and mineral products
extracted and produced on the parcel or con-
tiguous parcels in the same ownership.
E. Buildings, structures, apparatus, equipment
and appurtenances necessary for the above
uses to be carried on.
115. Conditional Uses Permitted.
A. The following uses are permitted subject to
the conditions set forth in Article VIII of
this Ordinance:
a. Public uses consistent with or dependent
upon outright uses allowed in the SM
zone.
b. erations and exploration of geothermal
,resources.
B. The following uses are permitted subject to
site plan review and the setbacks, standards
and conditions set forth in Section 4.100(9),
(11) and (14), respectively, of this Ordi-
5 - ORDINANCE NO. 90-014 (7/12/90)
nance, and are not subject to the conditions
in Article VIII of this Ordinance:
a. Expansion or replacement of a pre-
existing legal dwelling.
b. Crushing of mineral and aggregate mate-
rials on sites designated for crushing
in the*ESEE analysis in the surface min-
ing element of the. comprehensive plan.
--c Sale of. mi s,
' nerals and mineral product
extracted or produced on parcels other
than the subject parcel or contiguous
parcels in the same ownership.
d. Batching and blending of mineral and
aggregate into asphaltic concrete or
portland cement concrete.
"6. Dimensional Standards. In the SM tone, no exist-
ing parcel shall be reduced in size and no addi-
tional parcels shall be created by partition,
subdivision or otherwise.
"7. Site Plan Review. Site plan review and final
approval of a site plan shall be required before
the commencement of any use which requires site
plan review under Section 4.100(4) and 4.100(5)(B)
of this Ordinance, and before any expansion of a
pre-existing or nonconforming site under Section
4.100(16) of this Ordinance.
"8. Site Plan Application. The applicant shall submit
the following information forsiteplan review and
approval:
A. An application ina form&E established . by the
county and satisfying all requirements of the
County Uniform Land Use Action Procedures
Ordinance.
B. All information required for a site reclama-
tion plan by DO I.
C. A mat) or diagram showing that all minimum use
setbacks required in Section 4.100(9) of this
Ordinance are met.
D. A description of how all operation standards
set forth in Section 4.100(11) of this Ordi-
nance are met.
6 - ORDI14ANCE NO. 90-014 (7/12/90)
E. A description of all potential impacts of the
mining activities identified by the ESEE
analysis for the specific site and how those
impacts are addressed..
119. Minimum Use Setbacks.
A. Except as otherwise provided in this section,
all surface mining activities and uses,
including structures, shall be located, and
conducted at least 250 f eet from.a -noise-
sensitive or dust -sensitive use or. -structure.
Exceptions to this standard'shall be allowed
for the following*:
a. Access roads approved as part of site
plan review.
b. Dwellings located'oii the parcel on which
the surface mining is to occur, includ-
ing replacements or expansions thereof.
C. Pursuant to a written agreement for a
lesser setback made between the owner of
the noise -sensitive or dust -sensitive
use or structure located within 250 feet
of the proposed surface mining activity
and the owner or operator of the pro-
posed surface mine. Such agreement
shall be notarized and recorded in the
Deschutes County Book of Records and
shall run with the land. Such agreement
shall be submitted and considered at the
time of site plan review or site plan
modification.
B. Storage and processing of mineral and aggre-
gate material, and storage of operational
equipment which creates noise and.dust, shall
not be allowed closer than one-quarter mile
from any noise or dust sensitive use or
structure existing on the effective date of
Ordinance No. 90-014, unless the applicant
demonstrates that.,
a. ,.Due to the parcel size, topography,
existing vegetation or location of
conflicting uses or resources, there is
no on-site location for the storage and
processing of material or storage of
equipment which will have less noise or
dust impact; and
7 - ORDINANCE NO. 90-014 (7/12/90)
i -2 -7
b. All noise control and air quality stan-
dards of this Ordinance can be met by'
the proposed use for which the exception
is requested.'
C. Additional setbacks may be determined as part
of the site reclamation review process.
Additional. setbacks also may. be required by
bbGAJ�I.
"10. Procedure Upon Filing of Site Plan.
A. Each application for site plan review and
approval shall be processed in accordance
with the County Uniform Land Use Action Pro-
cedures Ordinance.
B The planning director or hearings. body shall
review the site plan application and shall
grant or deny site plan approval based on the
proposed site plan's conformance with the
ESEE analysis for the site contained in the
surface mining element of the comprehensive
plan and the applicable setbacks, standards
and conditions set forth in Section 4.100(9),
(11) and (14) of this Ordinance, respective-
ly. The planning director or hearings body
may require the applicant to make such modif-
ications to the site plan as are necessary to
fulfill the requirements of the site-specific
ESEE analysis and the applicable setbacks,
standards and conditions in this Ordinance.
The planning director or hearings body shall
not deny site plan approval unless the re-
quirements of the ESEE analysis and 'setbacks,
standards and conditions of this Ordinance
are not or cannot be satisfied. by the pro-
posed site' plan.
C. To the extent practicable, the planning
director or hearings body shall review the
site plan application in conjunction with the
review of the applicant's site reclamation
plan by DOGAMI.
"ll. General -'Operation Standards. Prior to the commen-
cement of;any surface mining activity, and no
later than site plan review if such review is
required under this Section, the applicant shall
demonstrate that the following standards are or
can be met by the surface mining operation:
8 - ORDINANCE NO. 90-014 (71121970)
A. Access.
•
a. All on-site roads used in the mining
operation, and access roads* from the
site to a public road maintained by a
government agency, are designedand
constructed to accommodate the Vehicles
,and .equipment which will use them, and
-shall meet -the following minimum stan-
dards.-
1. All access roads within 100 feet of
paved county road or state highway . are
paved unless the applicant demonstrates
that other methods of dust control, in-
cluding application of oil or water,
will be implemented in a manner which
provides for the safety and maintenance
of the county road or state highway.
2. Roads within the surface mining
parcel which are used as part of the
surface mining operation are constructed
and maintained in a manner by which all
applicable DEQ standards for vehicular
noise control and ambient air quality
are or can be satisfied.
3. All roads used for mining are paved
and will be adequately maintained at all
points within 250 feet of a dwelling or
other dust -sensitive use existing on the
effective date of Ordinance No. 90-014.
b. Improvements or fees in lieu of improve-
ments of public roads, county roads and
state highways may be required when the
planning director or hearings body, in
consultation with the appropriate road
authority, determines that the increased
traffic on the roads resulting from the
surface mining activity will damage the
road sufficiently to warrant off-site
improvement. If a fee in lieu of
improvements is required, the amount of
,the fee shall reflect the applicant's
pro -rata share of the actual total cost
of the capital expenditure of the road
construction or reconstruction project
necessitated by and benefiting the sur-
face mining operation. Discounts for
taxes and fees already paid for such
9 ORDIINITANCE NO. 90-014 (7/12/90)
10 No,
improvements, such as road taxes for '
vehicles and for property already dedi-
..cated or improved, shallbe applied.
B. Screening.
a. The site is screened to meet the stan-
dards specifiedin paragraph.( below,
unless one of the exceptions in para-
graph (f) below applies.
Performance - Standard, When screening is
required by paragraph (a), it obscures
the view of the screened uses . from the
protected uses with the methods and to
the extent described in paragraph (e)
below.
C. Protected Uses.
I. Noise -sensitive or dust -sensitive
uses existing on the effective date of
Ordinance No. 90-014.
2. Public parks and waysides.
3. Frontage on roads designated by the
county comprehensive plan as collectors,
arterials and highways.
4. Areas zoned Landscape Management
Combining.
5. Those portions of state and federal
scenic waterways from which the surface
mining activity is visible from the per-
spective of a. -person standing at the
high water mark ori 'either bank of the
waterway.
d. Screened Uses.
1. All equipment stored on the site.
2. All crushing and processing equip-
ment.
3. All excavated areas except: areas
where reclamation is occurring; roadways
existing on the effective date of Ordi-
nance No. 90-014; new roadways approved
as part of the site plan; material ex -
10 - ORDINANCE NO. 90-014 (7112190)
11
cavated to create berms; and material
excavated to change the level of the
mining site to an elevation which pro-
vides'natural :§dreening.'
e. Types.of Screening.
1. Natural Screening. Existing vege-
tation or other landscape features which
are located on the -surface mining site
within 50 feet.of.the boundary of the
site,.. and which obscure the -view of the
screened uses from the protected uses,
shall be preserved and maintained.
2. Supplied Screening. Supplied
vegetative screening is screening not
already existing and which.is added to
the site, such as hardy plant species.
Plantings shall not be required to
exceed either a density of six feet on
center or a height of six feet at the
commencement of mining. Supplied ear-
then screening shall consist of berms
covered with earth and stabilized with
ground cover.
f. Exceptions. Supplied screening shall
not be required when and to the extent
that any of the following circumstances
occurs:
1. The natural topography of the site
offers sufficient screening to meet the
performance standard in paragraph '(b).
2. Supplied screening cannot meet the
performance standard -in paragraph (b)
due to topography.
3. The applicant demonstrates that
supplied screening cannot reliably be
established or cannot survive for a ten-
year period due to soil, water or clima-
tic conditions.
4. Screened uses that are visible from
the protected uses will be concluded and
will either be removed or reclaimed
within 18 months.
11 - ORDINANCE NO. 90-014 (7112190)
5. The surface miner and the owner or
authorized representative of the owner
of the protected use execute and record
in the Deschutes County Book of Records
a mitigation agreement that waives
screen'ng-re irements and describes and
adopts an alternate program or techni-
qup.
9. Continued Maintenance. Vegetative
screening shall be maintained and
replaced as necessary to assure the
required -screening throughout the dura-
tion of the mining activity.
C. Air Quality. The discharge of contaminants
and dust created by the mining operation and
accessory uses to mining does not exceed any
applicable DEQ ambient air quality and emis-
sions standards.
D. Erosion Control. Sedimentation and erosion
resulting from the mining operation does not
affect any perennial stream so as to violate
DEQ's water quality standards.
E. Streams and Drainage. Unless agreed to, in
writing, by the adjoining property owner(s),
existing natural drainages on the site are
not changed in a manner which substantially
interferes with drainage patterns on adjoin-
ing property Or which drains waste materials
or waste water onto adjoining property or
perennial streams. Where the surface mining
site abuts a lake, perennial stream or other
perennial'body of water, all existing vegeta-
tion within 100 feet of the mean high water
mark shall be retained unless mining activity
is allowed within this area by the site-spec-
ific ESEE analysis in the surface mining
element of the comprehensive plan.
F. Equipment Removal. All surface mining equip-
ment and related structures will be removed
from a mining site within 30 days of comple-
tion'of all mining and reclamation.
G. Flood %lain- Any mining operations conducted
in a flood plain, as defined in this Ordi-
nance, will satisfy all applicable condi-
tional use criteria of Section 4.210(3)
through (6) of this Ordinance.
12 - ORDINANCE NO. 90-014 (7/12/90)
1 L4 Z__
H. Noise. Noise created by a mining operation,
vehicles, equipment or accessory uses which
is audible off the site does not exceed DEQ
noise control standards, due to topography or
other natural features' or'by use of methods
to control and minimize off-site noise,
ise,
including, but not limited to: installation
of earth berms; placing equipment below
ground level; limiting. hours of operation;
using a size or type of vehicle or equipment
which has been demonstrated to meet appli-
cable DEQ noise control standards; relocation
of access roads,. and other measures. custo-z
marily used in the surface mining industry to
meet DEQ noise standards.
I. Hours of Operation.
a. Mineral. and, aggregate extraction, pro-
cessing and equipment operation is
limited to the following operating
hours:
1. Surface mining sites located within
one-half mile of any noise -sensitive or
dust -sensitive use or structure existing
on the effective date of Ordinance No.
90-014:
7:00 am to 6:00 pm - Monday through
Friday
8:00 am to 5:00 pm.t- Saturday
2. All other sites:
7:00 am to 10:00 pm - Monday through
Saturday
b.- No surface mining activity will be
conducted on Sundays or the following
legal holidays: New Year's Day, Memo-
rial Day, July 4th, Labor Day,
Thanksgiving Day, Christmas Day.
J. Drilling and Blasting.
a. .Drilling and blasting are allowed under
the site-specific ESEE analysis in the
surface mining element of the comprehen-
sive plan.
0 13 - ORDINANCE NO. 90-014 (7/12/90)
B&I
b. Drilling and blasting which are to be con-
ducted within one-half mile of any noise -
sensitive or dust -sensitive use or structure
o ' r agricultural use involving the raising ofanimals meet or can meet the following stan-
dards.-
I. DEQ noise control.standards for
blasting.
2. A plan addressing the potential for
earth movem nt, flying.toicks.and.other
effects '-on surrounding'uses.has been
submitted to and approved by the County
and DO I.
3. Blasting will be restricted to the
hours of 9:00 a.m. to 5:00 p.m., Monday
through Friday, and no'*blasting will
occur on Saturdays, Sundays or legal
holidays identified in subsection (I)(b)
above.
4. A plan has been submitted to -and
approved by the County describing how
the operator will notify the owners and
inhabitants of the protected uses iden-
tified in paragraph (b) of this subsec-
tion which are located within one-half
mile of the blasting site of proposed
blasting by written notice: (a) deliv-
ered in a manner calculated to be
received by each person entitled to
notice at least 48 hours prior to the
time the blasting activity will occur;
(b) 'containing a statement providing
that the recipient property owner must
Provide the notice to tenants and inhab-
itants on the subject property; (c) in
the case of ongoing blasting, given at
least once each month and specifying the
days and hours that blasting will occur;
and (d) retained by the operator, along
with a list of persons notified, for at
least one year after blasting occurs.
(NOTE: The Planning Director shall make
available for the operator's inspection
zoning maps showing the parcels located
within one-half mile of the blasting
site.)
14 - ORDINANCE NO. 90-014 (7/12/90)
I q L-(
E
K. Extraction Site Size. The size of the area
in which extraction is taking place as part
of a surface, mine does not exceed five acres.
For the purpose of this ordinance, the
extraction site size does not include access
roads, equipment storage areas,, processing
equipment sites, stockpiles, areas where
reclamation is in progress and.similar acces-
sory uses which -are . necessary to - the mining
operation. An exception to this standard may
be allowed as part of'site plAn review if the
applicant demonstrates that mining. techniques
normally associated with Ui6 specific type ofi
mining in question and commonly.used in the
surface mining industry require a larger
extraction site size.
L. Fish and Wildlife Protection.
a. Fish and wildlife values and habitat
required by the site-specific E5EE
analysis to be conserved and protected
are conserved and protected, by use of
methods including, but not limited to:
seasonal operations and access road clo-
sures; retention of or creation of vege-
tative cover and riparian habitat; and
erection of fencing or other barriers to
protect wildlife from steep extraction
site slopes.
b. Mitigation, as defined in this Ordi-
nance, will be provided to compensate
for any loss of fish and wildlife habi-
tat caused by the surface mining activ-
ity which habitat is required to be pro-
tected by the site-specific ESEE
analysis. When mitigation is provided,.
the type and effectiveness of mitigation
required has been determined by the
planning director or hearings body to be
appropriate, from available evidence
and, in consultation with the Oregon
Department of Fish and Wildlife.
M. Surface water management is provided in a
manner which meets all applicable DEQ water
quality standards and DOGAMI requirements,
and which demonstrates that all water neces-
sary for the proposed operation of the sur-
face mine, including dust control, landscap-
ing and processing of material, has been
15 - ORDINANCE NO. 90-014 (7/12/90)
appropriated to the surface mining site and
is legally available for such use. The
applicant must provide written documentation
of: any water rights from the respective water
district and Oregon Watermaster®s office
prior to any mining of the site.
N. Storage of equipment, structures and other
materials at the site is limited'to that
which is necessary and appurtenant to 'the
mining operation or other uses permitted on
the site:
0® A security plan for the subject site has been
submitted and approved by the County and
DOGAMI which addresses the following issues:
a. lighting;
b. fencing;
C. gates at access points;
d. water impoundments-,
e. sloping; and
f. security of vehicles and equipment.
P. All impacts of the mining activities identi-
fied in the ESEE analysis for the specific
site. are addressed and have been resolved at
the time of site plan approval or before the
start of mining activity.
12. Partial Approval. A portion of a parcel may be
approved for surface mining, stock -piles or pro-
cessing without site plan review of the entire
parcel. Partial approval shall be granted if
applicant demonstrates that the following criteria
are or can be met:
a. The portion of the parcel receiving approval
can be mined and reclaimed separately from
the remainder of the site; and
b. The plan for the portion of the site satis-
fies all requirements for site plan review;
and
c. . All surface mining site plan and reclamation
requirements of the county and the DOGAMI for
the approved portion of the site are com-
pleted prior to the start of mining on the
remainder of the property. Initial seeding
in conformance with a reclamation plan shall
16 - ORDINANCE NO. 90-014 (7/12/90)
. 8 ,
be deemed adequate to fulfill the completion
portion of this subsection.
1113. Site Reclamation Plan. Prior -to the start of
mining activity, a site reclamation plan shall be
submitted and approved which demonstrates that the
mineral and aggregate- extraction -site can be
reclaimed for a subsequent beneficial land use
consistent with the designation of such subsequent
use in the surface mining.elem'ent of ..the compre-
hensive plan.
A. When a reclamation" plin i ' s required by
DOGAMI, the site reclamation plan shall be
approved by DOGAMI. To the extent practi-
cable, review of the site reclamation plan
shall be conducted jointly between by DOGAMI
and the county.
B. When a site reclamation plan is not required
by DOGAMI, the site reclamation plan shall be
approved by the county in conjunction with
the site plan review described in Section 7
of this Ordinance. The county shall review
such site reclamation plans for consistency
with the site-specific ESEE analysis in the
surface mining element of the comprehensive
plan and the standards and conditions set
forth in Section 4.100(11) and (14) of this
Ordinance. The county also shall follow the
applicable DOGAMI standards and criteria for
a site reclamation plan.' -
"14. Conditional Use Criteria. The criteria set forth
in this section shall be the only conditional use
criteria applicable to the surface mining activi-
ties described below. Compliance with these cri-
teria shall be demonstrated at the time of -site
plan review.
A. Crushing. When a site has been designated
for crushing of mineral and aggregate mate-
rials under.the site-specific ESEE analysis
in the surface mining element of the compre-
hensive plan, the following conditions apply:
a. If a crusher is to be located less than
,one-half mile from a noise -sensitive use
or structure existing on the effective
date of Ordinance No. 90-014, the appli-
cant shall demonstrate through a noise
report from a qualified, registered
17 - ORDINANCE NO. 90-014 (7/12/90)
sound engineer or similarly qualified
professional, that the crusher can meet
all applicable DEQ industrial and com-
mercial noise' control standard's as'
designed and located,,_or by methods
including, but not limited to' - modifi-
cation or muffling of the crusher;
placement of the crusher below grade or
behind berms.
b® If a crusher is to remain on the site
for longer than, 60 days in*any eighteen -
month period, the applicant- shall demon-
strate that it will. be screened in
accordance with Section 11(B) of this
Ordinance.
B. Exnansinn nv- Replacement of Pre Existing
Dwel-Lingf. The following conditions apply:
a. The expansion or replacement does not
reduce the amount of mineral and aggre-
gate resource available on the subject
site.
b. The replaced dwelling or expansion is
located and designed to minimize the
impacts of the surface mining operation
on the inhabitants of the dwelling®
C. Sale of Products Extracted or Produced on
Parcels mu- -
n the Subject Parcel. The
following conditions shall apply:
a. The portion of the site where the '
products will be stored and sold is at
least one-half mile from a noise or
dust -sensitive use or structure existing
on the effective date of Ordinance No.
90-014.
b. The access from the Point where the
products are stored and sold to a public
road is not within one-half mile of any
noise or dust -sensitive use or structure
existing on the effective date of Ordi-
nance No® 90-014®
D. Processin of A re ate Into
Crete or Portland Cement Concrete. The fol-
lowing conditions shall apply:
18 - ORDINANCE NO. 90-014 (7/12/90)
lqs
0
Ll
E
11
a. The processing operation is located more
than two miles from a planted vineyard
existing on the effective date of Ordi-
:nance No.,90-014.
b-. The.processing operation meets or can
meet all applicable DEQ ambient'air
quality standards and emission standards
for asphalt, asphaltic concrete or porti...
land cement plants..
C. If.the.processing -op.eration.is-located
less thhh'one-half mile - from a noise -
sensitive 'use 'or structure existing on.
the effective date.of ordinance No. 90-
014, the applicant shall demonstrate
through a noise report from a qualified,
registered sound engineer or similarly
qualified professional, that the-prdces,
sing operation can meet all applicable
DEQ noise control standards for industry
and commerce as designed and located, or
by use of methods including, but not
limited to: modification or muffling of
equipment; location of the processing
operation below grade or behind berms.
d. The point where the .vehicles transport-
ing asphalt, portland cement and the raw
materials for - such products access a
public road'is not within one-half mile
of any noise -sensitive or dust -sensitive
use or structure existing on the effec-
tive date of Ordinance No. 90-014.
e. Processing operations temporarily
located in conjunction with a specific
street, road or highway pro.ject will be.
removed from the site within 30 days of
the -completion of the project. (NOTE:
Batch plants are allowed in industrial
zones and may be sited as part of a
limited use combining zone in confor-
mance with all plan amendment and zone
change requirements of the county com-
prehensive plan and zoning ordinance.)
"15. Failure to Comply. If the planning director or
designee determines that surface mining activity
which has received site plan approval is not being
conducted in compliance with the setbacks, stan-
dards or conditions set forth in Section 4.100(9),
19 - ORDINANCE NO. 90-014 (7/12/90)
(11) and (14) of this Ordinance, respectively, or
the site plan, the planning director or designee
may institute enforcement proceedings to require,
such compliance. Enforcement may include citing
for an infraction, injunction proceedings, and any
other measures permitted under Article XII of this
Ordinance. '
"16. -Pre-existi r'Sites, Nonconforming Sites and Recis-
tration.
A. Except for Pre-existing. and. nonconforming
sites,.this Ordinance shall apply to all
surface mining activities which occur on or
after the effective date of Ordinance No. 90-
014.
B. Pre-existing Sites. Mineral and aggregate
sites which have a valid DOGAMI permit or
exemption and/or county.permit on the
effective date of Ordinance No. 90-014, and
which are zoned SM, are 'pre-existing sites.
C. Nonconforming Sites. Mineral and aggregate
sites which have a valid DOGAMI permit or
exemption and/or county permit on the
effective date of Ordinance No. 90-014, and
which are not zoned SM, are "nonconforming
sites."
D. Registration. Operators of all pre-existing
and nonconforming sites shall register the
sites with the planning division within one
hundred eighty (180) days of the effective
date of Ordinance No. 90-014. The registra-
tion shall include a copy of the operator's
permit or exemption and a map or legal
description showing the boundaries of the
surface mining area covered by the permit or
exemption.
E. Expansion.
a. Any expansion of the surface mining
- activity on a pre-existing site beyond
the boundaries of the surface mining
area covered by the DOGAMI permit or
'exemption or county permit, or any
surface mining activity requiring a new
DOGA1,11I or County permit, shall comply
with all applicable requirements of this
Ordinance.
20 - ORDINANCE NO. 90-014 (7/12/90)
b. Any expansion of the surface mining
activity on a nonconforming site beyond
the boundaries of the surface mining
area covered by the DOGAMI pqrmit or
exemption or county permit, or any sur-
face mining activity requiring a new
DOGAMI or County permit, shall comply
with the provisions of Section 6.010 of
this Ordinance..
"1?® Use Permits. Following site plan approval and
prior.to commencement, of any surface mining-activ-
ities.on the .site; -the planning director *or. desig-
nee shall physically review the site for confor-
mance with the site.plan. When it is determined
by the planning director or designee that all
elements of the approved site plan required for
mining have been completed and the reclamation
plan has received -final. approval, the planning
director or designee shall issue a use permit. No
mining activity shall commence prior to the issu-
ance of such use permit.
"18. Monitoring. The planning director or designee
shall periodically visit the surface mining site
to monitor the surface mining operation. If the
planning director or designee determines that the
operation is not in compliance with the approved
site plan and all setbacks, standards and condi-
tions set forth in Section 4.100(9), (11) and (14)
of this ordinance, a citation for an infraction
shall be issued.
"19. Nuisances. Violations of the surface mining site
plan, or the setbacks, standards and conditions
set forth in section 4.100 (9), (11) and (14) of
this Ordinance, respectively, are hereby declared
nuisances, and abatement action may be taken as
specified in'Aktitle XII of this'Ordinance.'
"20. Termination of the Surface Mining Zoning and
Surrounding Surface Mining Impact Area Combining
Zoning.
A. When a surface mining site has been fully or
partially mined, and the operator demon-
strites that a significant resource no longer
exists on the site, and that the site has
been reclaimed in accordance with the
reclamation plan approved by DOGAMI or the
reclamation provisions of this ordinance, the
property shall be rezoned to the subsequent
21 - ORDINANCE NO. 90-014 (7/12/90)
use zone identified in the surface mining
element of the comprehensive plan.
B. Concurrent with such rezoning, any surface
mining impact area combining zone which sur-
rounds -the rezoned- surface mining site shall
be removed. Rezoning shall be subject to
Article X and all other applicable sections
of this Ordinance, -the comprehensive plan and
the county Uniform Land Use Action Procedures
Ordinance."
S�cti6n 5*. Section 4..110*, - Surf ace Mining Reserve 'Zone
repealed andreplaced by the following:
"Section 4.110. SURFACE MINING IMPACT AREA
COMBINING ZONE - SMIA ZONE.
1. Purpose. The purpose of the SMIA zone is to
protect the surface mining resources of Deschutes
County from new development which conflicts with
the removal and processing of a mineral' and'aggre-
gate resource while allowing owners of property
near a surface mining site reasonable use of their
property.
"2. Location. The SMIA zone shall apply to all prop-
erty located within one-half mile of the boundary
of a surface mining zone. However, the SMIA zone
shall not apply to any property located within an
urban growth boundary, city or other county. The
extent and location of the SMIA zone shall be
designated at the time the adjacent surface mining
zone is designated.
"3. AnPlication of -Provisions. The standards set
forth in this section shall apply in addition to
those specified in this Ordinance: for the under-
lying zone. If * a conflict in' regulations or
standards occurs, the provisions of this section
shall govern.
4. Uses Permitted Outright. Uses permitted outright
shall be those identified in the underlying
zone(s) with which the SMIA Zone is combined.
"S. Conditional Uses Permitted. Uses permitted condi-
tionally shall be those identified as conditional
uses in the underlying zone(s) with which the SMIA
Zone is combined and shall be subject to all con-
ditions of the underlying zone(s) as well as the
conditions of the SMIA Zone.
22 - ORDINANCE NO. 90-014 (7/12/90)
11
116. Dimensional Standards. In the SMIA Zone, the lot
size shall be that prescribed in the underlying
zone.
017. Setbacks. The setbacks shall be the same as those
prescribed in the.underlying zone, except as
follows:
A. No noise -sensitive or dust -sensitive use or
structure established or constructed after
the designation of the SMIA Zone shall be
located within 250 feet of any surface mining-.
zone, •except as provided, in -subsection 12 *of
this section; and
B. No noise -sensitive or dust -sensitive use or struc-
ture established or constructed after the designa-
tion of the SMIA zone shall be located within one-
quarter mile of any existing or proposed surface
mining processing or storage site, unless the
applicant demonstrates. that the proposed use will
not prevent the adjacent surface mining operation
from meeting the setbacks, standards and condi-
tions set forth in Section 4.100(9), (11) and (14)
of this ordinance, respectively.
C. Additional setbacks in the SMIA zone may be
required as part of the site plan review
under subsection 10 of this section.
"8. Use Limitations. No dwellings or additions to
dwellings or other noise -sensitive or dust -
sensitive uses or structures shall be erected in
any SMIA Zone without first obtaining site plan
approval under the standards and criteria set
forth in subsections (8): through (12) below.
'19. Specific Use Standards. The following standards
shall apply in the SMIA zone:
A. New dwellings, new noise -sensitive and dust -
sensitive uses or structures, and additions
to dwellings or noise and dust -sensitive uses
or structures in existence on the effective
date of Ordinance No. 90-014 which exceed 10%
of the size of the existing dwelling or use,
shall be subject to the criteria established
in subsection 10 below.
23 - ORDINANCE NO. 90-014 (7/12/90)
14-- '-e
"10. Site Plan Review and Approval Criteria.
A. Site plan review and approval, pursuant to
the County 'Uniform -Land- Use 'Action Procedures
Ordinance, shall be required for all uses in
the SMIA. zone prior to the commencement of
any construction or use.
B. The -planning director or hearings body may
grant or deny site plan approval and may'
require such modifications to the site plan
.as; are determined to. be necessary to meet- the
setbacks,'standardsand conditions described
above.
C. The site plan shall be approved if the plan-
ning director or hearings body finds that the
site plan is consistent with the. site-speci-
fic ESEE'analysis in the surface mining
element of the comprehensive plan and that
the proposed 'use will not prevent the adja-
cent surface mining operation from meeting
the setbacks, standards and conditions set
forth in Sections 4.100(9), (11) and '(14), of
this Ordinance, respectively.
"11. Waiver of Remonstrance. The applicant for site
plan approval in the SMIA Zone shall sign and
record in the Deschutes County Book of Records a
statement declaring that the applicant and his
successors will not now or in the future complain
about the allowed surface mining activities on the
adjacent surface mining site.
"12. Development Agreement and Performance Bond. As a
condition of site plan approval, the applicant may
be required to execute a development agreement
with the county and performance -bond or other form
of security approved by the county to ensure full
and faithful performance of any improvements
required to meet the setbacks, standards and con-
ditions set forth above. Any bond shall be for
110 percent the dollar amount of the improvement
costs.
"13. Exemptions. The following shall be exempt from
this section:
A. Uses in the SMIA zone which are not within
one-half mile of any identified resource in
the SM zone after all reclamation has
Occurred.
24 - ORDINANCE NO. 90-014 (7/12/90)
l�q
B. Continuation and maintenance of a conforming
or nonconforming use established prior to the
effective date of ordinance No. 90-014.
C. The employment of - land for farm 'or forest
use.
D. Additions to a dwelling existing on the
effective date of Ordinance No. 90-014 which
are completely screened from the surface
mining site by the existing dwelling."
Section -22, Section 4.,120(3.)(L)' of Ordinance -No. PL -15*'
Rural Residential, RR -10® Conditional Uses Permitted,.'is 'hereby
repealed,
Section 23. Section 4.010(3)(B) of Ordinance No. PL -15,
Exclusive Farm Use, EFU-320, Conditional Uses Permitted, is
amended to -read. as follows:
"B. Operations conducted for exploration, mining and
processing of geothermal resources as defined by ORS
522.005; exploration and extraction of natural gas or
oil; surface mining mineral and aggregate resources
exclusively for on-site Personal, farm or forest use,
or in conjunctionwithmaintenance of irrigation
canals."..
Section 24. Section 4.020(3)(B) of Ordinance No. PL -15,
Exclusive Farm Use, EFU-80,,Conditional Uses Permitted, is
amended to read as follows:
"B. Operations conducted for exploration, mining and
processing of geothermal resources as defined by ORS
522.005; exploration and extraction of natural gas or
oil; surface mining mineral and aggregate resources
exclusively for on-site personal, farm or forest use,
or in conjunction with maintenance of irrigation
canals."
Section 25. Section 4.030(3)(1) of Ordinance No. PL -15,
Exclusive Farm Use, EFU-40, Conditional Uses Permitted, is
amended to read as follows:
"I. operations conducted for exploration, mining and
processing of geothermal resources as defined by ORS
522.005; exploration and extraction of natural gas or
oil; surface mining mineral and aggregate resources
exclusively for on-site personal, farm or forest use,
or in conjunction with maintenance of irrigation
canals."
Is 25 - ORDINANCE NO. 90-014 (7/12/90)
Section 26. Section 4.040(3)(D) of Ordinance No. PL -15,
Exclusive Farm Use, EFU-20, Conditional Uses Permitted, is'
amended to read as follows:
"D. Operations conducted for exploration, mining a
processing of geothermal resources as def ined by ORs
522.005; exploration and extraction of natural gas o
oil; surf ace mining mineral and aggregate resources
exclusively for on-�-site personal, farm or forest use
or. in conjunction. with. -menance. of irrigation
canals."* I
Scsction.27. $ection 4..060(3)( ) of Ordinance I No. PL -15,
Multiple Use Agricultural, mUA, Conditional Uses Permitted, is
amended to read as follows:
"H. Operations conducted for exploration, mining and
processing of geothermal resources as defined by ORS
522.005;* exploration and extraction of natural . gas or
oil; surface mining mineral and aggregate resources
exclusively for on-site personal, farm or forest use,
or in conjunction with maintenance of irrigation
canals.,,
Section 28. Section 4.070(3)(8) of Ordinance No. PL -15,
Forest Use, F-1, Conditional Uses Permitted, is amended by the
addition of the following:
"B. Operations conducted for exploration, mining and
processing of geothermal resources as defined by ORS
522.005; exploration and extraction of natural gas or
oil; surface mining mineral and aggregate resources
exclusively for on-site personal, farm or forest use,
or in conjunction with maintenance of irrigation
canals-"
Section - 9. Section 4.080(3)(8) of Ordinance No. PL -15,
Forest Use, F-21. Conditional Uses Permitted, is amended to read
as follows:
"B. Operations conducted for exploration, mining and
processing of geothermal resources as defined by ORS
522.005, exploration and extraction of natural gas or
oil; surface mining mineral and aggregate resources
exclusively for on-site personal, farm or forest use,
or in conjunction with maintenance of irrigation
canals.—
Section 30. Section 4.085(3)(B) of Ordinance No. PL -15,
Forest Use, F-3, Conditional Uses Permitted, is amended to read
as follows: 0
26 - ORDINANCE NO. 90-014 (7/12/90)
J
0
"B. Operations conducted for exploration, mining and
processing of geothermal resources as defined by ORS
522.005; exploration and extraction of natural gas or
oil; surface mining mineral and aggregate resources
exclusively for on-site personal® farm or forest use,
or in conjunction with maintenance of irrigation
canals."
Section 31. Section 4.010(3) of, Ordinance No. PL -15, Exclu-
sive Farm Use, EFU-3,20, Conditional Uses Permitted, is amended by
the addition of the following:
MQ-. -Storage,- crushing. and -processing of minerals;:
including the processing of aggregate into asphaltic
concrete or portland cement concrete, when such uses
are in conjunction with the maintenance or construction
of public roads or highways."
Section 32. Section 4.020(3).of Ordinance No. PL -15, Exclu-
sive Farm Use, EFU-80 'Conditional Uses Permitted, is amended by
the addition of the following:
'IQ. Storage, crushing and processing of minerals,
including the processing of aggregate into asphaltic
concrete or portland cement concrete, when such uses
are in conjunction with the maintenance or construction
of public roads or highways."
Section 33. Section 4.030(3) of Ordinance No. PL -15, Exclu-
sive Farm Use, EFU-40, Conditional Uses Permitted, is amended'by
the addition of the following:
"IQ. Storage, crushing and processing of minerals,
including the processing of aggregate into asphaltic
concrete or portland cement concrete, when such uses
are in conjunction with the maintenance or construction
of public roads or highways."
Section 34. Section 4.040(3)-of'Ordinance No. PL -15, Exclu-
sive Farm Use, EFU-20, Conditional Uses Permitted, is amended by
the addition of the following:
IIR. Storage, crushing and processing of minerals,
including the processing of aggregate into asphaltic
concrete or portland cement concrete, when such uses
are in conjunction with the maintenance or construction
of public roads or highways."
Section 35. Section 4.060(3) of Ordinance No. PL -15,
Multiple Use Agricultural, MUA-10, Conditional Uses Pe-r-mitted, is
amended by the addition of the following:
27 - ORDINANCE NO. 90-014 (7/12/90)
"U. Storage, crushing and processing of minerals,
including the processing of aggregate into asphaltic
concrete or portland cement concrete, when such uses
are in conjunct -ion with'the 'maintenance or. construction
of public roads or highways."
Section 36. Section 4.080 - (3) of Ordinance No. . PL -15, Forest
Conditional Uses Permitted, is amended by the- addition
of the following:
"P. Storage, crushing and processing, of minerals,
including the prppessing.of. aggregate .into asphaltic
concrete or portland cement concrete, when such uses
are in conjunction with the maintenance or construction
of public roads or highways.,,
Section 37. Section 4.085(3) of Ordinance No. PL -15, Forest
Use, F-31 Conditional Uses Permitted, is amended by the addition
of the following:
"P. Storage, crushing and processing of minerals,
including the processing of aggregate into asphaltic
concrete or portland cement concrete, when such uses
are in conjunction with the maintenance or construction
.of public roads or highways."
Section 38. Section 4.220(3)(G) of Ordinance No.
' PL -15,
Rural Industrial, R -I, Conditional Uses Permitted, is amended to
read as follows:
"G. Storage, crushing and processing of minerals,
including the processing of aggregate into asphal-
tic concrete or portland cement concrete."
Section 39. Section 8.050 of Ordinance No. PL -15- Specific
Use Standards, is amended by the addition of the following:
"24. ,Surface Mi -z-- of Resources Exclusively for On
Site Personal. Farm or Forest Use or Maintenance of
Irrigation Canals. These uses are subject to the
following standards:
A. An application shall befiled containing the
following information:
a. A detailed explanation of the project and why
the -surface mining activity is necessary.
b. A site plan drawn to scale and accompanied by
such drawings, sketches and descriptions as
are necessary to describe and illustrate the
proposed surface mining.
28 - ORDINANCE NO. 90-014 (7/12/90)
B. A conditional use permit shall not be issued
unless the applicant demonstrates at the time of
site plan review that the following conditions are
or can be met:
a. The surface mining is necessary.to conduct or
maintain a use allowed in the zone district
in which the property is located.
b. Erosion will be controlled during and after
the surface mining.
-c. The. surface -mining activity 'can meet all
applicable DEQ noise'control standards and
ambient air quality and emission standards;,
d. Sufficient water is available to support
approved methods of dust control and vegeta-
tion enhancement.
e. The surface mining does not adversely impact
other resources or uses on the site or adja-
cent properties, including, but not limited
to, farm use, forest use, recreational use,
historic use and fish and wildlife habitat as
designed or through mitigation measures
required to minimize these impacts.
If the surface mining actively involves the main-
tenance or creation of man-made lakes, water
impoundments or ponds, the applicant shall also
demonstrate, at the time of site plan review, that
the following conditions are or can be met:
a.. There is adequate water legally available to
the site to maintain the water impoundment
and to prevent stagnation.
b. The soil characteristics or proposed lining
of the impoundment are adequate to contain
the proposed water and will not result in the
waste of water.
C. Where the impoundment bank slope is steeper
than 3 feet horizontal to 1 foot vertical, or
where the depth is 6 feet or deeper, the
perimeter of the impoundment is adequately
protected by methods such as fences or access
barriers and controls.
d. The surface mining does not adversely affect
any drainages, all surface water drainage is
29 - ORDINANCE NO. 90-014 (7/12/90)
contained on site, and existing watercourses
or drainages are maintained so as not to
adversely affect any surrounding properties.,,
Section 0. Section 8.050 of Ordinance No. PL -15, Specific
Use Standards, is amended by the addition of. the following:
"25. Storage, Crushing and Processing of Minerals in
Coniunction With the Maintenance or Construction of
Public Roads or HighKa
conditional.use permit for
these uses shall be subject to the following -standards:
A. An application shall be .filed containing the
following information:
a. A detailed explanation of the project,
including the duration and operation charac-
teristics of the site.
b. A site plan -drawn to scale and accompanied by
such drawings, sketches and descriptions as
are necessary to describe and illustrate the
proposed project.
B. A conditional use permit for storage, crushing and
processing of,minerals to be used in conjunction
with maintenance and construction of public roads
and highways shall be subject to all applicable
general operation standards established by Section
4.100(11) of this Ordinance, except Section
4.100(11), paragraphs J, K and L."
Section 41. 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 July 16, 1990.
DATED this __Zday of 1990.
BOARD OF COUNTY COMMISSIONERS
OF,qESCHVTES COUNTY, -,-)OREGON
1 LOIS7I
T 1 'ioJ
Pjj_TE, Commissioner
TTE5lI 0
TMOROOP,
Chair
omm
Recording Secretary CK _VAU�DLIN, COmmissioner
30 - ORDINANCE NO. 90-014 (7/12/90)
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGOT4
An Ordinance Amending Ordinance
No. PL -15, the Deschutes County
Zoning Ordinance of 19.79, as
Amended, Amending the Text on
Parking and Loading Space Require- *
ments on a Commercial Use Consist- *
ing of Supermarkets and Grocery
Stores, and Declaring an Emergency.*'
ORDINANCE NO. 90-017
WHEREAS,.the Planning Commission determfined .that the parking
requirements for supermarkets and grocery stores was overly
restrictive in the rural areas of Deschutes County; and
WHEREAS, the Planning Commission proposed a text amendment
to Ordinance No. PL -15 to ease the parking and loading space
requirements on a commercial use consisting of supermarkets and
grocery stores; and
WHEREAS, the Planning Commission recommended after a public
hearing that the proposed parking and loading amendments be
adopted by the Board of County Commissioners; and
0 and WHEREAS, notice of hearing was given I in accordance with law;
WHEREAS, the Board of County Commissioners held a hearing on
the proposed parking and loading space requirements text amend-
ment on April 11, 1990; and
WHEREAS, the Board of County Commissioners concurs with the
Planning Commission recommendation that the parking and loading
space requirements text amendment be approved; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 5.040(4)(F), -Off-Street Parking and
Loading," of Ordinance No. PL -15, is amended to read as follows:
Retail store except 1 space per 300 sq. ft. of
selling bulky merchan- gross floor area.
dise and grocery stores
1,500 sq. ft. gross
floor area or less:
40 1 - ORDINANCE NO. 90-017
I . I
Supermarkets and 1 space per 200 sq. ft. of
grocery stores: gross floor area.
Service or repair shops,
retail stores and*out-
lets selling furniture,
automobiles or other,
bulky merchandise where
the operator can show
the bulky merchandise
occupies the major area 1 space -per 600 sq. ft. of
of the building: gross floor area.
Bank- or office, except 1 space per 306 sq.- ft. of
medical or dental: gross floor area.
Medical and dental 1 space per 150 sq. ft. of
office or clinic: gross floor area:
Eating or drinking 1 space per 60 sq. ft. of
establishments: gross floor area.
Mortuaries: 1 space per 4 seats or 8
ft. of bench length in
chapels.
Section 2. 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
;. /. C , 1990.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
_V
LOIS B ISTOW PRANTE, Commissioner
ATTEST:.
TOM THROOP- Chair
Recording Secretary AICKMMJDLI K, C6mmissioner
2 - ORDINANCE NO. 90-017
E
6
0
ff
:L
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DES MTES--COIJNTYf .—ORE N
An Ordinance Amending Ordinance
No. PL -15, the Deschutes County
Zoning Ordinance of 1979, as
Amended, Amending the Text for a
Zone Change Allowing Dog Kennels
as a Conditional Use in EFU Zones,
and Declaring an Emergency.
[4) R 13 4 R3 Z WMERNIMMIM
WHEREAS, Terry Duffin, proposed a zone change for a text
amendment to Ordinance No. PL -15 allowing dog kennels as a
conditional use within the EFU-20 zone; and
WHEREAS,, notice of hearing was given in accordance with law;
and
WHEREAS, the Planning Commission held a hearing on the
proposed zone change and text amendment on March 14 and March 28,
1990; and
WHEREAS, the Planning Commission recommended that dog
kennels be allowed as a conditional use in all EFU zones by
decision dated April 11j 1990; and
WHEREAS, the decision of the Planning Commission has not
been appealed; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF.DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
.Section 1. That Ordinance No. PL -15, Section 4.010(3), be
amended by the addition of the following:
"Q. Dog kennels."
Section 2. That Ordinance No. PL -15, Section 4.020(3), be
amended by the addition of the following:
"Q. Dog kennels."
Section 3. That Ordinance No. PL -15, Section 4.030(3), be
amended by the addition of the following:
"Q. Dog kennels."
Section 4. That Ordinance No. PL -15, Section 4.0400), be
amended by.the addition of the following:
Is"Q. Dog kennels."
1 - ORDINANCE NO. 90-018
Section 5. That the Board of County Commissioners adopts as
its findings in support of the amendments set forth in Sections 1
through 4 of this Ordinance the Findings and Recommendation of
the Planning Commission dated April 11, 1990, attached hereto
and by this reference incorporated herein as Exhibit "A."
Section 6. 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 ALM— day of 1990.
BOARD OF COUNTY COMMISSIONERS
AMST,:
Recording Secretary
2 - ORDINANCE NO. 90-018
OF ESC TES CO 77 ORE •N
01
LOIS -BRTS
TOW PRANTE, Commissioner
IPDXI'T •004* Ch 3.r
DTEK'XAUDLIN, -Cofmnissioner
* . 0
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY-,' OREGON'
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 LandscapeManage-
ment Combining Zone Criteria,
Declaring an Emergency and Setting
an -Effective Date.
ORDINANcE-NO. 90-020
T1HE BOARD -Qr COUNW. COMMISSIONERS OF. DESCHUTES COUNTY,
OREGON, ORDAINS as followss
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 LX 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.
01. 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
landscapd management corridors in the Comprehen-
sive Plan or the -County zoning map. The limita-
tions in this section shall not unduly restrict
accepted agricultural practL.6es.. -
03. 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 th4b'tM'Zone is combined, subject to
subsection (5) of this section.
"4. Uses Permitted Conditionally. 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
pvmp�_
,5. Use Limitations. No structure, including agricul-
tural buildings, shall be erected or substantially
altered.externally within Qne-quarter mile
(measured at right angles fromcenterline'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, thea .approval of the
PlanningDirector.
Dimensional Standards. -In an IN i Zone, -the follow-
ing dimensional stajidards' shall"apply:
A. Minimum lot size shall be as established in
the underlying zone with which the IN Zone is
combined.
B. Setbacks shall be -those established in.the
underlying zone with which the IM 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 IM
Zone, he may require more or less restrictive
dimensions.
07. 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*
08. 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 -.pr structure to assure that
the building or structure is visually dom-
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
ORDINANCE NO. 90-020
a
11
E
traffic at access points or views of moun-
tains, forests and other open and scenic
areas as seen from the proposed site.
.. Nothing in the section shall be construed to
prevent. -the use of*Acceptedlagricultural
practices, crops or equipment or restrict the
construction of innovative residences,, i.e.
-d 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-
iion. 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.
09. Septic Permits. Prior -to t*h*e*3;.ssuance 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 11
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 - ORDINANC-E NO. 90-020
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 jOO 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 S(B).
B An exception may be'granted only upon find-
ings that:
a The strudture.to be sited is a dwelling that
is to 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; 40
4 - OP:)TNANCE P0. 90-020
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 Planwillbe carried out'.
and maintained as app ed, in perpetuity,
i. high water.
for the area between the ordinary .. ter
Line or mark. and.
the dwelling 4s.been,con-
veyed to the county.
co 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
It 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. It 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
requiremeftt; 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
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 sub ' section (b)- -of this -
section, the dwelling must be located as far
..as possible from the ordinary.high water line
of -the -s ' tream.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. EMERGENC
nance being necessary for
public peace, health and
exist, and this Ordinance
DATED this 6 0 da.
t
Recordina Secretary
6 - O.RD1%.AJ,,17T
..CE NO. 90-020
170
Y CLAUSE AND EFFECTIVE DATE. This Ordi-
the-immediate preservation of the
'safety an emergency is declared to
takes effect.July 9, 1990.
of
1990.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTESCOUNTY, OREGON
LOIS )3RISTOW PRANTE, Commissioner
TOM . WVH�OP, ha*r
DI t7LZIv, Co . issioner
E
lL C 31JI N _5 ;_ L
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHU�I'ES .-COUNTY, OREGON
An Ordinance Amending Ordi-
nance No. PL -15, the Deschutes*
County Zoning Ordinance of
1979, As Amended, Revising
Provisions Concerning Surface
Mining, and Declaring an
Emergency.
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
#RDERS as follows:
Section 1. Section 4.110 (7)(A) of PL -15, as amended, is
further amended to read as follows:
"A. No noise -sensitive or dust -sensitive use or
structure established or constructed after the
designation of the SMIA Zone shall be located within
250 feet of any surface mining zone, except as
provided in subsection 13 of this section."
Section 2. Section 4.110(7) of PL -15, as amended, is further
amended to add a new subsection (7)(D) as follows:
"D. An exception to the 250 -foot setback in subsection
(7) (A) of this section shall be allowed pursuant to
a written agreement for a lesser setback made
between the owner of the noise -sensitive or dust -
sensitive use or structure located within 250 feet
of the proposed surface mining activity and the
owner or operator of the proposed surface mine.
Such agreement shall be notarized and recorded in
the Deschutes County Book of Records and shall run
with the land. Such agreement shall be submitted
and considered at the time of site plan review or
site plan modification."
Section 3. Section 4.110(10) of PL -15, as amended, is further
amended to read as follows:
gootelmr,
A. Elements of Site Plan. A site plan shall be sub-
mitted in a form prescribed by the Planning Director
detailing the location of the proposed noise
sensitive use, the location of the nearby surface
mine zone and operation, if any, and other infotma-
tion necessary to evaluate the approval criteria
contained in this section.
1 - ORDINANCE NO. 90-035
B. Site plan review and approval, pursuant to the
County Uniform Land Use Action Procedures Ordinance,
shall be required for all uses in the SMIA zone
prior to the commencement of any construction or
use.
C. The planning director or hearings body may grant or
deny site plan approval and may require such
modifications to the site plan as are determined to
be necessary to meet the setbacks, standards and
conditions described above.
D. The site plan shall be approved if the planning
director or hearings body finds that the site plan
is consistent with the site-specific ESEE analysis
in the surface mining element of the comprehensive
plan and that the proposed use will not prevent the
adjacent surface mining operation from meeting the
setbacks, standards and conditions set forth in Sec-
tions 4.100(9), (11) and (14), of this Ordinance,
respectively.
E. Public notice shall be as set forth in the County
Uniform Land Use Action Procedures Ordinance, except
that in all cases notice of the receipt of an SMIA
application shall be sent to the mine owners and/or
operators whose SM -zoned site triggered the SMIA
review."
Section - 4. Section 4.110 of PL -15, as amended, is further
amended to add new subsection (11) as follows:
"ll. Abbreviated SMIA Site Plan Review.
A. A new or enlarged noise or dust -sensitive use to
which this section applies that is at least one
quarter mile from an SM zone and that has at least
two dwellings or other noise or dust -sensitive uses
between it and the SM zone is presumed to meet the
approval criteria set forth in subsection 10(D)
above and shall be processed under this subsection.
B. Abbreviated SMIA site plan review shall require the
submission of an application in a form prescribed
by the Planning Director and such documentation as
is necessary to demonstrate conformance with sub-
section ll(A) above.
C. Unless the underlying zoning at the SMIA site would
.require additional review of the proposed use•for
some other land use permit, abbreviated site plan
is review shall be conducted (1) administratively
2 - ORDINANCE NO. 90-035
�j
without prior public notice; (2) with public notice
of the Findings and Decision mailed consistent with
subsection 10 (E) above to all persons entitled to
receive notice; and (3) with an appeal period and
procedures as set forth in the Uniform Land Use
Action Procedures ordinance. Appellants may submit
evidence to overcome the presumption set forth in
subsection 11(A) above."
Section 5. Former subsections 11, 12 and 13 of Section 4.110
are renumbered Subsections 12, 13 and 14, respectively.
Section 6. Notwithstanding Section 4(7) of the Uniform Land
Use Action Procedures Ordinance, the provisions of this Ordinance
shall be applicable to any site plan application accepted pursuant
to Deschutes County Ordinance No. 90-014 from the effective date
of that ordinance onward.
Section 7. 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 1990.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
AST:
Z3-lut
'Recording Secretary
3 - ORDINANCE NO. 90-035
H�V--** 0 Z
PRANTE, Commissioner
, Cofamiss