Chapter 18.46


18.46.010    Purpose and intent.

18.46.020    Where permitted.

18.46.030    Public review and application procedures.

18.46.040    Permitted uses.

18.46.050    Yard and height regulations.

18.46.060    Area requirements.

18.46.070    Development standards.

18.46.080    Performance standards.

18.46.010 Purpose and intent.

The purpose of the R-O recreational overlay district is to provide for the continuance of public and private parks and other outdoor recreational facilities in order to encourage the development of additional active recreational facilities in Douglas County, and to maintain adequate buffers between recreational developments and surrounding land uses. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.46.020 Where permitted.

The R-O district is permitted where approved prior to October 28, 2008. All new proposals and proposals to amend previously approved R-O districts shall be processed in accordance with DCC Chapter 18.80, Conditional Uses. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.46.030 Public review and application procedures.

The request for authorization and development of an R-O district shall be processed in the following manner:

A.    Applications for the establishment, expansion or amendment of an R-O district shall be processed in accordance with the provisions for quasi-judicial review in DCC Section 14.10.040. Approval of an application shall be based on a specific site design authorizing only the specific development proposed, unless amended.

B.    Subsequent project phases, development actions and/or permits, such as divisions of land, building permits, or shoreline substantial development permits, shall be processed in accordance to the application classification of DCC Chapter 14.10, the approved R-O district and applicable development regulations of the DCC existing at the time of application. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 01-01-04B Exh. B (part); Ord. TLS 97-10-71B Exh. F (part))

18.46.040 Permitted uses.

Uses permitted in the R-O district are public and private outdoor recreational land uses, such as:

A.    Water-dependent facilities, including but not limited to boat launches, fishing access points, marinas, public docks and parks;

B.    Public and private parks outside of an urban growth area;

C.    Golf courses;

D.    Ball fields and courts;

E.    Shooting ranges;

F.    Recreational vehicle parks and campgrounds, subject to the criteria enumerated in DCC Section 18.80.230;

G.    Outdoor commercial facilities and activities charging an admission fee for participants or spectators, such as motorized vehicle race tracks or horse racing;

H.    Outdoor music festivals;

I.    Outdoor events or festivals for group camps, sports rallies, and club organizations;

J.    Recreational trail systems; and

K.    Other similar uses. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.46.050 Yard and height regulations.

Yard, setback and height regulations in the R-O district are the same as those in the underlying zoning designation; except that any buffering required through the site approval process may exceed the fence height restrictions enumerated in DCC Chapter 18.16. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.46.060 Area requirements.

The minimum size for the establishment of an R-O district is five acres or more. All proposed recreational development shall comply with the provisions of this chapter and the DCC. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.46.070 Development standards.

The review of an application shall be based on the potential impacts of a proposed development on surrounding properties, the environment, resource lands, critical areas and the orderly development of the county. The following standards shall be applied at an appropriate level in order to protect public health, safety and welfare:

A.    Buffering shall be required in a form adequate to provide site screening, noise attenuation, safety separation and reduction of light and glare. Acceptable methods of buffering include undulated berms, planting, sight-obscuring fencing, security fencing or any combination thereof. At least two buffering methods shall be used to off-set impacts to surrounding properties for high intensity uses. Buffer and landscaping shall meet the minimum provisions as set forth in DCC Chapter 20.40.

B.    Any outdoor lighting shall be directed towards the site and/or shielded in accordance with DCC Chapter 18.16.

C.    Adequate off-street parking shall be provided for the expected average use and off-street accommodations shall be made for expected peak use. The number of parking spaces required shall be based on the level of public demand and the number of public seating areas proposed. Parking and loading standards shall be in compliance with the minimum standards set forth in DCC Chapter 20.42.

D.    Access to the site shall be provided from a state highway or an arterial road. Any access drives shall be constructed in a manner to safely carry the expected traffic flow. Provisions shall be made to limit access to the site to a maximum of two points, unless additional access points are deemed necessary in order to protect the public health, safety and welfare. Specific design requirements for width and type of surface shall be determined by the review authority pursuant to DCC Chapter 18.16 and the DCC.

E.    Provisions shall be made for refuse disposal by a licensed commercial hauler approved by the Douglas County department of solid waste. All outdoor trash, garbage and refuse storage areas shall be screened from all sides from public view and be designed of such materials which are compatible with the overall architectural theme of the associated structure or use.

F.    All signs used in conjunction with the proposed use shall meet the minimum provisions of DCC Chapter 20.44.

G.    Provisions shall be made for fire safety. All development activity shall meet the minimum provisions for fire suppression pursuant to DCC Title 15 and as approved by the fire marshal. No permit shall be issued until the applicant has shown that the fire chief of the fire protection district or as contracted with the nearest fire district in which the use is to be located has approved fire protection devices and equipment to be available during the use.

H.    An analysis shall be conducted by the applicant for emergency assistance which may include fire, law enforcement, and medical services. The analysis shall include conformation that the minimum local and state codes and regulations have been met including Chapter 248-73 WAC when applicable. Any additional costs of providing such services shall be the applicant’s expense.

I.    Adequate provisions shall be made for sanitary sewer, domestic water for public use, irrigation water for landscape maintenance, and/or other health and safety related concerns as deemed necessary.

J.    No sound-amplifying device or speaker emitting loud and raucous noise shall be operated closer than two thousand five hundred feet from any school, church or residence, unless the governing body and/or owner of each such use has agreed in writing to waive this prohibition. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.46.080 Performance standards.

A.    General Character. Development within the R-O district shall be designed with an interior road network, perimeter landscaping or buffering mechanisms.

B.    Buffering. When a use, lot, or parcel is situated within the R-O district and adjoins an agricultural district, all uses, including the storage of materials, shall be set back a minimum of one hundred feet from the property line. Buildings, structures and/or uses may be set back a minimum of sixty feet from the property line, provided the applicant submits an enhanced alternative buffering method for approval by the review authority.

C.    Resource/Critical Areas. It shall be the responsibility of the operator and/or proprietor of any permitted use to provide, analyze and make adequate provisions for the protection of groundwater, wetlands, sensitive wildlife species, resource lands, and other critical areas in accordance with DCC Title 19. Development located within the above areas shall be evaluated for impacts and may be limited in intensity, location and/or prohibited if found to measurably degrade the integrity of the resource or critical areas.

D.    Development within the R-O district shall not disseminate dust, smoke, fumes, or obnoxious odors nor degrade air quality.

E.    No use in this district shall exceed the maximum environmental noise level established by DCC Chapter 8.04 or Chapter 173-60 WAC.

F.    The review authority may require a bond, cash deposit or other form of financial assurance pursuant to DCC Chapter 14.90. Financial assurance may be required for the duration of the activity on an annual basis prior to the scheduled use. Financial surety shall be provided:

1.    As an indemnity to protect and repair roads, pavements, bridges, road signs, and other public property from any and all damage that may be caused by vehicles, employees or participants in the uses proposed;

2.    To restore the ground where the use is held on county land or other properties;

3.    To pay the cost of employment of such county personnel as may be made necessary by the failure to preclude acts which violate this chapter or any county or state law;

4.    Other purposes as determined by the review authority.

G.    The review authority may require that the applicant(s) have personal injury liability insurance in a form and an amount acceptable to the prosecuting attorney. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))