La Pine City Zoning Code

Overlay zones address concerns unique to an area when other zoning mechanisms cannot achieve the desired results. An area may be unique based on natural, economic or historic attributes. Overlay zones provide a means to modify zoning regulations of the underlying base zones.

Overlay zone regulations are applied in conjunction with a base zone. The overlay zone provisions may modify any portion of the regulations of the base zone or other regulations of this Title. The provisions may apply additional requirements or allow exceptions to general regulations. The specific regulations of the base zone or other regulations of this Title apply unless the overlay zone provides other regulations for the same specific topic. However, when there is a conflict between the overlay zone regulations and the base zone or other regulations of this Title, the overlay zone regulations control.

The neighborhood planning area provides standards and review procedures for development in the neighborhood planning area of the City of La Pine and is the "receiving area" for transferable development credits (TDCs). The neighborhood planning area includes six zoning districts, each with its own set of allowed uses.

A.

Water and wastewater facilities.

1.

All uses in the neighborhood planning area requiring water shall be connected to the La Pine City water system.

2.

All uses in the neighborhood planning area that discharge wastewater shall be connected to the La Pine City sewage treatment facility or a department of environmental quality approved community waste water treatment facility serving the La Pine Neighborhood Planning Area.

B.

Transportation.

1.

Two perimeter collector and three neighborhood collector roads will provide access from Huntington Road into the neighborhoods.

2.

Crescent Creek Drive and a perimeter collector will provide access from Burgess Road. The three perimeter collectors dividing the neighborhoods will be adjacent to open space corridors that provide buffers between the four neighborhoods in the neighborhood planning area.

3.

Driveway access will not be allowed onto Crescent Creek Drive and the neighborhood collectors.

4.

Rather than a continuous paved parking shoulder, parking in designated pullout areas can be provided along the collectors for access to open space, parks and residential lots.

5.

Direct access from residential lots onto the local streets and perimeter collectors is permitted.

6.

Shallow vegetated swales alongside roads will provide for drainage.

7.

A network of multi-use paths will be developed parallel to many of the collector roads, in open space buffer areas within the development, along Huntington Road, and along the eastern perimeter collector parallel to Highway 97 or within the Highway 97 right-of-way, if sufficient right-of-way exists and ODOT authorizes the construction of a multi-use path in its right-of-way.

8.

The precise layout of these roads and multi-use paths will occur during the quadrant plan approval process as each neighborhood and quadrant is planned.

9.

Modifications to the layout and/or alignment of a path or trail outside of the neighborhood/quadrant process may be approved at the city engineer's discretion through an administrative review process.

10.

Use of the term "collector" in this chapter 15.32 means a street meeting the "collector" standard as defined in the City of La Pine Transportation System Plan. Crescent Creek Drive, Findlay Drive, Half Moon Drive, Campfire Drive, and Caldwell Drive are "collectors." Notwithstanding anything herein to the contrary, the city engineer may authorize a different street design standard through the quadrant planning process.

(Ord. No. 2020-02, § 2(exh. B), 1-22-2020)

A.

Residential general district.

1.

Purpose. The residential general district is the largest area of neighborhood planning area. The district is primarily for single-family residential uses with a variety of lot sizes and housing styles. Some higher density housing is allowed in specified locations.

2.

Uses permitted outright.

a.

Single-family dwelling, including a "Class A" manufactured home.

b.

Duplex.

c.

Accessory dwelling.

d.

Multi-use path(s) and modifications of paths and/or trail alignments consistent with the intent of the plan as determined by the city through an administrative process.

e.

Open space.

f.

Residential facility or residential home.

g.

Home occupation that:

(1)

Is carried on within a dwelling only by members of the family who reside in the dwelling;

(2)

Does not serve clients or customers on-site;

(3)

Does not produce odor, dust, glare, flashing lights or noise;

(4)

Does not occupy more than 25 percent of the floor area of the dwelling;

(5)

Does not include the on-premises display or sale of stock in trade; [and]

(6)

Does not have any outdoor storage of materials used in the home occupation.

h.

Road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by the city's transportation system plan and public works improvement standards.

3.

Uses permitted subject to site plan review. The following uses and their accessory uses are permitted subject to site plan review approval and the applicable provisions of this Development Code:

a.

Multi-family dwelling, located along the central collector road in the neighborhood planning area or adjacent to Huntington or Burgess Roads.

b.

Bed and breakfast inn, located along the central collector road in the neighborhood planning area or Huntington or Burgess Roads.

c.

Child care facility located adjacent to the central or a neighborhood collector road in the neighborhood planning area or Huntington or Burgess Roads.

d.

Park or playground.

4.

Conditional uses permitted. The following uses and their accessory uses are permitted subject to conditional use approval and the applicable provisions of this Development Code:

a.

Home occupation, subject to [section] 15.104.110 [15.104.90].

b.

Outdoor recreational equipment storage area as defined in DCC 18.04 until the city develops its own standards.

5.

Dimensional standards. The lot size, lot coverage block length, block perimeter and building height standards shown in Table 15.32-2 shall apply to the residential general district.

6.

Yard and setback requirements. The front, side and rear yard requirements in Table 15.32-2 shall apply to uses in the residential general district.

7.

Residential density. The residential density requirements in Tables 15.32-1 and 15.32-2 shall apply to the residential general district.

B.

Residential center district.

1.

Purpose. The residential center district is a location for social activities and small mixed-use residential/commercial businesses. It is located near the geographical center of each neighborhood. This district is the location for more compact housing types such as townhomes and apartment buildings that activate the center and allow a greater number of people the option to walk for their daily needs.

2.

Uses permitted outright.

a.

Single-family dwelling.

b.

Single-family dwelling - zero lot line.

c.

Townhome, duplex or triplex.

d.

Accessory dwelling.

e.

Live/work unit.

f.

Multi-use path(s) and modifications of paths and/or trail alignments consistent with the intent of the plan as determined by the city through an administrative process.

g.

Open space.

h.

Home occupation that:

(1)

Is carried on within a dwelling only by members of the family who reside in the dwelling;

(2)

Does not serve clients or customers on-site;

(3)

Does not produce odor, dust, glare, flashing lights or noise;

(4)

Does not occupy more than 25 percent of the floor area of the dwelling; and

(5)

Does not include the on-premises display or sale of stock in trade; and

(6)

Does not have any outdoor storage of materials used in the home occupation.

i.

Road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by the city's transportation system plan and public works improvement standards.

2. [3.]

Uses permitted subject to site plan review. The following uses and their accessory uses are permitted subject to site plan review approval and the applicable provisions of this Development Code:

a.

Community center up to 4,000 square feet in floor area.

b.

Neighborhood commercial building as defined in DCC 18.04 until the city develops its own standards.

c.

Multi-family dwelling.

d.

Bed and breakfast inn.

e.

Church.

f.

Park or playground.

3. [4.]

Conditional uses permitted. The following uses and their accessory uses are permitted subject to conditional use and site plan review approval and the applicable provisions of this Development Code:

a.

Residential facility or residential home.

b.

Home occupation subject to 15.104.90.

4. [5.]

Dimensional standards. The lot size, lot coverage block length, block perimeter and building height standards shown in Table 15.32-2 shall apply to the residential center district.

5. [6.]

Yard and setback requirements. The front, side and rear yard requirements in Table 15.32-2 shall apply to uses in the residential center district.

C.

Residential density. The residential density requirements in Tables 15.32-1 and 15.32-2 shall apply to the residential center district.

D.

Community facility district; purpose. The purpose of this district is to provide a location for public and private uses and facilities that serve the civic, social and recreational needs of the community. The community facility district also includes higher density housing.

1.

Uses permitted outright.

a.

Duplex, triplex or townhome.

b.

Multi-use path(s) and modifications of paths and/or trail alignments consistent with the intent of the plan as determined by the city through an administrative process.

c.

Open space.

d.

Road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by the city's transportation system plan and public works improvement standards.

2.

Uses permitted subject to site plan review. The following uses and their accessory uses are permitted subject to site plan review approval and the applicable provisions of this Development Code:

a.

Multi-family dwelling.

b.

Continuing care retirement center.

c.

Hospital.

d.

Medical facility.

e.

Assisted living, congregate care facility.

f.

Nursing home.

g.

Mixed use building (residential with other permitted use in the district).

h.

Child care center.

i.

Public use.

j.

Community center.

k.

Church.

l.

Senior center.

m.

Library.

n.

Museum.

o.

Performing arts building.

p.

Theater.

q.

School.

r.

Park or playground.

3.

Conditional uses permitted. The following uses and their accessory uses are permitted subject to conditional use and site plan review approval and the applicable provisions of this Development Code:

a.

Single-family dwelling.

b.

Retail or professional office use that supports a permitted use in the district.

4.

Dimensional standards. The lot size, lot coverage block length, block perimeter and building height standards shown in Table 15.32-2 shall apply to the community facility district.

5.

Yard and setback requirements. The front, side and rear yard requirements in Table 15.32-2 shall apply to uses in the community facility district.

E.

Community facility limited district; purpose. The purpose of this district is to provide locations for a school, recreation and transportation facilities.

1.

Uses permitted outright.

a.

Multi-use path(s) and modifications of paths and/or trail alignments consistent with the intent of the plan as determined by the city through an administrative process.

b.

Open space.

c.

Road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by the city's transportation system plan and public works improvement standards.

2.

Uses permitted subject to site plan review. The following uses and their accessory uses are permitted subject to site plan review approval and the applicable provisions of this Development Code:

a.

Park and ride facility.

b.

School.

c.

Park or playground.

3.

Uses permitted subject to conditional use. The following uses and their accessory uses are permitted subject to conditional use and site plan review approval and the applicable provisions of this Development Code:

a.

Equestrian facility.

F.

Neighborhood commercial district; purpose. The purpose of this district is to provide a location for small-scale convenience commercial uses designed to serve the neighborhood planning area.

1.

Uses permitted outright.

a.

Multi-use path(s) and modifications of paths and/or trail alignments consistent with the intent of the plan as determined by the city through an administrative process.

b.

Open space.

c.

Road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by the city's transportation system plan and public works improvement standards.

2.

Uses permitted subject to site plan review. The following uses and their accessory uses are permitted in a building or buildings each not exceeding 4,000 square feet of floor space, subject to site plan review approval and the applicable provisions of this Development Code:

a.

Convenience market.

b.

Video store.

c.

Retail store.

3.

Conditional uses permitted. The following uses and their accessory uses are permitted in a building or buildings each not exceeding 4,000 square feet of floor space, subject to conditional use and site plan review approval and the applicable provisions of this Development Code. Such as, but not limited to:

a.

Restaurant.

b.

Laundromat.

c.

Dry cleaning.

d.

Art studio in conjunction with retail use.

e.

Professional office.

4.

Dimensional standards. The lot size, lot coverage block length, block perimeter and building height standards shown in Table 15.32-2 shall apply to the commercial district.

5.

Yard and setback requirements. The front, side and rear yard requirements in Table 15.32-2 shall apply to uses in the commercial district.

G.

Park district. The purpose of this district is to provide neighborhood parks in each of the four neighborhoods within the neighborhood planning area. This district may also apply to an optional regional park that may be located in Neighborhood 2 or 3 during quadrant plan approval process.

1.

Uses permitted outright.

a.

Multi-use path(s) and modifications of paths and/or trail alignments consistent with the intent of the plan as determined by the city through an administrative process.

b.

Open space.

c.

Road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by the city's transportation system plan and public works improvement standards.

2.

Uses subject to provisions of 15.32.100.G.4.

a.

Neighborhood park.

3.

Conditional uses. The following uses and their accessory uses are permitted subject to conditional use and site plan review approval, the development standards in 15.32.100.G.5 and the applicable provisions of this Development Code:

a.

Regional park.

4.

Neighborhood park development standards.

a.

Size standard. Each neighborhood park must be a minimum of two acres and no more than five acres in size. Neighborhood park areas do not need to be contiguous, so long as a multi-use path or sidewalks allow for pedestrian connection between the neighborhood park areas. If neighborhood parks are provided in a non-contiguous fashion, and notwithstanding anything herein to the contrary, each individual neighborhood park must be a minimum of one acre and the total neighborhood park area within an individual neighborhood must be a minimum of three acres.

b.

Location. Neighborhood parks must be located at approximately the center of each neighborhood or quadrant, must front a public street on at least one side, and must have multi-use path connections to a public street other than a frontage street.

c.

Boundary determination. The exact boundaries of the parks will be established at the time of approval of a quadrant plan.

d.

Platting. Neighborhood parks will be platted as part of the first phase for each quadrant in an approved quadrant plan.

e.

Development. The timing of neighborhood park development will be established through the quadrant plan approval process.

5.

Regional park development standards.

a.

The La Pine Neighborhood Planning Area may include one regional park. The regional park may be developed in Neighborhood 3 or 4.

b.

Size standard. The regional park shall be between ten and 25 acres in size.

c.

The location of a regional park shall be determined during the quadrant planning of Neighborhoods 3 and/or 4.

d.

If the regional park is located at the intersection of the central collector and a neighborhood collector at the center of a neighborhood, it may replace the required neighborhood park.

e.

Siting standards.

•

The regional park shall have direct access to either a collector street and an arterial street or the central collector and a neighborhood collector street.

•

The regional park shall have direct access to a paved multi-use path.

H.

Open space district. The purpose of this district is to provide two types of open space in the neighborhood planning area. Perimeter open space is located adjacent to Huntington and Burgess Roads, Highway 97, and between existing residential lots west of Neighborhood 4. Perimeter open space will provide visual and noise screening and locations for multi-use paths. If Highway 97 provides sufficient width for a perimeter buffer, is or will be improved with an ODOT approved multi-use path that includes a ten-foot buffer between the path and property line, the planning commission may allow for the Highway 97 right-of-way to serve as the eastern perimeter open space as part of the quadrant plan approval process. Corridor open space divides the four neighborhoods, helps to maintain a rural feeling, and contains multi-use paths. The quadrant plan for each neighborhood must designate the following minimum areas as open space district, as applicable to each quadrant:

(1)

In addition to the required dedication of right-of-way, a minimum 20-foot-wide corridor open space buffer must be provided on either side of the right-of-way separating adjacent neighborhoods.

(2)

Minimum 200-foot-wide perimeter open space adjacent to the Highway 97 right-of-way, unless through the quadrant plan approval process, the planning commission determines that the Highway 97 right-of-way is sufficient to accommodate a multi-use path while providing adequate buffering between the path and adjacent properties lines. The applicant must have prior approval from ODOT to construct the multi-use path in the Highway 97 right-of-way in order to utilize this exception.

(3)

Minimum 75-foot-wide perimeter open space adjacent to Huntington and Burgess Roads.

(4)

Minimum 50-foot-wide perimeter open space on the west edge of quadrants 4a and 4c.

(5)

A 500-foot wildlife corridor must be established in either Neighborhoods 3 or 4. The wildlife corridor must be unimproved and align with an existing or planned wildlife Highway 97 undercrossing to the extent practical.

1.

Perimeter open space uses permitted outright.

a.

Open space.

b.

Multi-use path(s) and modifications of paths and/or trail alignments consistent with the intent of the plan as determined by the city through an administrative process

2.

Corridor open space uses permitted outright.

a.

Open space.

b.

Multi-use path(s) and modifications of paths and/or trail alignments consistent with the intent of the plan as determined by the city through an administrative process.

c.

Picnic area.

d.

Benches along multi-use path.

e.

Park or playground managed by the La Pine Park District or a neighborhood planning area homeowners association.

3.

Uses permitted subject to an open space management plan under the provision of 15.32.100.H.(5).4.

a.

Vegetation management for wildfire hazard reduction.

b.

Vegetation management for wildlife habitat enhancement.

c.

Landscaped earthen berm.

d.

Road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by the city's transportation system plan and public works improvement standards.

4.

Open space management plan.

a.

An open space management plan shall be prepared for each quadrant as a component of a quadrant plan. The plan shall be implemented as a condition of approval for the final plat of the first phase of any development in a quadrant. The open space management plan shall identify the funding source and management responsibility for zoned open space.

I.

Quadrant plan.

Plan approval required. Prior to issuance of a building permit, approval of a tentative plan or initiation of development (including, without limitation, streets or placement of utilities) within a neighborhood or quadrant, a quadrant plan must be approved according to the Type III Procedures of the La Pine Development Code section 15.204.030 and the quadrant plan approval criteria in 15.32.100.I.3.

1.

Eligibility to submit an application. The City of La Pine will accept a quadrant plan application from an owner or developer who has an agreement with Deschutes County of intent to purchase land in the quadrant. The county may also prepare a quadrant plan.

2.

Application requirements. All applications shall include the following elements:

a.

Zoning plan, drawn to scale, showing the boundaries of the proposed zones and the acres in each zone.

b.

Transportation plan, drawn to scale, including locations of street rights-of-way for central collector, neighborhood collector, perimeter collector and local streets, block configurations and connections with adjacent quadrants.

c.

Non-motorized circulation plan showing locations of any sidewalks or multi-use paths and where they will connect to adjacent quadrants.

d.

Open space and park plan, drawn to scale, defining boundaries for the open space district and neighborhood or regional parks where applicable.

e.

Open space management plan.

f.

Utility plan, drawn to scale, identifying location and specifications for sewer and water facilities. The utility plan shall include a schedule of improvement initiation and completion and a written narrative that explains or describes:

•

How the proposed water and sewer systems will be adequate to serve the type and size of development planned.

•

How the proposed location and sizing of facilities will be consistent with existing and planned facilities.

•

How adequate water flow volumes will be provided to meet fire flow and domestic demands.

g.

Proposed design guidelines and process for reviewing and approving buildings for conformance with the guidelines. Notwithstanding DCC 23.40.020(F)(1)(g), and this requirement, no design guidelines shall be required for quadrant 1c until the city develops its own standards.

h.

A plan showing the zone boundaries for neighborhood general and neighborhood center districts.

i.

A plan showing the proposed locations and dimensions of road rights-of-way.

j.

A written burden of proof statement with findings demonstrating conformance with the goals and policies of The Deschutes County Comprehensive Plan, DCC 23.40.020, the applicable sections of DCC 18.61, and any other applicable provisions of DCC title 18 until the city develops its own standards.

k.

A proposal for deed restrictions, covenants, conditions and restrictions (CCRs), and a homeowner's association. Notwithstanding DCC 23.40.020(F)(1)(g) and (h), no proposal for deed restrictions, CCRs, and a homeowner's association shall be required with an application for a quadrant plan for quadrant 1c until the city develops its own standards.

3.

Quadrant plan approval. Approval of a quadrant plan is a land use action reviewed under the Type III Procedures of Development Code section 15.204.030. Quadrant plans are subject to a public hearing before the City of La Pine Planning Commission. The planning commission makes the decision to approve or deny an application for a quadrant plan. The city council will act as the hearings body on an appeal of such a decision. An appeal of a quadrant plan will be conducted in accordance La Pine Development Code chapter 15.212. A quadrant plan may be approved subject to conditions with findings that the following criteria are met:

a.

The quadrant plan application contains all of the elements required in 15.32.100.I.2.

b.

The quadrant plan conforms to the relevant policies in the City of La Pine Comprehensive Plan.

c.

There is adequate sewer and water capacity to serve the development planned for the quadrant and agreements to provide service have been signed with appropriate water and sewer districts or providers.

d.

The streets proposed in the quadrant transportation plan conform to the general location and connection requirements of the La Pine Neighborhood Street Plan, Figure 15 in the Deschutes County Comprehensive Plan, DCC 23.36.052. The city engineer must approve of the street design. Final locations of road rights-of-way approved under a quadrant plan will be determined through the process for approval of a tentative plat under Development Code article 9.

e.

Except as approved by the city through a quadrant plan, the multi-use paths must be located within or adjacent to the perimeter or corridor open space as generally shown in the non-motorized plan, Figure 16 in the Deschutes County Comprehensive Plan, DCC 23.36.052 until the city develops its own standards. Path(s) and modifications of paths and/or trail alignments must be consistent with the intent of the quadrant plan as determined by the city through an administrative process. Any modifications of these locations must be in compliance with Development Code 15.32.020.B.7.

f.

Except as approved by the city through a quadrant plan, the open space in the open space and park plan must conform to the standards in Deschutes County Comprehensive Plan, DCC 23.36.020(D) and general location shown in the La Pine Neighborhood Parks and Open Space Plan, Figure 17 in the Deschutes County Comprehensive Plan, DCC 23.36.052, until the city develops its own standards. Any modifications of these locations must be in compliance with Development Code 15.32.100.I.3.G and Development Code 15.32.100.I.3.H.

g.

The zoning plan conforms to the following performance standards:

(1)

Neighborhood commercial district. A minimum of two and a maximum of four acres of neighborhood commercial district must be established in quadrant 3a or 3c. Alternatively, if quadrant plans for quadrant 3a and 3c are approved at the same time, the maximum area of neighborhood commercial district may be divided between the two quadrants. The neighborhood commercial zone must be located at the intersection of Huntington Road and the neighborhood collector that bisects Neighborhood 3.

(2)

Community facility district. Quadrant 1c will be zoned as community facility district.

(3)

Community facility limited district. The portion of quadrant 3a that is located west of Huntington Road will be zoned community facility limited. A maximum of 15 acres in the northwest section of quadrant 4a may be zoned community facility limited.

(4)

Residential center district. Each quadrant except quadrants 1a, 1b, 1c and 1d must have a residential center district with a minimum of three acres and a maximum of six acres. The area of the residential center district is gross acres including public rights-of-way. The residential center district must be a contiguous area located so that it is adjacent to both Crescent Creek Drive and the collector street that bisects the neighborhood.

(5)

Residential general district. The area zoned residential general will be the area in each quadrant that remains after the mandatory minimum residential center, neighborhood parks and open space zoning is defined.

h.

The proposed residential densities and lot sizes conform with the requirements of the residential general and residential center zones as further described as follows in Tables 15.32-1 and 15.32-2:

Note: Density is calculated using gross acres, excluding collector street right-of-way.

Notes:

(1) Gross acres, excluding collector street right-of-way.

(2) Must meet clear vision requirements of in article 5.

(3) The block requirements not applicable to review and approval of quadrant plans.

(Ord. No. 2019-01, exh. B-1, 4-10-2019; Ord. No. 2020-02, § 2(exh. B), 1-22-2020)

The two transition areas within the city are located along the Burgess Road, Huntington Road and Highway 97 corridors (in the northern part of the city) and on some undeveloped properties in the southern part of the city where single family residential land abuts industrial land. The transition areas, which total 212 acres, were so designated because these areas were primarily undeveloped larger lots and are located in areas where adjoining land uses and transportation facilities could cause conflicts between uses. Additionally, these properties are located in areas where increased residential density and/or a mix of residential and commercial uses may be appropriate due to their proximity to major transportation corridors and existing facilities and services.

A.

North transition area. As the development and improvements to the transportation facilities occurs in the future, a development pattern that includes a mixture of service commercial uses and medium density residential development is desired. Such development should occur in a master planned fashion and should treat all sides of the development in a similar fashion, the development must not be linear in nature and should tie together all sides of the surrounding development.

B.

South transition area. As development of the industrial and single family residential areas occurs over time, the development of the transition area as a graduated multi-family residential buffer between the uses is desired. It is anticipated that the average density within the transition area will be medium density, but portions along the edges will vary in their densities in a manner that corresponds with the desired development pattern in the adjoining district. Such development should occur in a master planned fashion and should treat all sides of the development in a similar fashion, the development should be done in a manner where it is integrated into the surrounding development pattern and be respective of all sides of the surrounding uses.

The use regulations within the transitional areas overlay zone are summarized in Table 15.34-1.

A.

Development within transition areas shall be master planned to show an inter-relationship between the proposed development, and infrastructure and adjoining land uses.

B.

The purpose of a master plan is to provide opportunities to create a desirable environment through the application of flexible design and development standards to tracts of land under common ownership or control. It is intended to provide a transition area between zones and to blend uses without creating conflict between different zones. The master plan shall encourage a creative approach in the development of land in an efficient and aesthetic manner and to provide a desirable use of open areas, while encouraging a higher dwelling unit density and area coverage permitted in the abutting zones. It is intended to achieve economy in development and maintenance while providing privacy, usable open space, safe pedestrian and vehicular circulation and compatible relationships between different land uses.

The following standards and requirements shall apply to all special master plans in the TA zones:

A.

The maximum number of developable units or the dwelling unit density allowed is determined by dividing the minimum lot area allowed in the abutting zone into the net land area of the project. Development occurring next to a single-family residential district may exceed by 20 percent the average dwelling unit density permitted by the underlying zone. Development occurring in multi-family districts may exceed by 30 percent the average dwelling unit density permitted by the underlying zone;

B.

The perimeter of the project shall be aesthetically compatible with the land use of adjoining properties. Perimeter lots adjoining or abutting property outside the project shall comply with the requirements of the underlying zone, or shall be screened in an aesthetic manner from adjoining properties so as to protect such adjacent lots from visual and audible impacts from the project which are inconsistent with the underlying zoning;

C.

Improvements on the site shall contain adequate landscaping so as to provide a compatible effect as seen from the adjoining properties;

D.

One or more major egress circulation points must be functionally connected to a public arterial or collector street or streets;

E.

Open space shall be arranged so as to be an integrated part of the project, not isolated and apart therefrom;

F.

A minimum of 20 percent of the land area of every master plan shall be comprised of open space;

G.

Water and sewer systems shall be publicly owned and designed to city standards;

H.

Streets may be private or public.

A.

The process to be followed in the application for a master plan shall consist of four procedures:

1.

Conceptual review by the city staff.

2.

Review of the preliminary development plan by the city planning commission and recommendation to the city council.

3.

Approval of the preliminary development plan by the city council.

4.

Approval of the utility and street plans by the city staff and approval of the final development plan by the city council.

The applicant shall submit to the city three copies of the preliminary plan material, including the following:

A.

Legal description of the project and site location map of the property;

B.

A proposed site plan and/or drawing showing the principal topographic contours and designated placement, location and principal dimensions of buildings, streets, parking areas, recreational areas, other open space and landscaping areas;

C.

Preliminary elevation and perspective drawings of project structures and improvements;

D.

Description of the special features of the development;

E.

A text describing conditions or features which cannot be adequately displayed on maps or drawings;

F.

A description of plans for covenants, restrictions, uses and continuous maintenance provisions for the project;

G.

The following plans and diagrams:

1.

A survey of the property, showing existing features, including contours, buildings, structures, streets, utility easements, rights-of-way, and existing land use;

2.

An off-street parking plan;

3.

A circulation diagram indicating the proposed movement of vehicles and pedestrians within the planned unit development and to and from existing and planned thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern must be shown;

4.

Preliminary landscape plans;

5.

A topographic map or model of the site and surrounding vicinity;

6.

Preliminary drainage plan;

7.

Proposed source of water supply, electric supply, cable, gas, fiber, and sewage disposal;

8.

Preliminary layout of water and sewer system;

9.

Lighting plan;

10.

Site plan showing minimum lot area, lot dimensions, lot coverage and yard requirements and the building heights.

A.

Statutory authorization. The State of Oregon has in ORS 197.175 delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of La Pine does ordain as follows:

B.

Findings of fact.

1.

The flood hazard areas of the City of La Pine are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2.

These flood losses may be caused by the cumulative effect of obstructions in special flood hazard areas which increase flood heights and velocities, and, when inadequately anchored, cause damage in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to flood loss.

C.

An overlay zone is a special zoning overlay which is applied over one or more base zones and establishes additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning. This special flood hazard area (SFHA) overlay zone intends to identify sections of the city subject to the hazards of 100-year periodic stream flooding as determined by the limits and extent of the special flood hazard area shown on Federal Emergency Management Agency (FEMA) Flood Insurance Map (FIRM) No. 41017C0245D, dated September 28, 2007, and associated Flood Insurance Study No. 19163CV000A, and any revision thereto, or more accurate studies, and to preclude future development or redevelopment that may suffer a loss of life or property in the subject area. Because the natural watercourse of waterways is dynamic and subject to change, the boundaries of the special flood hazard area overlay zone may be revisited and adjusted, as necessary and warranted.

D.

It is the purpose of this chapter to promote the public health, safety and general welfare, to maintain streams and floodplains in their natural state to the maximum extent practical to reduce flood hazards, and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to:

1.

Protect human life and health;

2.

Minimize expenditure of public money for costly flood control projects;

3.

Preserve natural and beneficial floodplain functions;

4.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

5.

Minimize prolonged business interruptions;

6.

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; streets and bridges located in areas of special flood hazards;

7.

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize blight areas caused by flooding;

8.

Notify potential buyers that the property is in an area of special flood hazard;

9.

Notify those who occupy special flood hazard areas that they assume responsibility for their actions;

10.

Participate in and maintain eligibility for flood insurance and disaster relief;

11.

Minimize the threat to persons, property and urban water quality from flooding and inadequate or improper drainage resulting from uncontrolled development or redevelopment of land to include filling, grading, excavation, removal; earthwork construction including berms and dikes; stockpiling of materials; or other alterations;

12.

Ensure that flood loss reduction measures under the National Flood Insurance Program (NFIP) are consistent with retaining natural floodplain functions;

13.

Ensure no net loss of hydraulic and geomorphic functions of floodplains;

14.

To balance the public interests with those of individual property owners in the designated areas;

15.

Allow the functions of the creek to continue, including erosion, deposition, and channel migration;

16.

To implement the policies of the city's comprehensive plan.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

In order to accomplish its purposes, this chapter includes methods and provisions for:

A.

Restricting or prohibiting development which is dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

B.

Requiring that development vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C.

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

D.

Controlling filling, grading, dredging, and other development which may increase flood damage;

E.

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

The following definitions apply to this chapter and, to the extent the term is not defined in chapter 15.12, to other portions of the Development Code. Strictly for purposes of this chapter, the definitions supersede conflicting definitions in chapter 15.12. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage.

Appeal means a request for a review of the interpretation of any provision of this chapter or a request for a variance.

Area of shallow flooding means a designated Zone AO, AH, AR/AO or AR/AH on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard means the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR. "Special flood hazard area" is synonymous in meaning and definition with the phrase "area of special flood hazard."

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE) means the elevation to which floodwater is anticipated to rise during the base flood.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Below-grade crawl space means an enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawl space to the top of the crawl space foundation, does not exceed 4 feet at any point.

Building: See "Structure."

Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use, or store hazardous materials or hazardous waste.

Development means any manmade 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 or storage of equipment or materials.

Elevated building means, for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

Fill means placement of any materials such as soil, gravel, crushed stone, or other materials that change the elevation of the floodplain. The placement of fill is considered "development."

Flood or flooding:

1.

A general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters.

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

c.

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

2.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(a) of this definition.

Flood elevation study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood Insurance Rate Map (FIRM) means the official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

Flood Insurance Study (FIS): See "Flood elevation study."

Flood proofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

Floodplain or flood prone area means any land area susceptible to being inundated by water from any source. See "Flood or flooding."

Floodplain administrator means the community official designated by title to administer and enforce the floodplain management regulations.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

Floodplain management regulations means zoning chapters, subdivision regulations, building codes, health regulations, special purpose chapters (such as floodplain chapter, grading chapter and erosion control chapter) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as "regulatory floodway."

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities.

Habitat restoration activities means activities with the sole purpose of restoring habitats that have only temporary impacts and long-term benefits to habitat. Such projects cannot include ancillary structures such as a storage shed for maintenance equipment, must demonstrate that no rise in the BFE would occur as a result of the project and obtain a CLOMR and LOMR, and have obtained any other required permits (e.g., CWA Section 404 permit).

Hazardous Material. The Oregon Department of Environmental Quality defines hazardous materials to include any of the following:

1.

Hazardous waste as defined in ORS 466.005;

2.

Radioactive waste as defined in ORS 469.300, radioactive material identified by the Energy Facility Siting Council under ORS 469.605 and radioactive substances defined in ORS 453.005;

3.

Communicable disease agents as regulated by the Health Division under ORS Chapter 431 and 433.010 to 433.045 and 433.106 to 433.990;

4.

Hazardous substances designated by the United States Environmental Protection Agency (EPA) under section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended;

5.

Substances listed by the United States EPA in section 40 of the Code of Federal Regulations, Part 302 - Table 302.4 (list of Hazardous Substances and Reportable Quantities) and amendments;

6.

Material regulated as a chemical agent under ORS 465.550;

7.

Material used as a weapon of mass destruction, or biological weapon;

8.

Pesticide residue;

9.

Dry cleaning solvent as defined by ORS 465.200(9).

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Impervious surface means a surface that cannot be penetrated by water and thereby prevents infiltration and increases the amount and rate of surface water runoff, leading to erosion of stream banks, degradation of habitat, and increased sediment loads in streams. Such surfaces can accumulate large amounts of pollutants that are then "flushed" into local water bodies during storms and can also interfere with recharge of groundwater and the base flows to water bodies.

Letter of Map Change (LOMC) means an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps and Flood Insurance Studies. The following are categories of LOMCs:

1.

Conditional Letter of Map Amendment (CLOMA): A CLOMA is FEMA's comment on a proposed structure or group of structures that would, upon construction, be located on existing natural ground above the base (1 percent annual chance) flood elevation on a portion of a legally defined parcel of land that is partially inundated by the base flood.

2.

Conditional Letter of Map Revision (CLOMR): A CLOMR is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area.

3.

Conditional Letter of Map Revision based on Fill (CLOMR-F): A CLOMR-F is FEMA's comment on a proposed project that would, upon construction, result in a modification of the special flood hazard area through the placement of fill outside the existing regulatory floodway.

4.

Letter of Map Amendment (LOMA): An official amendment, by letter, to the Flood Insurance Rate Maps (FIRMs) based on technical data showing that an existing structure, parcel of land or portion of a parcel of land that is naturally high ground, (i.e., has not been elevated by fill) above the base flood, that was inadvertently included in the special flood hazard area.

5.

Letter of Map Revision (LOMR): A LOMR is FEMA's modification to an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the SFHA. The LOMR officially revises the FIRM or FBFM, and sometimes the Flood Insurance Study (FIS) report, and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or FIS report.

6.

Letter of Map Revision based on Fill (LOMR-F): A LOMR-F is FEMA's modification of the special flood hazard area shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.

7.

PMR: A PMR is FEMA's physical revision and republication of an effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS) report. PMRs are generally based on physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area.

Lowest floor means the lowest floor of the lowest enclosed area (including 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 structure in violation of the applicable non-elevation design requirements of this chapter.

Manufactured dwelling means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured dwelling" does not include a "recreational vehicle" and is synonymous with "manufactured home."

Manufactured dwelling park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured dwelling lots for rent or sale.

Mean sea level means for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

New construction means for floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the City of La Pine and includes any subsequent improvements to such structures.

Ordinary high water mark means the line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank; shelving; changes in the character of soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas.

Recreational vehicle means a vehicle which is:

1.

Built on a single chassis;

2.

400 square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway: See "Floodway."

Riparian means of, adjacent to, or living on, the bank of a river, lake, pond, or other water body.

Sheet flow area: See "Area of shallow flooding."

Silviculture means the art and science of controlling the establishment, growth, composition, health, and quality of forests and woodlands.

Special flood hazard area: See "Area of special flood hazard" for this definition.

Start of construction includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured dwelling on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured dwelling.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2.

Any alteration of a "historic structure"; provided, that the alteration will not preclude the structure's continued designation as a "historic structure."

Water dependent means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of intrinsic nature of its operations.

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Variance means a grant of relief by the City of La Pine from the terms of a floodplain management regulation.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

A.

Lands to which this chapter applies. This chapter shall apply to all special flood hazard areas within the jurisdiction of City of La Pine, which have been designated as part of the special flood hazard area overlay.

B.

Basis for establishing the special flood hazard areas. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled "The Flood Insurance Study (FIS) for Deschutes County, Oregon and Incorporated Areas," dated September 28, 2007, with accompanying Flood Insurance Rate Maps (FIRMs) Panels 41017CIND0A and 41017C0245E are hereby adopted by reference and declared to be a part of this chapter. The FIS and FIRM panels are on file at the community development department located at city hall.

C.

Coordination with State of Oregon Specialty Codes. Pursuant to the requirement established in ORS 455 that the City of La Pine administers and enforces the State of Oregon Specialty Codes, the City of La Pine does hereby acknowledge that the Oregon Specialty Codes contain certain provisions that apply to the design and construction of buildings and structures located in special flood hazard areas. Therefore, this chapter is intended to be administered and enforced in conjunction with the Oregon Specialty Codes.

D.

Compliance and penalties for noncompliance.

1.

Compliance. All development within special flood hazard areas is subject to the terms of this chapter and required to comply with its provisions and all other applicable regulations.

2.

Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a Class C violation and shall be subject to a fine of up to $500 per violation. Each violation of a separate provision of this chapter shall constitute a separate violation, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate violation. Violations of this chapter constitute a nuisance. In addition to any other remedies, the violations may be abated in accordance with the provisions of LPCO Chapter 10, Article III. Nothing contained herein shall prevent the City of La Pine from taking such other lawful action as is necessary to prevent or remedy any violation.

E.

Abrogation and severability.

1.

Abrogation. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

2.

Severability. This chapter and the various parts thereof are hereby declared to be severable. If any section, clause, sentence, or phrase of the chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter.

F.

Interpretation. In the interpretation and application of this chapter, all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the governing body; and

3.

Deemed neither to limit nor repeal any other powers granted under state statutes.

G.

Warning and disclaimer of liability.

1.

Warning. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.

2.

Disclaimer of liability. This chapter shall not create liability on the part of the City of La Pine, any officer or employee thereof, or the federal insurance administrator for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

A.

Use provisions. The land uses listed in this section identify the uses that are prohibited, permitted outright, and conditional uses in the special flood hazard area overlay zone and in areas of special flood hazard as designated in section 15.36.020, subject to the provisions of this chapter. Only land uses that are specifically listed in this section, and land uses that are approved as "similar" to those in this section, may be permitted. The land uses identified as "conditional uses" require conditional use permit approval prior to development or a change in use, in accordance with chapter 15.316. Applications for development within the special flood hazard area overlay zone shall be on an appropriate form provided by the La Pine Community Development Department, accompanied by the appropriate fee.

B.

Prohibited uses. The following uses and activities are prohibited within the special flood hazard area overlay zone or special flood hazard area, except as allowed in subsection C and D below:

1.

New dwellings on existing lots within areas of special flood hazard where 2,000 sq. ft. or more of area outside the area of special flood hazard is available for building.

2.

New construction, including accessory buildings, is prohibited.

3.

Clear cutting, scraping with motorized equipment, removal of root systems, or removal of native vegetation on stream banks.

4.

Any encroachment during construction.

5.

New impervious surfaces.

6.

Removal of native vegetation on stream banks excluding trimming of no more than approximately 25 percent of the vegetation.

7.

New clearing, grading, filling, land-disturbing activity or other "development," other than for the purpose of replacing nonnative vegetation with native vegetation, and for other restoration work that may be approved by the local administrator.

8.

Septic tanks and drain fields, dumping of any materials, hazardous or sanitary waste landfills, and receiving areas for toxic or hazardous waste or other contaminants.

9.

Subdivision and partitioning of land for residential purposes is prohibited if land is located entirely within the special flood hazard area overlay zone or area of special flood hazard. All new lots created in the special flood hazard area overlay zone or area of special flood hazard must result in a minimum of 2,000 sq. ft. of land area outside of the area of special flood hazard to serve as a building envelope.

10.

Modification of the stream channel, except for where necessary for bank stabilization and/or fish habitat enhancement projects.

11.

Developments that would result in a rise of flood heights in the FEMA regulatory floodplain.

C.

Uses permitted outright. Permitted uses below are allowed assuming fill is not added to the area of special flood hazard, and flood heights are not increased as a result of the permitted use:

1.

Open space, excluding farming activities that require ground breaking.

2.

Portions of a residential use that do not contain structures, such as lawn, garden or play areas.

3.

Existing camping facilities, providing that waste disposal sites are not within the area subject to the hazards of 100-year periodic stream flooding.

4.

Repair or remodel of an existing structure within its existing footprint, including buildings damaged by fire or other casualties.

5.

Removal of noxious weeds.

6.

Replacement of nonnative vegetation with native vegetation.

7.

Ongoing activities such as lawn and garden maintenance.

8.

Removal of hazardous trees.

9.

Normal maintenance of existing public utilities and facilities.

D.

Conditional uses permitted. Uses listed below require conditional use permit approval prior to development or a change in use, in accordance with chapter 15.316.:

1.

Crossings by transportation facilities and utility lines.

2.

Parks, trails and pervious multi-use paths.

3.

Water-dependent uses, such as fish enhancement projects.

4.

Restoration or enhancement of the stream bank, and bank stabilization projects.

5.

A new single-family dwelling elevated without placement of fill on existing lots with less than 2,000 sq. ft. of land outside the 100-year floodplain as determined by site-specific engineering, surveying, and hydrologic studies.

6.

Expansion of existing dwellings in the 100-year floodplain.

7.

Land divisions. All new lots created in the special flood hazard area overlay district must result in a minimum of 2,000 sq. ft. of land area outside of the area of special flood hazard to serve as a building envelope.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

A.

Designation of the floodplain administrator. The community development director is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions. The floodplain administrator may delegate authority to implement these provisions.

B.

Duties and responsibilities of the floodplain administrator. Duties of the floodplain administrator include, but are not limited to, the duties described in sections 15.36.080. to 15.36.140.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

The floodplain administrator shall:

A.

Review all development permits to determine that the permit requirements of this chapter have been satisfied and that all other required local, state, and federal permits have been obtained and approved;

B.

Review all development permits to determine if the proposed development is located in a floodway. If located in the floodway, assure that the floodway provisions of this chapter in section 15.36.250 are met;

C.

Review all development permits to determine if the proposed development is located in an area where Base Flood Elevation (BFE) data is available either through the Flood Insurance Study (FIS) or from another authoritative source. If BFE data is not available then ensure compliance with the provisions of section 15.36.200;

D.

Provide to building officials the Base Flood Elevation (BFE) plus 1.0' applicable to any building requiring a development permit;

E.

Review all development permit applications to determine if the proposed development qualifies as a substantial improvement as defined in section 15.36.030;

F.

Review all development permits to determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions in section 15.36.180.A; and

G.

Review all development permits to determine if the proposed development activity includes the placement of fill or excavation.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

The following information shall be obtained and maintained by the floodplain administrator and shall be made available for public inspection as needed:

A.

Obtain, record, and maintain the actual elevation (in relation to mean sea level) of the lowest floor (including basements) and all attendant utilities of all new or substantially improved structures where Base Flood Elevation (BFE) data is provided through the Flood Insurance Study (FIS), Flood Insurance Rate Map (FIRM), or obtained in accordance with section 15.36.200.

B.

Obtain and record the elevation (in relation to mean sea level) of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the requirements of sections 15.36.250. and 15.36.080.A are adhered to.

C.

Upon placement of the lowest floor of a structure (including basement) but prior to further vertical construction, obtain documentation, prepared and sealed by a professional licensed surveyor or engineer, certifying the elevation (in relation to mean sea level) of the lowest floor (including basement).

D.

Where base flood elevation data are utilized, obtain as-built certification of the elevation (in relation to mean sea level) of the lowest floor (including basement) prepared and sealed by a professional licensed surveyor or engineer, prior to the final inspection.

E.

Maintain all elevation certificates (EC) submitted to the City of La Pine.

F.

Obtain, record, and maintain the elevation (in relation to mean sea level) to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under this chapter and where Base Flood Elevation (BFE) data is provided through the FIS, FIRM, or obtained in accordance with section 15.36.200.

G.

Maintain all floodproofing certificates required under this Chapter.

H.

Record and maintain all SFHA variance actions, including justification for their issuance.

I.

Obtain and maintain all hydrologic and hydraulic analyses performed as required under section 15.36.250.

J.

Record and maintain all substantial improvement and substantial damage calculations and determinations as required under section 15.36.140.

K.

Maintain for public inspection all records pertaining to the provisions of this chapter.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

A.

Community boundary alterations. The floodplain administrator shall notify the federal insurance administrator in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area, to ensure that all flood hazard boundary maps (FHBM) and flood insurance rate maps (FIRM) accurately represent the community's boundaries. Include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority.

B.

Watercourse alterations. Notify adjacent communities, the department of land conservation and development, and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. This notification shall be provided by the applicant to the Federal Insurance Administration as a Letter of Map Revision (LOMR) along with either:

1.

A proposed maintenance plan to assure the flood carrying capacity within the altered or relocated portion of the watercourse is maintained; or

2.

Certification by a registered professional engineer that the project has been designed to retain its flood carrying capacity without periodic maintenance.

The applicant shall be required to submit a Conditional Letter of Map Revision (CLOMR) when required under section 15.36.120.C. Ensure compliance with all applicable requirements in sections 15.36.120.C and 15.36.180.A.

C.

Requirement to submit new technical data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with section 44 of the Code of Federal Regulations (CFR), sub-section 65.3. The community may require the applicant to submit such data and review fees required for compliance with this section through the applicable FEMA Letter of Map Change (LOMC) process.

The floodplain administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:

1.

Proposed floodway encroachments that increase the base flood elevation; and

2.

Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

An applicant shall notify FEMA within six months of project completion when an applicant has obtained a Conditional Letter of Map Revision (CLOMR) from FEMA. This notification to FEMA shall be provided as a Letter of Map Revision (LOMR).

The applicant shall be responsible for preparing all technical data to support CLOMR/LOMR applications and paying any processing or application fees associated with the CLOMR/LOMR.

The floodplain administrator shall be under no obligation to sign the community acknowledgement form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this code and all applicable state and federal laws.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

A.

The floodplain administrator shall conduct substantial improvement (SI) (as defined in section 15.36.030) reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with section 15.36.100. Conduct substantial damage (SD) assessments when structures are damaged due to a natural hazard event or other causes. Make SD determinations whenever structures within the special flood hazard area (as established in section 2.10.400.B) are damaged to the extent that the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

B.

The floodplain administrator shall make interpretations where needed, as to exact location of the boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76).

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

A.

Floodplain development permit required. A development permit shall be obtained before construction or development begins within any area horizontally within the special flood hazard area established in section 15.36.040.B. The development permit shall be required for all structures, including manufactured dwellings, and for all other development, as defined in section 15.36.030, including fill and other development activities.

Development proposals within the special flood hazard area overlay zone shall be reviewed under a Type II procedure. Development approval within the special flood hazard area overlay zone shall be obtained before construction or development begins within any area of special flood hazard as established by this chapter. Approval shall be required for all structures, stream bank erosion control or enhancement projects, and development.

B.

Application for development permit.

1.

Application for a development within the SFHA shall be filed on forms furnished by the Floodplain Administrator. In addition to any other required materials for the applicable application, the submittal must include plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. The following information is also required:

a.

In riverine flood zones, the proposed elevation (in relation to mean sea level), of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures; in accordance with the requirements of section 15.36.100.

b.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.

c.

Certification by a registered professional engineer or architect licensed in the State of Oregon that the floodproofing methods proposed for any nonresidential structure meet the floodproofing criteria for nonresidential structures in section 15.36.240.C.

d.

Description of the extent to which any watercourse will be altered or relocated.

e.

Base flood elevation data for subdivision proposals or other development when required per sections 15.36.080 and 15.36.190.

f.

Substantial improvement calculation for any improvement, addition, reconstruction, renovation, or rehabilitation of an existing structure.

g.

The amount and location of any fill or excavation activities proposed.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

The following standards apply to all development and land divisions within the special flood hazard area overlay zone or area of special flood hazard in the city and its urbanizable areas:

A.

In all areas of special flood hazard within the city and its urbanizable area as determined in section 15.36.010, where base flood elevation data has been provided, the following provisions apply to all new and reconstructed structures:

1.

Setbacks.

a.

The purpose of setback requirements is to not encroach upon the Little Deschutes River and to protect structures from erosion and flooding while also allowing an economic use of the land.

b.

The setback standards herein are to be used in combination with setback standards of the underlying district, with the more restrictive setbacks superseding the less restrictive setbacks.

c.

All portions of new structures shall be sited within a distance of ½ the depth of the lot, away from the area of special flood hazard, measuring from the lot line opposite of the area of special flood hazard. The depth of the lot shall be determined by averaging the side lot lines. For example, if a lot is 150 ft. deep, all new structures shall be within 75 ft. of the lot line opposite to the Little Deschutes River. Setback standards of the underlying district apply in addition to this general setback standard.

d.

Existing dwellings may be expanded, but not towards the Little Deschutes River. Existing setbacks from dwellings to Little Deschutes River shall not be decreased as a result of expansions.

e.

These setback requirements seek to decrease risks to structures from erosion and flooding. Where the literal application of the setback standards conflict with the purposes of this chapter, a major variance may be used to allow placement of new structures to achieve this chapter's purposes.

B.

Subdivision and partition proposals, for properties not entirely within the special flood hazard area overlay zone or area of special flood hazard shall have:

1.

All new lots created result in a minimum of 2,000 sq. ft. of land area outside of the special flood hazard area to serve as building envelopes.

2.

Measures to minimize flood damage.

3.

Public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

4.

Adequate drainage provided to reduce exposure to flood damage.

5.

Measures to prevent erosion and, where applicable, stream bank enhancement methods are incorporated into the subdivision design.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

The issuance of a SFHA variance is for floodplain management purposes only. Flood insurance premium rates are determined by federal statute according to actuarial risk and will not be modified by the granting of a SFHA variance.

A.

Conditions for SFHA variances.

1.

Generally, SFHA variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of subsections (A)(3) and (6) of this section. As the lot size increases beyond one-half acre, the technical justification required for issuing a SFHA variance increases.

2.

SFHA variances shall only be issued upon a determination that the SFHA variance is the minimum necessary, considering the flood hazard, to afford relief.

3.

SFHA variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.

4.

SFHA variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the SFHA variance would result in exceptional hardship to the applicant;

c.

A determination that the granting of a SFHA variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or chapters.

5.

SFHA variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation of historic structures will not preclude the structure's continued designation as a historic structure and the SFHA variance is the minimum necessary to preserve the historic character and design of the structure.

6.

SFHA variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the criteria of subsections (A)(2) through (5) of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

B.

SFHA variance notification. Any applicant to whom a SFHA variance is granted shall be given written notice that the issuance of a SFHA variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property. Such notification and a record of all SFHA variance actions, including justification for their issuance, shall be maintained in accordance with section 15.36.100.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

A.

General standards. In all special flood hazard areas, the following standards shall be adhered to:

1.

Alteration of watercourses. Require that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. Require that maintenance is provided within the altered or relocated portion of said watercourse to ensure that the flood carrying capacity is not diminished. Require compliance with sections 15.36.120.B and C.

2.

Anchoring.

a.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b.

All manufactured dwellings shall be anchored per section 15.36.240.D.

3.

Construction materials and methods.

a.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

b.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

B.

Utilities and equipment.

1.

Water supply, sanitary sewer, and on-site waste disposal systems.

a.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

b.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

c.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality.

2.

Electrical, mechanical, plumbing, and other equipment. Electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall be elevated at or above the BFE level plus 1.0 foot or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during conditions of flooding. In addition, electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall:

a.

If replaced as part of a substantial improvement shall meet all the requirements of this section.

3.

Tanks.

a.

Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood.

b.

Above-ground tanks shall be installed at or above the BFE base flood level plus 1.0 foot or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

A.

All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, shall include within such proposals, base flood elevation data.

B.

All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) shall:

1.

Be consistent with the need to minimize flood damage.

2.

Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

3.

Have adequate drainage provided to reduce exposure to flood hazards.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

A.

When base flood elevation data has not been provided in accordance with section 15.36.040.B the local floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer sections 15.36.180 through 15.36.250. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) must meet the requirements of section 15.36.190.

B.

Base flood elevations shall be determined for development proposals that are five acres or more in size or are 50 lots or more whenever there is not an established base flood elevation. Development proposals located within a riverine unnumbered A Zone shall be reasonably safe from flooding; the test of reasonableness includes use of historical data, high water marks, FEMA provided base level engineering data, and photographs of past flooding, etc., where available, but at a minimum shall be at least two feet above the adjacent grade.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

In coordination with the State of Oregon Specialty Codes:

A.

When a structure is located in multiple flood zones on the community's Flood Insurance Rate Maps (FIRM) the provisions for the more restrictive flood zone shall apply.

B.

When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area. Construction of new critical facilities shall be permissible within the SFHA only if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above the base flood elevation (BFE) or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility shall also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

These specific standards shall apply to all new construction and substantial improvements in addition to the general standards contained in section 15.36.180.A.1.

A.

Flood openings. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) are subject to the following requirements.

Enclosed areas below the base flood elevation, including crawl spaces, shall:

1.

Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters;

2.

Be used solely for parking, storage, or building access;

3.

Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria:

a.

A minimum of two openings.

b.

The total net area of non-engineered openings shall be not less than one square inch for each square foot of enclosed area, where the enclosed area is measured on the exterior of the enclosure walls.

c.

The bottom of all openings shall be no higher than one foot above grade.

d.

Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area.

e.

All additional higher standards for flood openings in the State of Oregon Residential Specialty Codes section R322.2.2 shall be complied with when applicable.

B.

Garages.

1.

Attached garages may be constructed with the garage floor slab below the Base Flood Elevation (BFE) in riverine flood zones, if the following requirements are met:

a.

If located within a floodway the proposed garage must comply with the requirements of section 15.36.250;

b.

The floors are at or above grade on not less than one side;

c.

The garage is used solely for parking, building access, and/or storage;

d.

The garage is constructed with flood openings in compliance with this section to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater;

e.

The portions of the garage constructed below the BFE are constructed with materials resistant to flood damage;

f.

The garage is constructed in compliance with the standards in section 15.36.180.A; and

g.

The garage is constructed with electrical and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

2.

Detached garages must be constructed in compliance with the standards for appurtenant structures in section 15.36.240.F or non-residential structures in section 15.36.240.C depending on the square footage of the garage.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

In addition to the general standards listed in section 15.36.180.A the following specific standards shall apply in riverine (non-coastal) special flood hazard areas with Base Flood Elevations (BFE): Zones A1-A30, AH, and AE.

A.

Before regulatory floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvement, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's Flood Insurance Rate Map (FIRM), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

B.

Residential construction.

1.

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at or above the Base Flood Elevation (BFE) plus 1.0 foot.

2.

Enclosed areas below the lowest floor shall comply with the flood opening requirements in section 15.36.230.A.

C.

Non-residential construction.

1.

New construction and substantial improvement of any non-residential structure shall:

a.

Have the lowest floor, including basement elevated at or above one foot above the Base Flood Elevation (BFE);

Or, together with attendant utility and sanitary facilities,

b.

Be floodproofed so that below the base flood elevation level the structure is watertight with walls substantially impermeable to the passage of water;

c.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

d.

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the floodplain administrator as set forth in section 15.36.230.

2.

Non-residential structures that are elevated, not floodproofed, shall comply with the standards for enclosed areas below the lowest floor in section 15.36.230.

3.

Applicants 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 floodproofed to the base flood level will be rated as one foot below that level).

4.

Applicants shall supply a maintenance plan for the entire structure to include but not limited to: exterior envelope of structure; all penetrations to the exterior of the structure; all shields, gates, barriers, or components designed to provide floodproofing protection to the structure; all seals or gaskets for shields, gates, barriers, or components; and, the location of all shields, gates, barriers, and components, as well as all associated hardware, and any materials or specialized tools necessary to seal the structure.

5.

Applicants shall supply an emergency action plan (EAP) for the installation and sealing of the structure prior to a flooding event that clearly identifies what triggers the EAP and who is responsible for enacting the EAP.

D.

Manufactured dwellings.

1.

New or substantially improved manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with section 15.36.230.A;

2.

The bottom of the longitudinal chassis frame beam shall be at or above base flood elevation;

3.

New or substantially improved manufactured dwellings shall be anchored to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques), and;

4.

Electrical crossover connections shall be a minimum of 12 inches above Base Flood Elevation (BFE).

E.

Recreational vehicles. Recreational vehicles placed on sites are required to:

1.

Be on the site for fewer than 180 consecutive days, fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

2.

Meet the requirements of subsection (D) of this section, including the anchoring and elevation requirements for manufactured dwellings.

F.

Appurtenant (accessory) structures. Relief from elevation or floodproofing requirements for residential and non-residential structures in riverine (non-coastal) flood zones may be granted for appurtenant structures that meet the following requirements:

1.

Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in section 15.36.250.

2.

Appurtenant structures must only be used for parking, access, and/or storage and shall not be used for human habitation.

3.

In compliance with State of Oregon Specialty Codes, appurtenant structures on properties that are zoned residential are limited to one-story structures less than 200 square feet, or 400 square feet if the property is greater than two acres in area and the proposed appurtenant structure will be located a minimum of 20 feet from all property lines. Appurtenant structures on properties that are zoned as non-residential are limited in size to 120 square feet.

4.

The portions of the appurtenant structure located below the base flood elevation must be built using flood resistant materials.

5.

The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.

6.

The appurtenant structure must be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in section 15.36.230.A.

7.

Appurtenant structures shall be located and constructed to have low damage potential.

8.

Appurtenant structures shall not be used to store toxic material, oil, or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed in compliance with section 15.36.180.B.3.

9.

Appurtenant structures shall be constructed with electrical, mechanical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.

G.

Below-grade crawl spaces.

1.

The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required flood openings stated in section 15.36.230.A. Because of hydrodynamic loads, crawl space construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.

2.

The crawl space is an enclosed area below the Base Flood Elevation (BFE) and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade.

3.

Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE.

4.

Any building utility systems within the crawl space must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.

5.

The interior grade of a crawl space below the BFE must not be more than two feet below the lowest adjacent exterior grade.

6.

The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.

7.

There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.

8.

The velocity of floodwaters at the site shall not exceed five feet per second for any crawl space. For velocities in excess of five feet per second, other foundation types should be used.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

Located within the special flood hazard areas established in section 2.10.400.B are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A.

Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless:

1.

Certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge; or

2.

A community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations; provided, that a Conditional Letter of Map Revision (CLOMR) is applied for and approved by the federal insurance administrator, and the requirements for such revision as established under Volume 44 of the Code of Federal Regulations, section 65.12 are fulfilled.

3.

If an encroachment proposal resulting in an increase in Base Flood Elevation meets the following criteria:

a.

Is for the purpose of fish enhancement,

b.

Does not involve the placement of any structures (as defined in section 15.36.030) within the floodway,

c.

Has a feasibility analysis completed documenting that fish enhancement will be achieved through the proposed project,

d.

Has a maintenance plan in place to ensure that the stream carrying capacity is not impacted by the fish enhancement project,

e.

Has approval by the National Marine Fisheries Service, the State of Oregon Department of Fish and Wildlife, or the equivalent federal or state agency, and

f.

Has evidence to support that no existing structures will be negatively impacted by the proposed activity;

Then an approved CLOMR may be required prior to approval of a floodplain permit.

B.

If the requirements of subsection (A) of this section are satisfied, all new construction, substantial improvements, and other development shall comply with all other applicable flood hazard reduction provisions of sections 15.36.180 through 15.36.250.

(Ord. No. 2025-04, § 6(exh. E), 3-11-2026)

The purpose of this chapter is to protect La Pine's water bodies and associated riparian areas, thereby protecting the hydrologic, ecological and land conservation functions these areas provide. This chapter is intended to protect habitat for fish, other aquatic life, and wildlife; safeguard water quality for human uses and for aquatic life; control erosion and limit sedimentation; and reduce the effects of flooding. This chapter attempts to meet these goals by excluding structures from areas adjacent to fish-bearing lakes and streams and their associated wetlands, and by prohibiting vegetation removal or other alterations in those areas.

The following words and phrases are defined for use in chapter 15.38. If a term is defined in both chapter 15.38 and chapter 15.12, the definition in chapter 15.38 shall be used if the application of the term is within the parameters of the Little Deschutes River Riparian Overlay Zone.

Fish use means inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered species under the Federal or State Endangered Species Acts. Fish use is determined from Oregon Department of Forestry Stream Classification maps.

Impervious surface means any material which reduces or prevents absorption of stormwater into previously undeveloped land.

Lawn means grass or similar materials maintained as a ground cover of less than six inches in height, and generally managed to restrict the growth of shrubs and trees that inhibit the growth of grasses and forbs. For purposes of this chapter, lawn is not considered native vegetation regardless of the species used.

Mitigation A means of compensating for impacts to a significant riparian resource including: restoration, creation, or enhancement. Some examples of riparian impact mitigation actions are replanting trees, removal of nuisance plants, and restoring streamside vegetation where it is disturbed or were it has been degraded due to past practices.

Net loss means a permanent loss of riparian functions provided by riparian structure and vegetation that results from a development action despite mitigation measures having been taken.

Off-site mitigation means mitigation undertaken on a lot or parcel adjacent to or distant from the lot or parcel affected by a development action.

On-site mitigation means mitigation undertaken within the lot or parcel affected by a development action.

Ordinary high water level shall be regarded as the two-year recurrent flood elevation.

Riparian area means the area adjacent to a river, lake, or stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem.

Riparian corridor means a goal 5 resource that includes the water areas, fish habitat, riparian areas, and adjacent wetland and upland areas that serve to protect water quality and the habitat functions of the water body.

Stream means a channel, such as a river or creek, that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding man-made irrigation and drainage channels.

Structure means a building or other major improvement that is built, constructed or installed, not including minor improvements, such as fences, utility poles, flagpoles, or irrigation system components that are not customarily regulated through this chapter.

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

1.

Before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred.

2.

For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either:

a.

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 ensure safe living conditions; or

b.

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Top of bank means a distinct break in slope between the stream bottom and the surrounding terrain which corresponds with the bankfull stage (the two-year recurrence interval flood elevation) of the stream.

The inventory of riparian corridors established by Deschutes County as goal 5 resources serves as the city's inventory. This inventory identifies the Little Deschutes River as the only fish-bearing stream within the City of La Pine. Based on the classification contained in this inventory, it shall be protected as a significant riparian resource as follows:

A.

Along the Little Deschutes River, the significant riparian resource shall extend 75 feet upland from the top of each bank except as identified in subsection B.

B.

Where the riparian corridor includes all or portions of a significant wetland as identified in the goal 5 element of the Deschutes County Comprehensive Plan, the distance to the significant riparian corridor boundary shall be measured from, and include, the upland edge of the wetland.

C.

Except as provided for in subsection B, the measurement of distance to the significant riparian corridor boundary shall be from the top of bank. In areas where the top of the bank cannot be clearly determined, the significant riparian corridor boundary shall be measured from the ordinary high water level.

The activities allowed in the LDRRA Overlay zone are summarized in Table 15.38-1.

A.

The permanent alteration of the significant riparian corridor by grading or by the placement of structures or impervious surfaces is prohibited, except for the following uses, provided they are designed to minimize intrusion into the significant riparian corridor, and no other options or locations are feasible:

1.

Streets, roads, and paths.

2.

Drainage facilities, utilities, and irrigation pumps.

3.

Water-related and water-dependent uses.

4.

Replacement of existing structures with structures in the same location that do not disturb additional surface area.

5.

Non-conforming uses existing fully or partially within the significant riparian corridor may be expanded, provided the expansion does not occur within the significant riparian corridor. Substantial improvement of a non-conforming structure in the significant riparian corridor shall comply with the standards of this chapter.

6.

Shoreline stabilization and flood control structures that legally existed on the effective date of this Development Code may be maintained. Any expansion of existing structures or development of new structures shall be evaluated by the director and appropriate state natural resource agency staff. Such alteration of the significant riparian corridor shall be approved only if less-invasive or non-structural methods will not adequately meet the stabilization or flood control needs.

B.

Removal of vegetation is prohibited, except for:

1.

Removal of non-native vegetation and replacement with native plant species. The replacement vegetation shall cover, at a minimum, the area from which vegetation was removed, and shall maintain or exceed the density of the removed vegetation.

2.

Removal of vegetation necessary for the development of approved water-related or water-dependent uses. Vegetation removal shall be kept to the minimum necessary to allow the water-dependent or water-related use.

3.

Trees in danger of falling, as determined by a certified arborist, and thereby posing a hazard to life or property may be felled, following consultation and approval from the director. The director may require these trees, once felled, to be left in place in the riparian corridor.

4.

Existing lawn within the significant riparian corridor may be maintained, but not expanded to further intrude into the resource.

C.

Exceptions. The following activities are not required to meet the standards of this section:

1.

Commercial forest practices regulated by the Oregon Forest Practices Act.

2.

Normal and accepted farming practices other than the construction of buildings, structures, or paved roads.

A.

Permanent alteration of the significant riparian corridor by placement of a structure or impervious surface not provided for under section 15.38.040 may be allowed adjacent to a significant riparian corridor as established under 15.38.030 of this chapter under the following conditions:

1.

Placement of fill, impervious services (including structures), and removal of vegetation shall be limited to the minimum amount necessary to accommodate the use. Any vegetation removed in excess of this standard shall be non-native species, and the proposal shall specify replacement of that vegetation with native species.

2.

The applicant shall provide sufficient information regarding the proposed development, the impacts to resources in the riparian corridor, and mitigation measures to allow the director, in consultation with the Oregon Department of Fish and Wildlife, to determine if the proposal will provide equal or better protection of riparian resources within the designated corridor through, provision of additional buffer along other portions of the reach, or enhancement and restoration of degraded riparian resources within the designated corridor. This information shall include at least a plot plan showing the top of bank, the extent of development within the significant riparian corridor, uses that are proposed to occur in association with the development, the extent of vegetation removal proposed, characteristics of the existing vegetation (types, density), proposed riparian enhancement or restoration measures, proposed alterations of topography or drainage patterns, and existing uses on the property.

3.

Proposals for development activities within the significant riparian corridor permitted under this section shall be subject to review by the Oregon Department of Fish and Wildlife, according to OAR 635-415, the Fish and Wildlife Habitat Mitigation Policy. Proposed alterations of the riparian corridor shall result in at least no net loss of riparian values or functions.

4.

In no case shall a structure or impervious surface intrude more than 37.5 feet into the significant riparian corridor as measured from the significant riparian area boundary established under section 15.38.030.

5.

Findings shall be provided that demonstrate that any necessary state or federal permits will be obtained.

In cases where the limitations on activities within the significant riparian corridor unduly restricts the development of a lot or parcel legally created before the effective date of this Development Code, a property owner may request a riparian variance in accordance with the application provisions in article 8.

The purpose of the downtown overlay zone is to create a pedestrian-oriented downtown area that will serve as the center of commercial and civic activity in the community and as a destination for residents and visitors. Pedestrian-oriented places provide visual interest at eye-level, feel safe and comfortable for people walking, contain a variety of activities and services, are easy to navigate on foot, and provide open areas and amenities for gathering and resting. This overlay zone modifies the regulations of the underlying base zones to ensure pedestrian-oriented land uses and design. Within the overlay, streets have been designated as either "Storefront Streets" or "Pedestrian-Friendly Streets."

A.

Storefront streets. Storefront streets prioritize the pedestrian experience. These streets provide places to walk that are not only safe and comfortable, but that also provide visually interesting and engaging experiences. This is achieved through placing buildings closer to the street, designing buildings with architectural detail, and encouraging storefront shopping.

B.

Pedestrian-friendly streets. Pedestrian-friendly streets balance the pedestrian experience with the need to accommodate a range of development types. These streets are safe and comfortable for pedestrians. Buildings are encouraged to be placed close to the street, but not required. Other standards are relaxed slightly to provide flexibility in design while maintaining a pedestrian-friendly environment.

A.

Zone boundary and street designations. The boundaries of the downtown overlay zone are depicted in Figure 15.40-1. The standards of this chapter apply to development and redevelopment on properties within this boundary. Specific standards within this chapter apply to properties abutting streets designated as storefront streets and pedestrian friendly streets, as shown on Figure 15.40-1.

Downtown Overlay Zone Map

B.

New buildings. The standards of this chapter apply to all buildings subject to site plan review that include over 200 square feet in floor area.

C.

Expansions and alterations to existing nonresidential buildings. The standards of this chapter apply to expansions and alterations to nonresidential buildings that are subject to site plan review, in accordance with chapter 15.312. The standards are applicable as follows:

1.

Expansions or additions to nonresidential buildings of over 500 square feet that are visible from a public street or public space are required to be in conformance with the standards of this chapter. The standards only apply to the expansion or addition.

2.

Expansions or additions to nonresidential buildings that front a storefront street must not increase the length of street-facing facade that does not conform to the build-to-line standard and must, to the extent feasible, reduce the area dedicated to parking and vehicular circulation between the building and the right-of-way (See Figure 15.40-2).

3.

Expansions or additions to nonresidential buildings that front a pedestrian-friendly street must, to the extent feasible, reduce the area dedicated to parking and vehicular circulation between the building and the right-of-way.

4.

Exterior alterations or remodels of existing nonresidential buildings that do not conform to the standards for ground floor windows, weather protection, and architectural design must improve compliance with these standards where possible, and at a minimum must not increase nonconformance.

D.

Expansions and alterations to parking and vehicle circulation areas. Expansions or alterations to existing parking and vehicle circulation areas must not increase non-conformity with the standard for location of parking areas (15.40.060.C.).

(Ord. No. 2025-04, § 7(exh. F), 3-11-2026)

A.

The planning commission may allow exceptions to the design standards in 15.40.060 through 15.40.090 without the need to obtain a variance pursuant to chapter 15.320. For each standard for which a design exception is sought, the applicant must demonstrate that at least one of the following circumstances is met:

1.

The physical characteristics of the site or existing structure (e.g., steep slopes, wetlands, other bodies of water, trees or other significant natural features of the site, buildings or other existing development, utility lines and easements, etc.) make compliance with the standard impractical; or

2.

The alternative design better complies with the following:

a.

The purpose of the Downtown La Pine Overlay as described in section 15.40.010; and

b.

The intent of the standard for which the exception is being sought.

B.

Requests for a downtown design exception are subject to Type III review in accordance with the procedures in article 7. The request may be considered as part of the development application.

Applicability of Build-to-Line Standard for Expansions or Additions on Storefront Streets

Uses permitted in the underlying base zone are permitted in the downtown overlay zone, except that the following uses and activities are prohibited on sites abutting a storefront street:

A.

New drive-up and drive-through uses.

B.

New auto sales and service, including fuel stations.

C.

Ground floor residential dwelling units, except for horizontal mixed use where the residential dwelling units are located behind other uses.

A.

Credit for on-street parking. The off-street parking standards of chapter 15.86 may be reduced by one parking space for every one on-street parking space located adjacent to the subject site, provided the parking spaces meet the dimensional standards of section 15.86.030.

B.

Off-site parking. To allow flexibility in the location of required parking and to encourage efficient utilization of land, required parking may be located up to 800 feet from the development. Such parking shall be designated and signed as assigned to the remote development. Confirmation of the parking assignment shall be required prior to occupancy of the development.

C.

Shared parking. Required parking facilities for two or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that the owners or operators show that the need for parking facilities does not materially overlap (e.g., uses primarily of a daytime versus nighttime nature; weekday uses versus weekend uses) or that one of the sites has an excess supply of parking. The right of joint use must be evidenced by a recorded deed, lease, contract, or similar written instrument establishing the joint use. Shared parking requests shall be subject to review and approval through a Type II application.

Table 15.40-1 provides an overview of the design standards that apply within the downtown overlay zone. See the referenced section of this chapter for specific regulations.

A.

Intent. The intent of the setback standards is to help ensure that buildings are placed close to the sidewalk to create both visual interest and a sense of enclosure or "an outdoor room." Buildings set back from the street with parking next to the sidewalk are less interesting and less comfortable for pedestrians. These standards apply to the primary building(s) on a site (e.g., not to accessory structures).

B.

Front setbacks. No minimum front setback standards apply to developments in the downtown overlay zone.

C.

Location of parking areas. No vehicle parking or circulation areas are permitted between the front of the building and a storefront street or a pedestrian-friendly street (see Figure 15.40-3). If the development site has a frontage on both types of streets, then this standard only applies to the frontage on the storefront street. If the development site has frontage on more than one storefront street, then this standard shall only apply to one storefront street.

D.

Build-to-line standard. Development sites abutting a storefront street must conform to a build-to-line standard (see Figure 15.40-4). The purpose of this standard is to promote a continuous building frontage that creates visual interest and a sense of enclosure on the street. The standard is met when at least 75 percent of the width of the building is located within five feet of the front lot line that faces a storefront street. If the development site has frontage on more than one storefront street, then this standard shall only apply to one storefront street. The city planning official may waive this requirement where it finds that one of the following conditions is met:

1.

The applicant proposes extending an adjacent sidewalk or plaza for public use, or some other pedestrian amenity is proposed to be placed between the building and public right-of-way.

2.

A significant tree or other environmental feature precludes strict adherence to the standard and will be retained and incorporated in the design of the project.

3.

A public utility easement or similar restricting legal condition that is outside the applicant's control makes conformance with the build-to line impossible. In this case, the building shall instead be placed as close to the street as possible given the legal constraint, and pedestrian amenities (e.g., plaza, courtyard, landscaping, outdoor seating area, etc.) shall be provided within the street setback.

No Parking between the Primary Building and a Pedestrian-Friendly or Storefront Streets

Building Setback Standards on Storefront Streets

A.

Intent. These provisions ensure that all entrances to a primary building are visible and connected to the sidewalk by a pedestrian walkway. These features are important when the building is accessed by a pedestrian from the street (rather than from the parking lot). These standards apply to the primary building(s) on a site (e.g., not to accessory structures).

B.

Required walkway. All primary entrances to a building (e.g., tenant entrance, lobby entrance, breezeway entrance, or courtyard entrance) must be connected to the sidewalk by a direct and continuous walkway.

C.

Entry design. The primary building entrances must be architecturally emphasized through the use of one or more of the following features: recessed doorway(s); overhangs or canopies; transom windows; ornamental light fixtures; larger, transparent or more prominent doors; or pilasters or columns that frame the principal doorway.

D.

Entry orientation. All buildings must have at least one primary entrance facing that street (i.e., within 45 degrees of the street property line). For multi-tenanted nonresidential buildings, buildings with multiple entrances, or buildings with multiple frontages, only one primary entrance must comply with this standard. For multi-tenanted residential buildings on storefront streets, all residential units on the ground floor must have a private exterior entrance.

A.

Intent. Window area or "glazing" requirements ensure that building facades will be composed of windows that provide views of activity, people, and merchandise, creating an interesting pedestrian experience. The weather protection standards are intended to create a more comfortable experience for pedestrians on the sidewalk by providing protection from sun and rain. This standard is limited to storefront streets, where buildings are required to directly front the sidewalk and pedestrian comfort is a high priority. These standards apply to the primary building(s) on a site (e.g., not to accessory structures).

B.

Window requirements.

1.

Minimum window area required for nonresidential buildings.

a.

Building facades facing a pedestrian-friendly street must have windows, display areas, or glass doorways for at least 40 percent of the area of the ground level wall area (see Figure 15.40-5).

b.

Building facades facing a storefront street must have windows, display areas, or glass doorways for at least 60 percent of the area of the ground level wall area (see Figure 15.40-5).

c.

The ground level wall area is the wall area above 30 inches and below 108 inches, as measured from finished grade.

2.

Minimum window area required for residential buildings. Building facades that face a public street must have windows or glass doorways for at least 15 percent of the area of the entire facade.

3.

Transparency. All ground floor windows shall have a visible transmittance of 60 percent or higher.

C.

Weather protection. On building facades facing a storefront street, weather protection for pedestrians must be provided along at least 75 percent of the facade. Weather protection may be an awning, canopy, arcade, colonnade, recessed entry, or some combination of these elements. Where provided, weather protection shall meet the following standards:

a.

Be constructed of glass, metal, or a combination of these materials;

b.

Project at least five feet from the building facade;

c.

Have at least ten feet clearance above the sidewalk;

d.

Match the width of the storefront or the window opening(s); and

e.

Not obscure any existing or proposed transom windows.

Graphic Illustration of Window Area Standards

A.

Intent. The facade articulation standards in subsection B work together to help ensure that building facades that have variation and depth in the plane of the building in order to create a more interesting and welcoming environment to pedestrians. The screening standard in subsection C ensures that mechanical equipment is screened or otherwise minimized so that it does not detract from the pedestrian environment. The materials and Cascadian Style standards in subsections D and E are intended to create a distinct brand or identity for Downtown La Pine.

B.

Articulation. All building exterior walls greater than 100 feet in length that orient to a street or public space must have breaks in the wall plane (articulation) of not less than one break for every 40 feet of building length or width, as applicable, as follows:

1.

A "break" is a feature or variation in the wall plane that projects or recedes at least six inches for a length of at least two feet. Breaks may include, but are not limited to, an offset, recess, window reveal, pilaster, frieze, pediment, cornice, parapet, gable, dormer, eave, coursing, canopy, awning, column, building base, balcony, permanent awning or canopy, marquee, or similar architectural feature.

2.

Changes in paint color and features that are not designed as permanent architectural elements, such as display cabinets, window boxes, retractable and similar mounted awnings or canopies, and other similar features, do not meet the break-in-wall-plane standard.

C.

Screening of mechanical equipment.

1.

Building walls. Where mechanical equipment, such as utility vaults, air compressors, generators, antennae, satellite dishes, or similar equipment, is permitted on a building wall that abuts a public right-of-way or civic space, it shall be screened from view from the right-of-way or civic space. Standpipes, meters, vaults, and similar equipment need not be screened but shall not be placed on a front elevation when other feasible alternatives exist; such equipment shall be placed on a side or rear elevation where feasible.

2.

Rooftops. Except as provided below, rooftop mechanical units shall be setback or screened behind a parapet wall so that they are not visible from any public right-of-way or civic space. Where such placement and screening is not feasible, the decision authority may approve painting of mechanical units in lieu of screening; such painting may consist of muted, earth-tone colors that make the equipment visually subordinate to the building and adjacent buildings, if any.

3.

Ground-mounted mechanical equipment. Ground-mounted equipment, such as generators, air compressors, trash compactors, and similar equipment, shall be limited to side or rear yards and screened with fences or walls constructed of materials similar to those on adjacent buildings. Hedges, trellises, and similar plantings may also be used as screens where there is adequate air circulation and sunlight, and irrigation is provided. The city may require additional setbacks and noise dampening equipment for compatibility with adjacent uses.

D.

Materials. Building materials must be consistent with the Cascadian Style.

1.

Primary materials. A primary material is the predominant building material that covers a minimum of 60 percent of the building's exterior walls. Acceptable primary materials are identified in Table 15.40-2.

2.

Secondary materials. A secondary material is not the predominant building material. Multiple secondary materials may be utilized. Any one secondary material shall not cover more than 40 percent of the building's exterior walls. Acceptable secondary materials are identified in Table 15.40-2.

3.

Base materials. The building base shall be defined as the lower portion of a wall just above where it meets ground, to 24 inches above grade. Base materials are identified in Table 15.40-2. Use of these materials shall be limited to the building base unless the material is also identified as an acceptable primary or secondary material. If the base material is identical to material used on the portion of the wall directly above the base, then a change in material color, texture, or a horizontal band must be used to differentiate the base.

E.

Cascadian architectural elements. Building exterior walls facing a public street shall incorporate at least three of the following features. Using these features may also help meet other Development Code requirements, such as those related to building articulation or weather protection:

1.

Exposed, heavy timbers;

2.

Exposed natural wood color beams, posts, brackets and/or trim (e.g., eaves or trim around windows);

3.

Natural wood color shingles used as siding or to accent gable ends (or similar usage);

4.

Metal canopies;

5.

Heavy metal brackets (e.g., cast iron or similar appearance), which may be structural brackets or applied as cosmetic detailing;

6.

Pitched roof over more than 50 percent of the building (roof pitch must have a rise/span ratio of at least 4/12) which is constructed of either metal painted a muted earthtone or other fire resistant material (e.g., no wood shingle roofs are permitted); and

7.

Other similar features.

(Ord. No. 2025-04, § 7(exh. F), 3-11-2026)