1995-01133-Ordinance No. 94-053 Recorded 12/8/1994REVIEW
95-01133 ---�- couNSE_ �__-___
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18 of the
Deschutes County Code Chapters 18.04, * w
N
18,32, 18.64, 18.68, 18.88, and 18.128
replacing "Animal Hospital" with "Veterinary
Clinic" and adding "Veterinary Clinic" as a '
Conditional Use in the RSR -M and RSR -5t
zones; and declaring an emergency.
ORDINANCE NO. 94-053 0137-1675
WHEREAS, an application for a text amendment has been submitted by Steven Myrin
and Richard Hoffman;
WHEREAS, The Board of County Commissioners has determined that veterinary clinics
are an appropriate conditional use in the RSR -M zone;
WHEREAS, after notice and hearing as required by law, the Board of County
Commissioners has considered the recommendation of the Planning Commission; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON ORDAINS as follows:
Section 1. ADOPTION OF AMENDMENTS TO PARAGRAPH 18.04.030 OF THE
DESCHUTES COUNTY CODE. Paragraph 18.04.030 of the Deschutes County Code, as amended,
is further amended as follows herein, and as shown on Exhibit "A" attached:
"18.04.030 Definitions.
[Animal Hospital. A place where animals or pets are given medical attention and cared
for during the time of such treatment.]
Veterinary Clinic. A place where animals or pets are given medical attention and cared
for during the time of such treatment."
Section 2. ADOPTION OF AMENDMENTS TO PARAGRAPH 18.32.030 OF THE
DESCHUTES COUNTY CODE. Paragraph 18.32.030 of the Deschutes County Code, as amended,
is further amended as follows herein, and as shown on Exhibit "B" attached:
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1 - ORDINANCE NO. 94-053 (November 30, 1994) �A
0137-1676
"18.32.030 Conditional Uses Permitted.
E. Kennel and/or [animal hospital] veterinary clinic."
Section 3. ADOPTION OF AMENDMENT TO PARAGRAPH 18.64.030 OF THE
DESCHUTES COUNTY CODE. Paragraph 18.64.030 of the Deschutes County Code, as amended,
is further amended as follows herein, and as shown on Exhibit "C" attached:
"18.64.030 Conditional Uses Permitted.
E. Kennel or [animal hospital] veterinary clinic."
Section 4. ADOPTION OF AMENDMENT TO PARAGRAPH 18.68.030 OF THE
DESCHUTES COUNTY CODE. Paragraph 18.68.030 of the Deschutes County Code, as amended,
is further amended as follows herein, and as shown on Exhibit "D" attached:
"18.68.030 Conditional Uses Permitted.
D. Medical clinic[s] or veterinary clinic."
Section 5. ADOPTION OF AMENDMENT TO PARAGRAPH 18.88.040 OF THE
DESCHUTES COUNTY CODE. Paragraph 18.88.040 of the Deschutes County Code, as amended,
is further amended as follows herein, and as shown on Exhibit "E" attached:
"18.88.040 Uses Permitted Conditionally.
B.9. [Animal hospital] veterinary clinic."
Section 6. ADOPTION OF AMENDMENTS TO PARAGRAPH 18.128.040 OF THE
DESCHUTES COUNTY CODE. Paragraph 18.128.040 of the Deschutes County Code as amended,
is further amended as follows herein, and as shown on Exhibit "F" attached:
"18.128.040 Specific Use Standards.
C. Cemeter[iesly.
E. [Clinics] Medical clinic, veterinary clinic, Club [s], Lodge [s], Fraternal Organization[s],
Community Center[s], Grange Hall[s], Golf Course[s], Horse Stable[s], and Horse Events requiring
conditional uses, Grounds and Buildings for Games or Sports, Country Club[s].
E.c. noises [and] glare, odor and other adverse impacts."
2 - ORDINANCE NO. 94-053 (November 30, 1994)
0137-1611
Section 7. ADDITIONS AND DELETIONS. Additions are set forth in bold faced type
and deletions are bracketed.
Section 8. SEVERABILITY. The provisions of this ordinance are severable. If any
section, sentence, clause, or phrase of this ordinance or any exhibit thereto is adjudged to be invalid
by a court of competent jurisdiction that decision shall not affect the validity of the remaining
portions of this ordinance or exhibit thereto.
Section 9. CODIFICATION. County Legal Counsel shall have the authority to format
the provisions contained herein in a manner that will integrate them into the County Code consistent
with the County Legal Counsel form and style for ordinance codification. Such codification shall
include the authority to make format changes, to make changes in numbering systems and to make
such numbering changes consistent with interrelated code section. In addition, as part of codification
of these ordinances, County Legal Counsel may insert appropriate legislative history reference. Any
legislative history references included herein are not adopted as part of the substance of this
ordinance, but are included for administrative convenience and as a reference. They may be
changed to correct errors and to conform to proper style without action of the Board of County
Commissioners.
Section 10. EMERGENCY. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency is declared to exist, and this
Ordinance takes effect on its passage.
DATED this 7 day of L��Gyc1-994.
BOARD OF COUNTY COMMISSIONERS
O DESCHUTES COU TY, OREGON
1
Cr)
NANCY P PE JCHIANGEN, Cha r
TOM THROOP, Com . sioner
T:
Recording Secretary BARRY H. 9LAUGHTER, Commissioner
3 - ORDINANCE NO. 94-053 (November 30, 1994)
01.37_161118
NOTE: Additions are in bold and underlined; and deletions are bracketed [ J.
Chapter 18.04
TITLE, PURPOSE AND
DEFINITIONS
Sections:
18.04.010 Title .
18.04.020 Purpose
18.04.030 Definitions
18.04.010 Title.
This title shall be known as the Deschutes
County Zoning Ordinance of 1979.
18.04.020 Purpose.
A. The intent or purpose of this title is
to promote the public health, safety and
general welfare and to carry out the
Deschutes County Comprehensive Plan, the
provisions of ORS Chapter 215 and the
Statewide Planning Goals adopted pursuant to
ORS Chapter 197. This title is to establish
zoning districts and regulations governing the
development and use of land within portions
of Deschutes County, Oregon;
B. To provide regulations governing
nonconforming uses and structures; to
establish and provide for the collection of
fees; to provide for the administration of this
title and for the officials whose duty it shall be
to enforce the provisions thereof; to provide
penalties for the violations of this title; and to
provide for resolution of conflicts; (Ord. 91-
020 § 1, 1991)
C. To regulate the placement, height and
bulk of buildings; and the placement and
growth of vegetation within the county to
ensure access to solar energy by reasonably
regulating interests in property within the
county, as authorized under ORS 215.044 and
ORS 105.880 through 105.890, to promote and
maximize the conservation of energy by
preserving the option to utilize solar energy
and to implement the Comprehensive Plan
polices relating to solar energy; and
D. To encourage the design of new
buildings, structures and developments which
use solar energy and protect future options to
use solar energy by protecting solar access.
(Ord. 83-037 § 1, 1983)
18.04.030 Definitions.
As used in this title, the following words and
phrases shall mean:
Accepted Farming Practice. A mode of
operation common_ to farms and ranches of a
similar nature, necessary for the operation of
such farms and ranches with the intent to
obtain a profit in money, and customarily
utilized in conjunction with farm use.
Access. The right to cross between public
and private property allowing pedestrians and
vehicles to enter and leave property.
Accessory Use or Accessory Structure. A
use or structure incidental and subordinate to
the main use of the property, and located on
the same lot as the main use. Accessory uses
include drilling for, and utilization of, low-
temperature geothermal fluid in conjunction
with the main use of the property. (Ord. 85-
002 § 1, 1985)
Adjoining. Contiguous; touching or con-
nected, including tracts of land that only
connect or touch at a common point. (Ord.
91-020 § 1, 1991)
Affected Persons. (Deleted by Ord. 91-038
§ 4, 1991)
Agricultural Land. Lands classified by the
U. S. Soil Conservation Service (SCS) as
predominately Class I -VI soils, and other
lands in different soil classes which are suit-
able for farm use, taking into consideration
soil fertility, suitability for grazing and crop-
ping, climatic conditions, existing and future
availability of water for farm irrigation pur-
poses, existing land use patterns, technological
and energy inputs required, and accepted
farming practices. Lands in other classes
which are necessary to permit farm practices
to be undertaken on adjacent or nearby lands
shall be included as agricultural lands in any
event.
Chapter 18.04 (11/30/94) 1 (06/08/94)
Agricultural Structure. Agricultural struc-
tures include any structure considered to be
an agricultural structure under the building
code. (Ord. 92-034 § 1, 1992)
Agricultural Use. Any use of land, whether
for profit or not, related to raising, harvesting
and selling crops or by the feeding, breeding,
management and sale of, or the produce of,
livestock, poultry, fur -bearing animals or
honeybees or for dairying and the sale of dairy
products or any other agricultural or
horticultural use or animal husbandry or any
combination thereof not specifically covered
elsewhere in the applicable zone. Agricultural
use includes the preparation and storage of
the products raised on such land for human
and animal use and disposal by marketing or
otherwise. Agricultural use also includes the
propagation, cultivation, maintenance and
harvesting of aquatic species. Agricultural use
does not include the use of land subject to the
provisions of ORS Chapter 321, except land
used exclusively for growing cultured
Christmas trees. (Ord. 94-008 § 2, 1994)
Aircraft. Any vehicle designed or used for
flight through the air and capable of carrying
goods or people.
Airport. Any area of land or water which is
used or intended to be used by the general
public for the landing and taking off of air-
craft and any appurtenant areas, buildings or
facilities.
[Animal Hospital. A place where animals or
pets are given medical attention and cared for
during the time of such treatment.]
Apartment. See Dwelling, multiple -family.
Area of Shallow Flooding. (Deleted by Ord.
93-002 § 1, 1993)
Area of Special Flood Hazard. The land in
the flood plain within a community subject to
a one percent or greater chance of flooding in
any given year. Such areas are designated by
the letter A or V on the Flood Insurance Rate
Map (FIRM). (Ord. 88-030 § 3, 1988)
Automobile Wrecking Yard. A premises
used for the storage or sale of used auto-
mobile or truck parts or for the storage,
dismantling or abandonment of obsolete
0137-1679
automobiles, trailers, trucks, machinery or
parts thereof.
Automobile Service Station. A building or
portion thereof or land used for the retail sale
of automobile fuel, oil and accessories and
service.
Automobile Repair Garage. A building or
portion thereof used for the care and repair of
motor vehicles or where such vehicles are
parked or stored for compensation, hire or
sale.
Automobile and Trailer Sales Area. An
open area, other than a street, for the display,
sale or rental of new or used automobiles or
trailers and where no repair work is done
except minor incidental repair of automobiles
or trailers to be displayed, sold or rented on
the premises.
Auxiliary. As used in Chapters 18.36 and
18.40, "auxiliary" means a use or alteration of
a structure or land which provides help or is
directly associated with the conduct of a
particular forest practice. An auxiliary struc-
ture is located on a site, temporary in nature,
and is not designed to remain for the forest's
entire growth cycle from planting to harvest-
ing. An auxiliary use is removed when a
particular forest practice has concluded.
(Ord. 92-025 § 1, Exhibit A, 1992)
Bank -Full Stage. The elevation at which
water overflows the natural banks of a stream,
river or lake and begins to inundate the
upland. In the absence of physical evidence,
the two-year reoccurrence interval flood
elevation may be used to approximate bank -
full stage. (Ord. 86-056 § 2, 1986)
Basement. A story partly or wholly under-
ground. A basement shall be counted as a
story in building height measurement when
the floor level directly above is more than six
feet above the average level of the adjoining
grade.
Bed and Breakfast Inn. A single-family
dwelling unit where lodging and meals are
provided for compensation, in which no more
than three (3) guest rooms are provided for
no more than eight (8) guests. A guest shall
not rent for a time period longer than thirty
Chapter 18.04 (11/30/94) 2 (06/08/94)
(30) consecutive days. (Ord. 91-038 § 3, 1991)
Bed or Banks of Stream or River. The
physical container of the waters of a stream or
river lying below bank -full stage and the land
10 feet on either side of the container. (Ord.
86-056 § 2, 1986)
Bicycle. A vehicle designed to operate on
the ground on wheels, propelled solely by
human power, upon which any person or
persons may ride, and with every wheel more
than 14 inches in diameter or two tandem
wheels either of which is more than 14 inches
in diameter or having three wheels in contact
with the ground, any of which is more than 14
inches in diameter. (Ord. 93-005 §1, 1993)
Bicycle Facilities. A general term denoting
improvements and provisions made to
accommodate or encourage bicycling,
including parking facilities, all bikeways and
shared roadways not specifically designated for
bicycle use. (ord. 93-005 § 1, 1993)
Bikeway. Any road, path or way which in
some manner is specifically designated as
being open to bicycle travel, regardless of
whether such facility is designated for the
exclusive use of bicycles or is shared with
other transportation modes. (Ord. 93-005 § 1,
1993)
Bicycle commuter facilities. Shower(s) and
changing room(s) provided in pommercial and
public buildings employing at least 25 people.
Such facilities may be part of regular
bathroom facilities. (Ord. 93-005 § 1, 1993)
Boarding House. A building or portion
thereof, other than a motel, restaurant or
hotel, where meals or lodging or both are
provided for compensation for more than four
persons, other than a family.
Boat Dock or Pier, Community. A personal
use boating structure that is built over or
floats upon the water of a lake, river or
stream, that serves more than one property
owner for the mooring of boats or as a
landing place for marine transport, and that
has a surface area of 320 square feet or less.
(Ord. 89-009 § 2, 1989)
Boat Dock or Pier, Individual. A personal
use boating structure that is built over or
013"7-1680
floats upon the water of a lake, river or
stream and that serves one property owner for
mooring boats or as a landing place for
marine transport, and that has a surface area
of 160 square feet or less. (Ord. 89-009 § 2,
1989)
Boat House. A covered or enclosed struc-
ture designed to provide moorage and/or
storage for recreational or commercial marine
transport and built over or floating upon a
lake, river or stream. (Ord. 89-009 § 2, 1989)
Boat Slip. An area of bank or shore where
soil or other material is excavated to a level at
or below the level of the waters of an adjacent
lake, river or stream, to allow the mooring or
landing of marine transport within the exca-
vated area. (Ord. 89-009 § 2, 1989)
Building. A structure built for the support,
shelter or enclosure of persons, animals,
chattels or property of any kind.
Camp, Tourist or Trailer Park. (Deleted by
Ord. 91-038 § 4, 1991)
Campground. ound. An area designed for over-
night, temporary use where facilities are
provided to accommodate camping for two or
more tents or recreational vehicles. A camp-
ground shall not include campsite utility hook-
ups or commercial activities. (Ord. 91-038 §
3, 1991)
Camping Vehicles. (Deleted by Ord. 91-038
§ 4, 1991)
Carrying Capacity. Level of use which can
be accommodated and continued without
irreversible impairment of natural resource
productivity, the ecosystem and the quality of
air, land and water resources.
Church. An institution that has non-profit
status as a church established with the
Internal Revenue Service. (Ord. 91-038 § 3,
1991)
Clear Vision Area. A triangular area on the
corner of a lot at the intersection of two
streets or a street and a railroad. Two sides
of the triangle are sections of the lot lines
adjoining the street or railroad measured from
the corner to a distance specified in Section
18.116.020(B) of this title. Where lot lines
have rounded corners, the specified distance is
Chapter 18.04 (11/30/94) 3 (06/08/94)
measured from a point determined by the
extension of the lot lines to a point of inter-
section. The third side of the triangle is the
line connecting the ends of the measured
sections of the street lot lines. (Ord. 91-038 §
3, 1991)
Cluster Development. A planned develop-
ment, at least 5 acres in area, permitting the
clustering of single or multi -family residences
on one part of the property, with individual
lots not exceeding 2 acres in size. Individual
lots are contiguous to one another except for
occasional corridors to allow for human
passage, wildlife travel or natural features
such as a stream or bluff. No commercial or
industrial uses permitted. (Ord. 84-015 § 1,
1984)
Commercial Agricultural Enterprise. Farm
operations which will:
A. Contribute in a substantial way to the
area's existing agricultural economy; and
B. Help maintain agricultural processors
and established farm markets.
When determining whether a farm is part of
a commercial agricultural enterprise, not only
what is produced, but how much and how it is
marketed shall be considered. (Ord. 91-038 §
3, 1991)
Commercial Amusement Establishment. A
facility supplying refreshments and various
forms of entertainment to the general public.
Commercial Farm. As used in Chapter
18.16, "Commercial farm" means those land
tracts shown on the 1991 Assessor's records as
contiguous ownership tracts under one name
(or separated only by a road), zoned EFU,
receiving special assessment for farm use and
in the top 90% of assessed farm use values
(arranged in ascending order). These farms
are identified in the resource element of the
comprehensive plan. (Ord. 92-065 § 1, 1992)
Commercial Forest Land. Land which is
used for the growing and harvesting of forest
tree species. (Ord. 92-025 § 1, Exhibit A,
1992)
Commercial Residential Use. A building,
portion of a building or group of buildings
designed or used for human occupancy or
0137-1681
lodging for which a fee is charged, such as a
hotel, motel or tourist camp, but excluding
quarters intended for permanent occupancy
such as a duplex or apartment. A
manufactured home park is not included in
this definition.
Community Service Use. Any public or
semi-public uses, such as landfills, schools,
utility facilities, churches, community build-
ings, fire stations, cemeteries, mausoleums,
crematories, airports and private uses which
attract significant numbers of people, such as
airports, livestock sales yards and other similar
uses. (Ord. 85-016 § 1, 1985)
Community Water System. A domestic
water supply source or distribution system
which serves or is designed to serve more than
three individual residences or other uses for
the purpose of supplying water for household
uses, having legal and financial capacity for
long-term operation and maintenance. Does
not include municipality water supply systems.
Community Sewage System. A sewage
disposal system serving or designed to serve
more than ten individual residences or other
uses for the purpose of disposing of household
liquid wastes, having legal and financial
capacity for long-term operation and mainte-
nance. Does not include municipal or public
utility sewage disposal system.
Conditional Use. A use that may be per-
mitted, permitted with conditions or denied at
the discretion of the hearings body based
upon findings of fact as required by this title,
the County Uniform Development Procedures
Code and the Comprehensive Plan. (Ord. 91-
038 § 1, 1991; Ord. 86-032 § 1, 1986)
Condominium. A type of ownership defined
by state statute as the land, if any, whether
leasehold or in fee simple, and whether
contiguous or not contiguous; any buildings,
improvements and structures on the property;
and any easements, rights and appurtenances
belonging to the property which are submitted
to the provisions of ORS 100.050 to 100.625.
(Ord. 91-038 § 3, 1991)
Conduit. Any tunnel, canal, pipeline, aque-
duct, flume, ditch or similar man-made struc-
Chapter 18.04 (11/30/94) 4 (06/08/94)
ture which is or may be used to convey water.
(Ord. 86-018 § 1, 1986)
Conflicting Use. A land use which could
negatively impact or be negatively impacted by
a Goal 5 resource. (Ord. 91-038 § 3, 1991)
Conservation Easement. A non -possessory
interest in real property conveyed by the
property owner to the county, imposing limi-
tations or affirmative obligations concerning
the use of the property. The purposes of a
conservation easement include, but are not
limited to, retaining or protecting natural,
scenic or open space values, public access,
protecting natural resources, maintaining or
enhancing air and water quality and preserving
the historical, archaeological or cultural
aspects of the property. (Ord. 86-054 § 1,
1986)
Contiguous Land. Parcels of land under the
same ownership which abut, irrespective of
roadways, stream or valley bottom.
Cross -Section. A profile of the ground
surface perpendicular to the center line of a
street, stream or valley bottom.
Dam. Any man-made structure which is or
may be used to impound water. (Ord. 86-018
§ 1, 1986)
Destination Resort. A self-contained devel-
opment providing visitor -oriented accommo-
dations and developed recreational facilities in
a setting with high natural amenities. To
qualify as a "major destination resort" under
Goal 8, a proposed development must meet
the following standards:
A. The resort is located on a site of 160
or more acres.
B. At least 50 percent of the site is dedi-
cated to permanent open space, excluding
yards, streets and parking areas.
C. At least two million dollars
($2,000,000) (in 1984 dollars) is spent in the
first phase on improvements for on-site devel-
oped recreational facilities andvisitor-oriented
accommodations, exclusive of costs for land,
sewer and water facilities and roads. Not less
than one-third of this amount shall be spent
on developed recreational facilities.
Developed recreational facilities and key
013"7'1682
facilities intended to serve the entire develop-
ment and visitor -oriented accommodations
must be physically provided or be guaranteed
through surety bonding or substantially equiv-
alent financial assurances prior to closure of
sale of individual lots or units. In phased
developments, developed recreational facilities
and other key facilities intended to serve a
particular phase shall be constructed prior to
sales in that phase or guaranteed through
surety bonding.
D. Visitor -oriented accommodations are
provided, including meeting rooms, restaurants
with seating for 100 persons, and 150 separate
rentable units for overnight lodgings.
Accommodations available for residential use
will not exceed two such units for each unit of
overnight lodging.
D. Commercial uses limited to those
types and levels necessary to meet the needs
of visitors to the development. Industrial uses
are not permitted. (Ord. 92-004 § 1, Exhibit
A, 1992)
DEQ. The Oregon Department of Environ-
mental Quality. (Ord. 90-014 § 2, 1990)
Developed Recreation Facilities. With
respect to destination resorts, means improve-
ments constructed for the purpose of recrea-
tion. These include, but are not limited to,
golf courses, tennis courts, swimming pools,
marinas, equestrian trails and facilities and
bicycle paths. (Ord. 92-004 § 2, Exhibit B,
1992)
Diversion. Any man-made structure which
is or may be used to deflect or divert water
from a river or stream into a conduit. (Ord.
86-018 § 1, 1986)
Disposal Site. Means land and facilities
used for disposal, handling or transfer of or
resource recovery of solid wastes. (Ord. 92-
066 § 1, 1992)
DOGAMI. The Oregon Department of
Geology and Mineral Industries. (Ord. 90-014
§ 2, 1990)
Dust -Sensitive Use. Real property normally
used as a residence, school, church, hospital
or similar use. Property used in industrial or
agricultural activities is not "dust -sensitive"
Chapter 18.04 (11/30/94) 5 (06/08/94)
unless it meets the above criteria in more than
an incidental manner. Accessory uses such as
garages and workshops do not constitute dust -
sensitive uses. (Ord. 91-038 § 1, 1991; Ord.
90-014 § 2, 1990)
Dwelling, Multi -Family. A building or
portion thereof designed for occupancy by
three or more families living independently of
each other.
Dwelling, Single -Family. A detached build-
ing containing one dwelling unit and designed
for occupancy by one family only, not includ-
ing manufactured homes and such temporary
structures as tents, tepees, travel trailers and
other similar structures. (Ord. 91-005 § 1,
1991)
Dwelling, Seasonal. A dwelling unit, includ-
ing a manufactured home, travel trailer, or
camping vehicle, designed for and used as a
temporary dwelling by one family for recrea-
tional or seasonal purposes only.
Dwelling, Two -Family. A building contain-
ing two dwelling units and designed for occu-
pancy by two families.
Dwelling Unit. One or more rooms in a
building designed for occupancy by one family
and having not more than one cooking area or
kitchen.
Dude Ranch. A ranch operated wholly or in
part as a resort offering horse riding related
activities as outdoor recreation opportunities,
and offering only temporary rental
accommodations for vacation use by non-
residents.
Easement. A grant of the right to use a
parcel of land or portion thereof for specific
purposes where ownership of the land or
portion thereof is not transferred.
Ensure. Guarantee; make sure or certain
something will happen. (Ord. 91-020 § 1,
1991)
ESEE. The letters stand for "economic,
social, environmental, and energy." ESEE
means the economic, social, environmental
and energy "consequences," as defined in the
Oregon Administrative Rules, Section 660-16-
005, that might result from prohibiting,
restricting, or fully allowing a "conflicting" use.
0137-1,683
A conflicting use is one which could negatively
impact or be negatively impacted by the Goal
5 resource. (Ord. 90-014 § 2, 1990)
Excavation, Grading and Fill and Removal.
As used in this title, these activities shall not
include practices that constitute accepted
farming practices as defined in ORS Chapter
215. (Ord. 91-038 § 3, 1991)
Exempt Vegetation. A tree or other plant
that is shown by the sunchart accompanying a
solar access permit application to cast existing
shade on a protected area. (Ord. 83-037 § 2,
1983)
Existin . Existing at the time of application.
(Ord. 83-037 § 2, 1983)
Factory Built Dwelling. A dwelling unit
built substantially or entirely at a place other
than the residential site, meeting county and
state building code requirements and
including, but not limited to, prefabricated or
modular homes, but excluding manufactured
homes. (Ord. 91-020 § 1, 1991)
Family. An individual or two or more
persons related by blood, marriage, legal
adoption, or legal guardianship living together
as one housekeeping unit using a common
kitchen and providing meals or lodging to not
more than three additional unrelated persons,
excluding servants; or a group of not more
than five unrelated persons living together as
one housekeeping unit using a common
kitchen.
Farm Use. The current employment of land
for the primary purpose of obtaining profit in
money by raising, harvesting and selling crops
or by the feeding, breeding, management and
sale of,. or the produce of, livestock, poultry,
fur -bearing animals or honeybees or for
dairying and the sale of dairy products or any
other agricultural or horticultural use or
animal husbandry or any combination thereof.
Farm use includes the preparation and storage
of the products raised on such land for human
and animal use and disposal by marketing or
otherwise. "Farm Use" also includes the
current employment of land for the primary
purpose of obtaining a profit in money by
stabling or training equine. Farm use also
Chapter 18.04 (11/30/94) 6 (06/08/94)
Is
includes the propagation, cultivation,
maintenance and harvesting of aquatic species.
Farm use does not include the use of land
subject to the provisions of ORS Chapter 321,
except land used exclusively for growing
cultured Christmas trees. (Ord. 94-008 § 1,
1994; Ord. 91-038 § 1, 1991)
Feed Lot. A livestock feeding yard. (Ord.
91-020 § 1, 1991)
Fence, Sight -Obscuring. A continuous
fence, wall, evergreen planting or combination
thereof constructed and/or planted to effec-
tively screen a particular use from view. (Ord.
91-020 § 1, 1991)
Fill and Removal. The deposit or removal
by artificial means of material at a location
within the waters of any lake, river or stream,
or in wetlands or riparian areas. (Ord. 91-020
§ 1, 1991; Ord. 89-009 § 2, 1989)
Fire Break. A break in the ground cover
fuels intended to prevent the spread of fire.
Fish Passage Device. Any man-made struc-
ture which is or may be used to enable fish to
pass over a dam to move upstream. (Ord. 86-
018§1,1986)
Fish Protection Device. Any man-made
structure, such as a fish screen, which is or
may be used to prevent fish from entering into
or passing through conduits, penstocks and
other water -conducting structures or devices
connected to a hydroelectric facility. (Ord.
86-018 § 1, 1986)
Flood or Flooding. A general and tempo-
rary condition of partial or complete inunda-
tion of normally dry land areas from:
A. The overflow of inland or tidal
waters; and/or
B. The unusual and rapid accumulation
of runoff of surface waters from any source.
(Ord. 88-030 § 3, 1988)
Flood, Base. The flood having a one per-
cent chance of being equaled or exceeded in
any given year. Also referred to as the "100 -
year flood." Such areas are designated by the
letter A or V on the Flood Insurance Rate
Map (FIRM). (Ord. 88-030 § 3, 1988)
Flood Hazard Area. (Repealed by Ord. 88-
030 § 1, 1988)
Chapter 18.04 (11/30/94)
()137-1684
Flood Hazard Boundary Map. (Repealed by
Ord. 88-030 § 1, 1988)
Flood Insurance Rate Map.(FIRM). The
official map on which the United States
Federal Insurance Administration has
delineated both the areas of special flood
hazards and the risk premium zones applicable
to the community. The FIRM is adopted by
reference in Ordinance No. 88-031. (Ord. 88-
030 § 3, 1988)
Flood Insurance Study. The official report
provided by the Federal Insurance Admini-
stration that includes flood profiles, the Flood
Boundary-Floodway Map, and the water
surface elevation of the base flood condition
of partial or complete inundation of normally
dry land areas. The Study is adopted by
reference in Ordinance No. 88-031. (Ord. 88-
030 § 3, 1988)
Flood Plain. The area adjoining a stream
that is subject to inundation by the base flood
discharge that is outside the floodway. (Ord.
93-002 § 2, 1993)
Flood Plain Development. Any man-made
change to improved or unimproved real estate,
including, but not limited to, buildings or
other structures, mining, dredging, filling,
grading, paving, excavation or drilling opera-
tions, located within the area of special flood
hazard. (Ord. 88-030 § 3, 1988)
Flood Plain Profile. (Repealed by Ord. 88-
030 § 1, 1988)
FloodwM. The channel of a river or other
water course, 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 one foot.
(Ord. 88-030 § 3, 1988)
Forest Lands. Lands which are suitable for
commercial forest uses including adjacent or
nearby lands which are necessary to permit
forest operations or practices and other
forested lands that maintain soil, air, water
and fish and wildlife resources. (Ord. 92-025
§ 1, Exhibit A, 1992)
Forest Operation. Any commercial activity
relating to the growing and harvesting of
forest tree species. (Ord. 92-025 § 1, Exhibit
7 (06/08/94)
A, 1992)
Forest Practice. Any operation conducted
on or pertaining to commercial forest lands,
including but not limited to:
A. Reforestation of forest land;
B. Road construction and maintenance;
C. Harvesting of forest tree species;
D. Application of chemicals; and
E. Disposal of slash. (Ord. 92-025 § 1,
Exhibit A, 1992)
Forest Uses. Forest uses include production
of trees and the processing of forest products;
open space; buffers from noise and visual
separation of conflicting uses; watershed
protection and wildlife and fisheries habitat;
soil protection from wind and water;
maintenance of clean air and water; outdoor
recreational activity and related support
services and wilderness values compatible with
these uses; and grazing for livestock.
Frontage. All property adjoining one side of
a street and measured along the street line,
between intersecting and intercepting streets
or between a street and a right-of-way, water-
way, end of a dead-end or city boundary.
Geothermal Energy Facility, Small -Scale.
An electrical power generating plant with a
nominal electric generating capacity of less
than 25 MW; a pipeline that is less than 16
inches in diameter and less than 5 miles in
length used to carry geothermal resources; and
related or supporting equipment and facilities.
(Ord. 85-002 § 2, 1985)
Geothermal Resource, High -Temperature.
Any groundwater, steam or other fluid 250
degrees F. or greater which is used for its
thermal characteristics. (Ord. 85-002 § 3,
1985)
Geothermal Resource, Low -Temperature.
Any groundwater, steam or other fluid less
than 250 degrees F. which is used for its
thermal characteristics. (Ord. 85-002 § 4,
1985)
Geothermal Well, High -Temperature. Any
excavation, as defined by ORS 522.005(10),
522.005(12) or 522.005(15), that is constructed
or used for the thermal properties of the
resource contained within, or which is con-
013'7-1685
structed or used for returning such resource to
an underground reservoir. (Ord. 85-002 § 5,
1985)
Geothermal Well, Low -Temperature. Any
excavation, as defined by ORS 537.515(7),
that is constructed or used for the thermal
properties of the resource contained within, or
which is constructed or used for returning
such resource to an underground reservoir.
(Ord. 85-002 § 6, 1985)
Goal 5 Resource. Open spaces, scenic and
historic areas and natural resources as
specified in Goal 5 of Oregon's Statewide
Planning Goals and its implementing Adminis-
trative Rule, OAR 660, Division 15. (Ord. 91-
038 § 3, 1991)
Grade (Ground Level). The average of the
finished ground elevations of all walls of a
building. For purposes of height
determination in the Landscape Management
Combining Zone, grade shall be the average
of natural ground elevations prior to
construction for the wall closest to and dacing
the road, river or stream. (Ord. 91-038 § 1,
1991)
Guest House. Living quarters within a
detached accessory building located on the
same lot as the main building for use by
temporary guests of the occupants of the main
premises, not rented or otherwise used as a
separate dwelling. A guest house shall contain
no kitchen, kitchenette or other cooking
facilities. (Ord. 91-038 § 1, 1991)
Habitable Floor. Any floor usable for living
purposes, including working, sleeping, eating,
cooking, or recreation or a combination
thereof. A floor used only for storage pur-
poses is not a habitable floor.
Highest Shade Producing Point. The highest
shade producing point of the structure two
hours before and after the solar zenith on
December 21. (Ord. 83-037 § 2, 1983)
Height of Building. The vertical distance
from grade to the highest point of the roof.
(Ord. 91-038 § 1, 1991)
Historic Area or District. Lands with sites,
structures or objects of local, regional,
statewide or national historical significance as
Chapter 18.04 (11/30/94) 8 (06/08/94)
indicated in the Comprehensive Plan
Resource Element. (Ord. 91-020 § 1, 1991)
Historic Site. A location, structure or object
having local, regional, statewide or national
historic significance as indicated in the
Comprehensive Plan Resource Element.
(Ord. 91-038 § 3, 1991)
Home Occupation. An occupation or pro-
fession carried on within a dwelling or a
residential accessory structure by a resident of
the dwelling. The occupation or profession
shall be secondary to the residential use.
(Ord. 91-020 § 1, 1991)
Hog Farm. Any premises where 25 or more
hogs are maintained.
Horse Events. Means any exhibition or
competition involving horses whose purpose is
to test and/or advance the skills of a horse
and/or its rider, such as but not limited to
horse shows, schooling events, horse training
seminars or clinics, open houses, cutting
competitions, rodeos for] and jackpot roping
contests. (Ord. 94-008 § 3, 1994)
Horse Stables. Structures, including indoor
and outdoor riding arenas, for the stabling or
training of horses and other facilities normally
associated with such uses. (Ord. 94-008 § 4,
1994)
Horse Stables, Commercial. Stables for the
boarding and/or keeping of horses and the
training of horses that are not non-commercial
riding stables as defined in this title. (Ord.
94-008 § 5, 1994)
Horse Stables, Non -Commercial. A
detached accessory structure for the stabling
or training of horses owned by the land owner
or a single lessee of the stable facility for
personal use. May also include the incidental
boarding or keeping of up to 5 horses owned
by persons not the owner or lessee of the
horse stable for their personal use. (Ord. 94-
008 § 6, 1994)
Hydroelectric Facility. All aspects of any
project or development necessary for or
related to the generation of hydroelectric
energy, including, but not limited to, conduits,
dams, diversions, fish ladders and screens,
generators, impoundments, penstocks, tur-
013"7-1686
bines, transmission facilities and related
buildings, structures, storage areas, access
roads, parking areas and surrounding and
adjacent lands which are necessary for or
related to the facility. (Ord. 86-018 § 1, 1986)
Impoundment. Any man-made structure
which is or may be used to impound water.
(Ord. 86-018 § 1, 1986)
Insure. (Repealed by Ord. 91-020 § 1, 1991)
Intensive Agricultural Use. Any agricultural
use where accepted farming practice may
produce noise, dust, chemical application or
other potential nuisance at any time during
the year. (Ord. 91-038 § 3, 1991)
Interest. Includes a lot or parcel, a share,
undivided interest or membership which
includes the right to occupy the land over-
night, and a lessee's interest in land for more
than three years or less than three years if the
interest may be renewed under the terms of
the lease for a total period of more than three
years. Interest does not include any interest
in a condominium as that term is defined in
ORS Chapter 91.505 or any security interest
under a land sales contract, trust deed or
mortgage. Interest does not include divisions
deed or mortgage. Interest does not include
divisions of land created by lien foreclosures
or foreclosures of recorded contracts for the
sale of real property.
Irrigated acres. As used in Chapter 18.16,
irrigated acres means those lands to which a
water right is appurtenant. (Ord. 92-065 § 2,
1992)
Junk Yard. Primary or accessory use of a
parcel of land for the storage, dismantling or
selling of cast-off or salvage material of any
sort in other than the original form in which
it was manufactured or assembled, not includ-
ing reconditioned secondhand furniture or
fixtures sold from within a walled building.
Kennel. A lot or building in which four or
more dogs, cats, pot-bellied pigs or other
animals at least four months of age are kept
commercially for board, breeding, training or
sale. (Ord. 94-001 § 1, 1994)
Key Facilities. Basic services usually fur-
nished by local government but which also
Chapter 18.04 (11/30/94) 9 (06/08/94)
may be provided by private enterprise, essen-
tial to the support of more intensive develop-
ment. Includes public schools, transportation,
water supply, fire protection, sewage and solid
waste disposal.
Land Development. The division of land
into parcels or lots for any purpose or the
creation of units or parcels for the purpose of
sale or lease for a term of one year or more.
Includes the intent for disposition of any land,
whether contiguous or not, including any land
divided, lots, parcels, units or interests offered
as a part of a common promotional plan of
advertising and disposition by a single devel-
oper or group of developers acting in concert.
If the land is contiguous or is known, desig-
nated or advertised as a common unit or by a
common name, the land shall be presumed,
without regard to the number of lots covered
by each individual offering to be offered for
disposition as part of a common promotional
plan.
Land Disposal Site. Means a disposal site
and related facilities at which the method of.
disposing solid waste is by landfill. (Ord. 92-
066 § 1, 1992)
Landing strip. An area used for the landing
and taking off of aircraft for the personal use
of the property owner or his guests, or aircraft
employed in agricultural operations.
Landing Strip, Personal Use. See 'Personal
Use Landing Strip." (Ord. 91-020 § 1, 1991)
Landscaping. Trees, grass, bushes, shrubs,
flowers, and garden areas, and incidental
arrangements of fountains, patios, decks,
street furniture and ornamental concrete or
stonework and artificial plants, bushes or
flowers.
Legislative. A planning or zoning action
resulting in a general rule or policy which is
applicable to an open class of individuals or
situations.
Livestock. Domestic animals of types cus-
tomarily raised or kept on farms for profit or
other productive purposes. This definition
does not include household dogs,cats and pot-
bellied pigs. (Ord. 94-001 § 2,1994; Ord. 91-
038 § 1, 1991)
0137-1687
Livestock Feed Lot. An enclosure designed
or used for the purpose of the concentrated
feeding or fattening of livestock for
commercial slaughter. (Ord. 91-020 § 1, 1991)
Livestock Sales Yard. An enclosure or
structure designed or used for holding live-
stock for purposes of sale or transfer by
auction, consignment or other means.
Loading. Space. An off-street space within
a building or on the same lot with a building,
having direct access to a street or alley, for
the temporary parking of a commercial vehicle
or truck while loading or unloading mer-
chandise or materials.
Lodge. A structure or group of related
structures wherein transient eating and/or
sleeping accommodations are provided for a
fee in connection with outdoor recreation
activities. (Ord. 91-038 § 3, 1991)
Lot. A unit of land created by a subdivision
of land.
A. Lot Area. The total horizontal area
contained within the lot lines. Said area shall
be computed as gross area for lots larger than
2.5 acres and net area for lots 2.5 acres and
smaller. The total horizontal net area within
lot lines of a lot is that square footage of a lot
that is free from roads, streets, rights-of-way
or easements of access to other property.
Provided, however, that the Planning Director
or Hearings Body shall include in gross lot
areas all streets, roads, and easement of access
to other property that would accrue to that lot
if the road, street or easement were vacated,
and shall treat the gross area of lots that have
never been previously described of record as
other than fractions of a section as if the
section contained 640 acres, in cases where a
lot is sought to be partitioned. (Ord. 91-020
§ 1, 1991)
B. Lot, Corner. A lot adjoining two or
more streets, other than alleys, at their inter-
section provided the angle of intersection of
the adjoining streets does not exceed 135
degrees.
C. Lot Depth. The average horizontal
distance between the front and rear lot lines.
D. Lot Line. The property lines bound -
Chapter 18.04 (11/30/94) 10 (06/08/94)
ing a lot.
E. Lot Line, Front. The lot line separat-
ing a lot from a street other than an alley. In
the case of a lot that does not front directly
on any street, the front lot line shall be that
lot line parallel to and facing the same direc-
tion as the front lot lines of the majority of
other properties in the immediate area. (Ord.
91-038 § 1, 1991)
F. Lot Line, Rear. The lot line opposite
and most distant from the front lot line. In
the case of an irregular, triangular, or other
odd -shaped lot, a line 10 feet in length within
the lot, parallel to and at a maximum distance
from the front lot line.
G. Lot Line, Side. Any lot line other
than a front or rear lot line bounding a lot.
H. Lot, Through or Double Frontage. A
lot having frontage on two parallel or approxi-
mately parallel streets other than alleys.
I. Lot Width. The average horizontal
distance between the side lot lines, ordinarily
measured parallel to the front lot line. (Ord.
91-020 § 1, 1991)
J. Lot of Record.
a. A lot or parcel at least 5,000 square
feet in area and at least 50 feet wide, which
conformed to all zoning and subdivision or
partition requirements, if any, in effect on the
date the lot or parcel was created, and which
was created by any of the following means:
1. By partitioning land as defined in
ORS Chapter 92;
2. By a subdivision plat, as defined in
ORS Chapter 92, filed with the Deschutes
County Surveyor and recorded with the
Deschutes County Clerk;
3. By deed or contract, dated and signed
by the parties to the transaction, containing a
separate legal description of the lot or parcel,
and recorded in Deschutes County if record-
ing of the instrument was required on the date
of the conveyance. If such instrument
contains more than one legal description, only
one lot of record shall be recognized unless
the legal descriptions describe lots subject to
a recorded subdivision or town plat;
4. By a town plat filed with the
0137-1655
Deschutes County Clerk and recorded in the
Deschutes County Record of Plats; or
5. By the subdividing or partitioning of
adjacent or surrounding land, leaving a
remainder lot or parcel.
b. The following shall not be deemed to
be a lot of record:
1. A lot or parcel created solely by a tax
lot segregation because of an assessor's roll
change or for the convenience of the assessor.
2. A lot or parcel created by an inter-
vening section or township line or right-of-
way.
3. A lot or parcel created by an unre-
corded subdivision, unless the lot or parcel
was conveyed subject to paragraph (a)(3) of
this section.
4. A parcel created by the foreclosure of
a security interest.
For the purposes of this title, "lot" or "parcel'
means a lot of record as defined herein.
(Ord. 91-038 § 1, 1991; Ord. 88-009 § 1, 1988;
Ord. 87-015 § 1, 1987)
Lowest Floor. The lowest floor of the
lowest enclosed area of a structure, including
the basement. An unfinished or flood resis-
tant 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 Section
18.96.060. (Ord. 88-030 § 3, 1988)
Major Partition. A partition which includes
the creation of a road or street. (Ord. 91-038
§ 3, 1991)
Manufactured Home. A structure con-
structed for movement on the public highways
that has sleeping, cooking and plumbing
facilities, that is intended for human occu-
pancy, and that is being used for residential
purposes. It does not include any building or
structure subject to the structural specialty
code adopted pursuant to ORS 455.100 to
455.450 or any unit identified as a recreational
vehicle by the manufacturer. (Ord. 91-005 §
1, 1991; Ord. 89-004 § 1, 1989)
Chapter 18.04 (11/30/94) 11 (06/08/94)
Manufactured Home Park. Any place where
two or more manufactured homes are parked
within 500 feet of one another on a lot, tract
or parcel of land under the same ownership,
the primary purpose of which is to rent space
or keep space for rent to any person for a
charge or fee paid or to be paid for the rental
or use of facilities or to offer space free in
connection with securing the trade or
patronage of such person. (Ord. 89-004 § 1,
1989)
Manufactured Home Subdivision. A subdi-
vision intended to be occupied primarily or
exclusively by manufactured homes. (Ord. 89-
004 § 1, 1989)
Marina. A structure built over or floating
upon the waters of a lake, river, stream or
man-made waterway that provides moorage,
launching, storage, supplies and services for
recreational and/or commercial marine trans-
port. (Ord. 89-009 § 2, 1989)
Mean Sea Level. The National Geodetic
Vertical Datum (NGVD) of 1929 or other
datum, to which base flood elevations shown
on the Flood Insurance Rate Map (FIRM)
are referenced. (Ord. 93-002 § 2, 1993)
Mineral. Includes, but is not limited to, soil,
select fill, coal, clay, stone, sand, gravel, aggre-
gate, pumice, cinders, -metallic ore and any
other inorganic solid excavated from a natural
deposit in the earth for commercial, industrial
or constructional use. (Ord. 90-014 § 2, 1990)
Mini -Storage. Commercial development of
multiple storage units for rental to the public.
(Ord. 91-038 § 3, 1991)
Minor Partition. A partition that does not
include the creation of a road or street. (Ord.
91-038 § 3, 1991)
Miti ag tion. The minimizing or offsetting of
impacts by the provision of on- or off-site
improvement or compensation which benefits
impacted property owners, resources and the
public interest. Mitigation measures include,
but are not limited to, the provision of addi-
tional fish and wildlife habitat, conservation
easements, on- and off-site screening and
buffering, compensation for the maintenance
of existing off-site screening, fees in lieu of
013"7-1689
improvements and similar arrangements which
are agreed to in writing by the affected parties
and which relate to and are necessitated by a
surface mining development or operation.
(Ord. 90-014 § 2, 1990)
Mobile Home. (Deleted by Ord. 91-005 § 2,
1991; Ord. 89-004 § 1, 1989)
Mobile Home Park. (Deleted by Ord. 91-
005 § 2, 1991; Ord. 89-004 § 1, 1989)
Mobile Home Subdivision. (Deleted by
Ord. 91-005 § 2, 1991)
Modular Homes. See "Factory Built
Dwelling." (Ord. 91-020 § 1, 1991)
Municipal Water Supply System. A domes-
tic water supply source and distribution system
owned and operated by a city, county, special
district or other public corporation which has
independent tax -levying powers to support the
system and which supplies water to a total of
1,000 or more households.
Natural Area. As indicated in the Compre-
hensive Plan Resource Element, land and
water that has substantially retained its natural
character or land and water that, although
altered in character is important as habitats
for plant, animal or marine life, for the study
of its natural, historical, scientific or paleonto-
logical features or for the enjoyment of its
natural features.
Natural Hazard Area. An area subject to
natural events known to result in death or
endangerment of the works of man, such as
stream flooding, ground water, flash flooding,
erosion or fluvial deposits, landslides, earth-
quakes, weak foundation soils and other
hazards unique to a local or regional area.
Natural Resources. Air, land, water and the
elements thereof valued for their existing and
potential usefulness to man.
Necessary For. As used in Sections
18.36.050 and 18.40.050, "necessary for" means
the dwelling will contribute substantially to
effective and efficient management of the
forest land to be managed by the resident(s)
of the dwelling. (Ord. 92-025 § 1, Exhibit A,
1992)
New Construction. Any structure for which
the start of construction [commenced] was on
Chapter 18.04 (11/30/94) 12 (06/08/94)
or after the effective date of Ordinance PL -15.
For purposes of the Flood Plain Zone (FP),
"new construction' means any structure for
which the start of construction commenced on
or after the date of adoption of the
amendments to the Flood Plain Zone in
Ordinance No. 88-030. (Ord. 93-002 § 3, 1993;
Ord. 88-030 ss 3, 1988)
Noise -Sensitive Use. Real property nor-
mally used for sleeping or normally used as
schools, churches, hospitals or public libraries.
Property used in industrial or agricultural
activities is not "noise -sensitive" unless it meets
the above criteria in more than an incidental
manner. Accessory uses such as garages or
workshops do not constitute noise -sensitive
uses. (Ord. 91-038 § 1, 1991; Ord. 90-014 § 2,
1990)
Nonconforming_ Lot or Parcel. A lot or
parcel which is smaller in area than the mini-
mum lot or parcel size in the zone. (Ord. 87-
015 § 1, 1987)
Nonconforming Structure or Use. A lawful
existing structure or use at the time this title
or any amendment thereof becomes effective
which does not conform to the requirements
of the zone in which it is located.
North Lot Line. A lot line that requires
solar access protection, as specified in Section
18.116.180, that is 45 degrees or more from a
north -south axis as determined by a metes and
bounds description established on a County
Assessor's tax lot map, verified by a survey
filed with the County Surveyor or established
by an official plat recorded in the County
Clerk's Office. If more than one north lot
line exists for a parcel or lot, solar protection
shall be required for each line and the most
restrictive solar setback must be met. (Ord.
91-038 § 1, 1991; Ord. 91-020 § 1, 1991; Ord.
83-037 § 2, 1983)
Nursery, Day. A facility providing day care
to three or more children, aged 14 years or
under, but not including any: (a) facility
providing care that is primarily educational
unless provided to a preschool child for more
than four hours a day; (b) facility providing
care that is primarily supervised training in a
013'7-1600
specific subject, including but not limited to
dancing, drama, music or religion; (c) facility
providing care that is primarily an incident of
group athletic or social activities sponsored by
or under the supervision of an organized club
or hobby group; (d) facility operated by a
school district or governmental agency; (e)
residential facility licensed under ORS 443.400
to 443.445 and 443.991(2).
Nursing Home. Any home, institution or
other structure maintained or operated for the
nursing or care of four or more ill, aged or
infirm adults not requiring hospital care or
hospital facilities.
Open Space. Lands used for agricultural or
forest uses and any land area that would, if
preserved and continued in its present use,
conserve and enhance natural or scenic
resources; protect air, streams or water supply;
promote conservation of soils, wetlands,
beaches or marshes; conserve landscaped
areas such as public or private golf courses,
that reduce pollution and enhance the value
of adjoining or neighboring property; enhance
the value to the public of adjoining or neigh-
boring parks, forests, wildlife preserves, nature
reservations or other open space; enhance
recreation opportunities; preserve historic,
geological and archeological sites; promote
orderly urban development; and minimize
conflicts between farm and non-farm uses.
Ordinary High Water Mark (OHM). The
highest level on the bank or shore of a lake,
river or stream to which the water ordinarily
rises annually in season. (Ord. 89-009 § 2,
1989)
Ordinary Low Water Mark (OLM). The
lowest level on the bank or shore of a lake,
river or stream to which the water ordinarily
recedes annually in season. (Ord. 89-009 § 2,
1989)
Overburden. Earth or rock that lies above
a natural deposit of a mineral. (Ord. 90-014
§ 2, 1990)
Overnight Lodgings. With respect to desti-
nation resorts, means permanent, separately
rentable accommodations that are not avail-
able for residential use. Overnight lodgings
Chapter 18.04 (11/30/94) 13 (06/08/94)
include hotel or motel rooms, cabins and time
share units. Individually -owned units may be
considered overnight lodgings if they are
available for overnight rental use by the gen-
eral public for at least 45 weeks per calendar
year through a central reservation and check-
in service. Tent sites, recreational vehicle
parks, mobile homes, dormitory rooms and
similar accommodations do not qualify as
overnight lodging for the purpose of this defi-
nition. (Ord. 92-004 § 2, Exhibit B, 1992)
Owner. The owner of the title to real
property or the authorized agent thereof or
the contract purchaser of real property of
record as shown on the last available complete
tax assessment roll or County Recorder's
records.
Parcel. A unit of land created by a parti-
tioning of land.
Parking Space. A clear, off-street area for
temporary parking or storage of one automo-
bile, having an all-weather surface of a width
not less than eight and one-half feet, a length
of not less than 22 feet and not less than eight
and one-half feet in height when within a
building or structure. Such parking space
shall not be less than 190 square feet in area
and shall have easy access to a street or alley
by a driveway having an all-weather surface,
except as approved subject to Section
18.116.030.
Partition. An act of partitioning land or an
area or tract of land partitioned as defined
under "Partition Land." (Ord. 91-038 § 1,
1991)
Partition Land. To divide an area or tract
of land into two or three parcels within a
calendar year when such area or tract of land
exists as a unit or contiguous units of land
under single ownership at the beginning of
such year. Partition land does not include
divisions of land resulting from lien foreclo-
sures, or recorded contracts for the sale of
real property and divisions of land resulting
from the creation of cemetery lots. Partition
land does not include the sale of a lot in a
recorded subdivision, even though the lot may
have been acquired prior to the sale with
013'7-1691
other contiguous lots or property by a single
owner.
Partition Plat. The final map describing
parcels created by partition and other writing
as specified in the subdivision and partition
ordinance containing all other descriptions,
locations, specifications, dedications, provi-
sions and information concerning a major or
minor partition. (Ord. 91-038 § 3, 1991)
Pedestrian Facilities: Improvements which
provide for public pedestrian foot traffic
including sidewalks, walkways, crosswalks and
other improvements, such as lighting and
benches which make it safe or convenient to
walk. (Ord. 93-005 § 1, 1993)
Penstock. Any conduit or other structure
which is or may be used to convey water to
the driving mechanism of a generator. (Ord.
86-018 § 1, 1986)
Person. A natural person, firm, partnership,
association, social or fraternal organization,
corporation, trust, estate, receiver, syndicate,
branch of government or any group or com-
bination acting as a unit.
Personal Use Landing Strips for Airplanes
and Helicopter Pad. An airstrip restricted,
except for aircraft emergencies, to use by the
owner and, on an infrequent and occasional
basis, by invited guests and by commercial
aviation activities in connectionwith permitted
uses of the land. No aircraft may be based on
a personal -use landing strip other than those
owned or controlled by the owner of the
airstrip. Exception to the activities permitted
under this definition may be granted through
waiver action by the Aeronautics Division in
specific instances. A personal use airport
lawfully existing as of September 1, 1975, shall
continue to be permitted subject to any
applicable regulations of the Aeronautics
Division. (Ord. 91-020 § 1, 1991)
Petroleum Distribution Facility. A facility
for the storage of fuels or other volatile
products and for their distribution to retail
sales facilities or other bulk purchasers,
regardless of ownership.
Planned Community. A self-contained
complex of residential, commercial and indus-
Chapter 18.04 (11/30/94) 14 (06/08/94)
trial uses in the form of a planned develop-
ment in conjunction with a master plan with
an interrelated system for transportation,
utilities, recreational areas and other public
facilities all of which constitute a separate
community which is at least 640 acres in size.
Sunriver is an example of a planned commu-
nity. (Ord. 91-038 § 1, 1991)
Planned Development. The development of
an area of land at least 40 acres in size for a
number of dwelling units, commercial or
industrial uses, according to a plan which does
not necessarily correspond in lot size, bulk or
type of dwelling, density, lot coverage, or
required open space to the standard regu-
lations otherwise required by this title, and
usually featuring a clustering of residential
units.
Planned Unit Development. See 'Planned
Development." (Ord. 91-038 § 3, 1991)
Plant Nursery. A place where young trees
or other plants are raised for experimental
purposes or for transplanting for sale.
Plat. A final map or diagram concerning a.
subdivision or partition. Includes a subdi-
vision plat, replat or partition plat. (Ord. 91-
038 § 1, 1991)
Pole Height. The height of the point on a
building that casts the longest shadow on the
north side of the building as measured
between 10:00 a.m. and 2:00 p.m. on
December 21. (Ord. 91-038 § 3, 1991)
Pot-bellied Pik. A swine commonly referred
to as Miniature Vietnamese, Chinese or
Oriental pot-bellied pig. Such animals shall
not exceed a maximum height of eighteen (18)
inches at the shoulder. (Ord. 94-001 § 3,
1994)
Potential Structure. For purpose of solar
access protection on a potential structure is
any structure or building that could be built as
a permitted use in a particular location under
existing development standards under
the existing Deschutes County Comprehensive
Plan. (Ord. 83-037 § 2, 1983)
Pre-existing Nonconforming Lot or Parcel.
A nonconforming lot or parcel which is a lot
of record. (Ord. 87-015 § 1, 1987)
0137-1692
Prefabricated House. See "Factory Built
Dwelling." (Ord. 91-020 § 1, 1991; Repealed
by Ord. 89-004 § 1, 1989)
Primary or Principal Use. The first use to
which property is or may be devoted, and to
which all other uses on the premises are
accessory or secondary uses. As used relative
to dwelling units, the primary dwelling would
be the first dwelling unit to be located on a
specific parcel or lot.
Productive Solar Collector. A solar collec-
tor that provides no less than a) 10 percent of
a building's annual total energy requirement;
or b) 50 percent of a building's annual water
heating requirements. (Ord. 83-037 § 2, 1983)
Prospect Well. Any well drilled as a geo-
physical test well, seismic shot hole, mineral
exploration drilling, core drilling or tempera-
ture gradient test well less than 2,000 feet in
depth. Prospect well does not include a
geothermal well as defined in this section.
(Ord. 91-038 § 3, 1991)
Protect. Save or shield from loss, destruc-
tion, injury or for future intended use.
Protected Area. The specific area which is
provided solar access for specific hours and
dates under this title. (Ord. 83-037 § 2, 1983)
Provide. Prepare, plan for and supply what
is needed.
Public Use. A use owned or operated by a
public agency for the benefit of the public
generally. This does not include landfill sites,
garbage dumps or utility facilities.
Public Water System. A system for the
provision to the public of piped water for
human consumption, if such system has at
least 15 service connections or regularly serves
at least 25 individuals.
Quasi -Judicial. A land use action entailing
application of a general rule or policy to
specific individuals or situations.
Ramada. A stationary structure having a
roof extending over a manufactured home or
trailer, which may also extend over a patio or
parking space for motor vehicles, and is used
primarily for protection from sun and rain.
(Ord. 89-004 § 1, 1989)
Ranch Hand Residence. A building, struc-
Chapter 18.04 (11/30/94) 15 (06/08/94)
ture or manufactured home used for residen-
tial purpose for an agricultural employee and
his family.
Reclamation. The employment in a surface
mining operation of procedures designed to
minimize, as much as practical, the disruption
of the surface mining operation and to pro-
vide for rehabilitation of any such surface
resources adversely affected by such mining
operations through the rehabilitation of plant
cover, soil stability, water resource and other
measures appropriate to the subsequent
beneficial use of mined and reclaimed lands.
(Ord. 90-014 § 2, 1990)
Recreation Camps or Resorts. An area
devoted to facilities and equipment for recre-
ational purposes, including swimming pools,
tennis courts, playgrounds, and other similar
uses, whether the use of such area is limited
to private membership or open to the public
upon payment of a fee.
Recreation Parks. An area designated by
the landowner for picnicking or overnight
camping and offered to the general public
whether or not a fee or charge is made for
such accommodations.
Recreational Vehicle. A mobile unit which
is designed for temporary human occupancy
and licensed as a motor home, recreational
trailer or camper by the Oregon Motor Vehi-
cles Division or similar units licensed by
another state. (Ord. 91-038 § 1, 1991)
Recreational Vehicle Park. A park
intended, designed or utilized for temporary
occupancy primarily by recreational vehicles.
(Ord. 91-038 § 3, 1991)
Replat. Includes a final map of the recon-
figuration of lots and easements of a recorded
subdivision or partition plat and other writings
containing all the descriptions, locations,
specifications, dedications and provisions and
information concerning a recorded partition or
subdivision plat. (Ord. 91-038 § 3, 1991)
Resource Recovery. Means the process of
obtaining useful material or energy resources
from solid waste and includes:
a. Energy recoverX which means recovery
in which all or a part of the solid waste
013'-1093
materials are processed to utilize the heat
content, or other forms of energy„ of or from
the material.
b. Material recovery which means any
process of obtaining from solid waste, by
presegregation or otherwise, materials which
still have useful physical or chemical
properties and can be reused or recycled from
some purpose.
c. Re ccy link which means any process by
which solid waste
materials are transformed into nev products in
such a manner that the original products may
lose their identity.
d. Re -use which means the return of a
commodity into the economic stream for use
in the same kind of application as before
without change in its identity. (Ord. 92-066
§1, 1992)
Residential. Any dwelling unit or group of
units built or used for human occupancy.
Residential Facility. A facility licensed by or
under the authority of the Department of
Human Resources which provides residential
care alone or in conjunction with treatment or
training or a combination thereof for six to
fifteen individuals who need not be related.
Staff persons required to meet Department of
Human Resources licensing requirements shall
not be counted in the number of facility
residents, and need not be related to each
other or to any resident of the residential
facility. (Ord. 91-038 § 3, 1991)
Residential Home. A home licensed by or
under the authority of the Department of
Human Resources which provides residential
care alone or in conjunction with treatment or
training or a combination thereof for five or
fewer individuals who need not be related.
Staff persons required to meet Department of
Human Resources licensing requirements shall
not be counted in the number of facility
residents, and need not be related to each
other or to any resident of the residential
home. (Ord. 91-038 § 3, 1991)
Right-of-wU. The area between the
boundary lines of a street, road or other
public easement.
Chapter 18.04 (11/30/94) 16 (06/08/94)
Rimrock. Any ledge, outcropping or top or
overlying stratum of rock, which forms a face
in excess of 45 degrees, and which creates or
is within the canyon of the following rivers
and streams: 1) Deschutes River; 2) Crooked
River; 3) Fall River; 4) Little Deschutes
River; 5) Spring River; 6) Paulina Creek; 7)
Squaw Creek; and 8) Tumalo Creek. For the
purpose of this title, the edge of the rimrock
is the uppermost rock ledge or outcrop of
rimrock. (Ord. 86-053 § 1, 1986; Ord. 82-013
§ 1, 1982)
Road or Street. A public or private way
created to provide ingress or egress to one or
more lots, parcels, areas or tracts of land,
excluding a private way created to provide
ingress or egress to such land in conjunction
with the use of such land for forestry, mining
or agricultural purposes.
A. Alley. A narrow street through a
block primarily for vehicular service access to
the back or side of properties adjoining
another street.
B. Arterial. A restricted access street of
substantial continuity which is primarily a
traffic artery for inter -communication among
large areas, and so designated by the county.
C. Bicycle Route. A segment of a
bikeway system designated with appropriate
directional and information markers by the
jurisdiction having authority. (Ord. 93-005 §
2, 1993)
D. Collector. A street supplementary to
the arterial street system used or intended to
be used principally for the movement of traffic
between arterials and local streets and roads
within the county.
E. Cul-de-sac. A short street having one
end open to traffic and terminated by a
vehicle turnaround. (Ord. 91-020 § 1, 1991)
F. Half Street. A portion of the width
of a street sufficient for safe service
temporarily (as approved by the County
Engineer) when the remaining portion of the
street is likely to be provided in another
subdivision.
G. Marginal Access Street. A minor
street parallel and adjacent to a major arterial
providing access to adjoining properties, but
protected from through traffic.
H. Local Street. A street intended
primarily for access to adjoining properties.
I. Stubbed Streets. A street having only
one outlet for vehicular traffic and which is
intended to be extended or continued to serve
future subdivisions or developments on adja-
cent lands.
Road and Street Project. The construction
and maintenance of the roadway, bicycle
lanes, sidewalks or other facilities related to a
road or street. Road and street projects shall
be a Class I, Class II or Class III project.
A. Class I Project. Land use permit
required. "Class I Project" is a major project
such as (1) a new controlled -access freeway;
(2) a road or street project of four or more
lanes on a new location; and (3) a major
project involving the acquisition of more than
minor amounts of rights-of-way, substantial
changes in access control , a large amount of
demolition, displacement of a large amount of
residences or businesses or substantial changes
in local traffic patterns.
B. Class II Project. Land use permit
required. "Class II Project" is a (1)
modernization where a road or street is
widened by more than -one lane; (2) traffic
safety or intersection improvement which
changes local traffic patterns; (3) system
change which has significant land use
implications; or (4) the construction of a new
county road or street where none existed
before.
C. Class III Project. No land use permit
required. "Class III Project" is a
modernization traffic safety improvement,
maintenance, repair or preservation of a road
or street."
Roadway. That portion of a street or road
right-of-way developed for vehicular traffic.
Scenic Area. Land and other natural fea-
tures valued for their aesthetic qualities.
School, Private. Any licensed or accredited
private entity that offers instruction or training
for any academic, technical or identified
occupational objective. (Ord. 91-038 § 3,
Chapter 18.04 (11/30/94) 17 (06/08/94)
1991)
School, Public. A school operated by a
government agency. (Ord. 91-038 § 3, 1991)
Self -Contained Development. With respect
to destination resorts, means community
sewer, water and recreational facilities pro-
vided on-site and limited to meet the needs of
the resort or provided by existing public sewer
or water service as long as all costs related to
service extension and any capacity increase are
borne by the development. A "self-contained
development" shall have developed
recreational facilities provided on-site. (Ord.
92-004 § 2, Exhibit B, 1992)
Semi -Public Use. A structure or use
intended or used for both private and public
purposes by a church, lodge, club or any other
non-profit organization.
Service Establishment. A business selling a
service and products directly related to that
service. Service establishment includes, but is
not limited to, shoe or appliance repair; hair
cutting and styling; realtor; interior decorator;
upholsterer; pet grooming; optician and travel
agent. An automobile repair garage or
medical office is not a service establishment
for the purposes of this title. (Ord. 91-038 §
3, 1991)
Setback. An open space on a lot which is
unobstructed from the ground upward except
as otherwise provided in this title.
Setback, Front. A setback between side lot
lines, measured horizontally at right angles to
the front lot line from the front lot line to the
nearest point of a building.
Setback, Rear. A setback between side lot
lines, measured horizontally at right angles to
the rear lot line from the rear lot line to the
nearest point of a building.
Setback, Side. A setback between the front
and rear yard measured horizontally at right
angles from the side lot line to the nearest
point of a building.
Setback, Street Side. A setback adjacent to
a street between the front setback and rear lot
line measured horizontally and at right angles
from the side lot line to the nearest point of a
building.
013'7-1655
Shade. A shadow, except a shadow caused
by a narrow object, including, but not limited
to, a utility pole, an antenna, a wire or a
flagpole. (Ord. 83-037 § 2, 1983)
Shopping Complex. A group of commercial
establishments planned, constructed and
managed as a total entity with customer and
employee parking on site and aesthetic consid-
erations which integrate it with the sur-
rounding area. (Ord. 84-023 § 1, 1984)
Sign. An identification, description, illustra-
tion or device which is affixed to or repre-
sented, directly or indirectly, upon a building,
structure or land, and which directs attention
to a product, place, activity, person, institution
or business.
Sign, Advertising. A sign which directs
attention to a business, product, activity, or
service not necessarily conducted, sold or
offered upon the premises where such a sign
is located.
Solar Access. Protection from shade for a
specific area during specific hours and dates,
but not including protection from shade cast
by exempt vegetation. (Ord. 83-037 § 2, 1983)
Solar Access Permit. The instrument issued
by the county which limits the size of non-
exempt vegetation on certain lots in the
vicinity of a recorded solar collector. (Ord.
83-037 § 2, 1983)
Solar Collector. Any object that uses solar
radiation for a useful purpose, including, but
not limited to, windows, walls, roofs and
collectors. (Ord. 83-037 § 2, 1983)
Solar Heating Hours. The hours and dates
during which solar access is provided. (Ord.
83-037 § 2, 1983)
Solar Height Restriction. The allowable
height of buildings, structures and non-exempt
vegetation on a property burdened by the
solar access of another property. (Ord. 83-037
§ 2, 1983)
Solid Waste. All putrescible and
nonputrescible wastes, including but not
limited to garbage, rubbish, refuse, ashes,
waste paper and cardboard; commercial,
industrial, demolition and construction wastes;
discarded home and industrial appliances; and
Chapter 18.04 (11/30/94) 18 (06/08/94)
other wastes; but the term does not include:
a. Hazardous wastes as defined in ORS
466.005.
b. Materials used for fertilizer or for
other productive purposes or which
are salvageable as such materials are
used on land in agricultural
operations and the growing or
harvesting of crops and the raising of
animals. (Ord. 92-066 § 1, 1992)
Stabling or training equines. As used in the
definition of "farm use" means the use of land
involving the pasturing, keeping, boarding,
management or training of horses. For the
purposes of this definition, horse events, as
defined herein are deemed to be an incident
of training. (Ord 94-008 § 7, 1994)
Stables, Private. Deleted by Ordinance 94-
008. (Ord. 94-008 § 8, 1994)
Stables, Public. Deleted by Ordinance 94-
008. (Ord. 94-008 § 8, 1994)
Start of Construction. The first act of
permanent construction of a structure, other
than a manufactured home, on a site, such as
the pouring of slabs or footings or any work
beyond the preparation, such as clearing,
grading and filling. Does not include the
installation of streets or walkways, excavation
for a basement, footings, piers or foundations,
the erection of temporary forms or the instal-
lation on the property of accessory buildings,
such as garages or sheds not occupied as
dwelling units or as part of the main structure.
For a structure other than a manufactured
home without a basement or poured footings,
the start of construction includes the first
permanent framing or assembly of the struc-
ture, or any part thereof, on its piling or
foundations. For manufactured homes not
within a manufactured home park or manu-
factured home subdivision, start of construc-
tion means the affixing of the mobile home to
its permanent site. For manufactured homes
within manufactured home parks or manufac-
tured home subdivisions, start of construction
is the date on which construction of facilities
for servicing the site on which the manufac-
tured home is to be affixed (including, at a
013'7-1696
minimum, the construction of streets, either
final site grading or pouring of concrete pads,
and installation of utilities) is begun.
Story. That portion of a building included
between the upper surface of any floor and
the upper surface of the floor next above it,
except the top story shall be that portion of a
building included between the upper surface
of the top -most floor and the ceiling or roof
above.
Story, Half. A story under a gable, hip or
gambrel roof, the wall plates of which, on at
least two opposite exterior walls, are not more
than two feet above the floor of such story.
Stream, Perennial. Includes the following
rivers and streams in Deschutes County:
Alder Creek; Bottle Creek; Bridge Creek;
Brush Draw; Bull Creek; Cache Creek;
Charlton Creek; Cultus Creek; Cultus River;
Deer Creek; Deschutes River; Dry Creek; Fall
Creek; First Creek; Full Creek; Goose Creek;
Indian Ford Creek; Jack Creek; Kaleetan
Creek; Lake Creek -Middle Fork; Little
Deschutes River; Metolius Creek; Park Creek -
East Fork; Park Creek -West Fork; Paulina
Creek; Pole Creek; Rock Creek; Snow Creek;
Soap Creek; Soda Crater Creek; Spring Creek;
Squaw Creek; Squaw Creek -North Fork;
Three Creek; Todd Lake Creek; Trout Creek;
Tumalo Creek; Tumalo Creek -North Fork;
Tumalo Creek -Middle Fork; and Tumalo
Creek -South Fork. (Ord. 90-014 § 2, 1990)
Street. The entire width between the right-
of-way lines of every public way for vehicular
and pedestrian traffic. Includes the terms
"road," "highway," "land," "place," "avenue,"
"alley" or other similar designation.
Structural Alteration. Any change to the
supporting members of a structure including
foundations, bearing walls or partitions,
columns, beams, girders, any structural change
in the roof or in the exterior walls, or any
alteration requiring a building permit.
Structure. Something constructed or built
having a fixed base on, or fixed connection to,
the ground or another structure.
Subdivision and Subdivided Lands.
Improved or unimproved area or tract of land
Chapter 18.04 (11/30/94) 19 (06/08/94)
divided into four or more lots within a calen-
dar year when such area or tract of land exists
as a unit or contiguous units of land under a
single ownership at the beginning of such year.
This section does not apply to divisions of
land resulting from lien foreclosures or fore-
closures of recorded contracts for the sale of
real property.
Subdivision Plat. The final map and other
writing containing all the descriptions, loca-
tions, specifications, dedications, provisions
and information concerning a subdivision.
(Ord. 91-038 § 3, 1991)
Substantial Improvement. Any repair,
reconstruction or improvement of a structure,
the cost of which equals or exceeds 50 percent
of the true cash value of the structure either:
A. before the improvement or repair is
started; or
B. if the structure has been damaged and
is being restored, before the damage occurred.
For the purposes of this definition, "substan-
tial improvement" is considered to occur when
the first alteration of any wall, ceiling, floor or
other structural part of the building commen-
ces, whether or not that alteration affects the
external dimensions of the structure. The
term does not, however, include either:
C. any project for improvement of a
structure to comply with existing state or local
health, sanitary or safety code specifications
which are solely necessary to assure safe living
conditions; or
D. any alteration of a structure listed on
the National Register of Historic Places or a
State Inventory of Historic Places. (Ord. 91-
020 § 1, 1991; Ord. 88-030 § 3, 1988)
Substantially Shaded. Less than 80 percent
of the available solar insolation is available
during winter solar heating hours to either the
south roof and/or wall of an existing or poten-
tial structure. (Ord. 83-037 § 2, 1983)
Sunchart. A photograph or photographs,
taken subject to the guidelines of the Planning
Director or Hearings Body, which plots the
position of the sun during each hour of the
day and each month of the year relative to a
protected area. The sunchart shall contain, at
0137-16S7
a minimum:
A. Solar altitude in 10 -degree incre-
ments;
B. Solar azimuth measured from true
south in 15 -degree increments;
C. If the solar collector is more than 20
feet wide, the southern skyline as seen from
the two end points and from the center point
of the lower edge of the protected area; and
D. A clear delineation of the existing
objects which cast shadows on the protected
area, including hills, structures, and deciduous
and evergreen vegetation. (Ord. 91-020 § 1,
1991; Ord. 83-037 § 2, 1983)
Surface Minim.
A. Includes:
a. all or any part of the process of
mining by removal of the overburden and
extraction of natural mineral deposits thereby
exposed by any method including, open pit
mining operations, auger mining operations,
processing, surface impacts of underground
mining, production of surface mining refuse
and the construction of adjacent or off-site
borrow pits, except those constructed for
access roads;
b. mining which involves more than
1,000 cubic yards of material or excavation
prior to mining of a surface area. of more than
one acre.
B. Does not include:
a. the construction of adjacent or off-site
borrow pits which are used for access roads to
the surface mine.
b. excavations of sand, gravel, clay, rock
or other similar materials conducted by a
landowner or tenant on the landowner's
property for the primary purpose of construc-
tion, reconstruction or maintenance of access
roads and excavation or grading operations
conducted in the process of farming or ceme-
tery operations, on-site road construction and
other on-site construction, or non -surface
impacts of underground mines;
C. batching and blending of mineral and
aggregate into asphaltic concrete or portland
cement concrete. (Ord. 90-014 § 3, 1990)
Surface Mining, Minerals. Includes, but is
Chapter 18.04 (11/30/94) 20 (06/08/94)
not limited to, soil, select fill, coal, clay, stone,
sand, gravel, aggregate, pumice, cinders,
metallic ore and any other inorganic solid
excavated from a natural deposit in the earth
for commercial, industrial or construction use.
(Ord. 90-014 § 2, 1990)
Surface Mining, Operator. Any person or
entity engaged in surface mining. (Ord. 90-
014 § 2, 1990)
Surface Mining, Processing. Processing
includes crushing, washing, milling and screen-
ing as well as batching and blending of
mineral aggregate into asphaltic concrete and
portland cement concrete. (NOTE: Process-
ing of mineral and aggregate material into
secondary products, such as building materials,
is allowed in industrial zones and may be sited
as part of a limited use combining zone in
conformance with all plan amendment and
zone change requirements of the county
comprehensive plan and zoning ordinance.)
(Ord. 90-014 § 2, 1990)
Time Share Unit.
A. A dwelling unit, lot or parcel divided
into periods of time under any arrangement,
plan, scheme or device; whether by
membership, agreement, share, tenancy in
common, sale, lease, deed, rental agreement,
license, right -to -use agreement or otherwise;
where a purchaser, in exchange for consider-
ation, receives a right to use the dwelling unit,
lot or parcel for a period of time less than a
full year during any given year, but not neces-
sarily for consecutive years, which extends for
a period of more than three years; or
B. A dwelling unit, lot or parcel created
into interests sold under an agreement to be
subsequently divided or created into interests
for the purpose of sale or lease or other
similar arrangement as set out in paragraph
(A), above, whether immediate or future, into
eleven or more undivided interests or eleven
or more other interests, or any other similar
arrangement of interests in the dwelling unit,
lot or parcel. (Ord. 83-033 § 1, 1983)
Trailer. Any portable unit designed and
built to be towed on its own chassis, com-
prised of frame and wheels and which does
0137-16S3
not fall within the definitions of vacation
trailer, manufactured home or prefabricated
house. Includes boat trailers, bunk trailers,
portable schoolrooms and industrial, commer-
cial or public offices and accessory uses.
Trailer Park. An area of land upon which
two or more travel trailers occupied for dwell-
ing or sleeping purposes are located, the
primary purpose of which is to rent space or
keep space for rent.
Trailer, Travel. See Vacation Trailer.
Trailer, Vacation. A portable unit designed
and built to be towed on its own chassis,
comprised of frame and wheels, having
sleeping, cooking and plumbing facilities
independent of external utility connections,
and intended for use principally as a tempo-
rary recreational or vacation residence.
Transit Facility. Improvements at selected
points along transit routes for passenger pick-
up, drop-off and waiting. Facilities and
improvements may include shelters, benches,
signs and structures and other improvements
to provide security, protection from the
weather and access to nearby services. (Ord.
93-005 § 1, 1993)
Transit Route. An existing or planned route
for public service in the local or regional
transportation plan. (Ord. 93-005 §.1, 1993)
Transmission Facility. The conductors, lines,
poles, towers, structures, corridors and
construction staging and assembly areas
necessary for or associated with the trans-
mission of electricity from a hydroelectric
facility for distribution. (Ord. 86-018 § 1,
1986)
Traveler's Accommodations. Any establish-
ment having rooms or apartments rented or
kept for rent on a daily or weekly basis to
travelers or transients for a charge or fee paid
or to be paid for rental or use of facilities.
(Tree . . . repealed by Ord. 91-020 § 1,
1991)
Unbuildable Area. An area in which a
structure could not be built as a permitted use
under existing development standards for the
area under the existing Deschutes County
Comprehensive Plan. (Ord. 83-037 § 2, 1983)
Chapter 18.04 (11/30/94) 21 (06/08/94)
Use. The purpose for which land or a
structure is designed, arranged or intended, or
for which it is occupied or maintained.
Utility Facility. Any major structures,
excluding hydroelectric facilities, owned or
operated by a public, private or cooperative
electric, fuel, communications, sewage or
water company for the generation, transmis-
sion, distribution or processing of its products
or for the disposal of cooling water, waste or
by-products, and including power transmission
lines, major trunk pipelines, power substations,
water towers, sewage lagoons, sanitary landfills
and similar facilities, but excluding local
sewer, water, gas, telephone and power
distribution lines, and similar minor facilities
allowed in any zone. (Ord. 86-018 § 2, 1986)
Variance. An authorization for the con-
struction or maintenance of a building or
structure, or for the establishment or mainte-
nance of a use of land, which is prohibited by
a zoning Ordinance.
A. Area Variance. A variance which
does not concern a prohibited use. Usually
granted to construct, alter or use a structure
for a permitted use in a manner other than
that prescribed by the zoning ordinance.
B. Use Variance. A variance which
permits a use of land other than that
prescribed by the zoning or other applicable
ordinances.
Veterinary Clinic. A place where animals or
pets are given medical attention and cared for
during the time of such treatment.
Vision Clearance Area. (Deleted by Ord.
91-038 § 4, 1991)
Visitor -Oriented Accommodations. With
respect to destination resorts, means overnight
lodging, restaurants and meeting facilities
designed to provide for the needs of visitors
rather than residents. (Ord. 92-004 § 2,
Exhibit B, 1992)
Walkway. A structure that is built over or
floats upon the waters of a lake, river or
stream and that provides access to a boat dock
or pier. (Ord. 89-009 § 2, 1989)
Wetland. An area that is inundated or
saturated by surface or ground water at a
013'7-10S0
frequency or duration sufficient to support,
and that under normal circumstances does
support a prevalence of vegetation typically
adapted for life in saturated soil conditions.
Wetlands include swamps, marshes, bogs and
other similar areas. (Ord. 86-056 § 2, 1986)
Winter Solar Heating Hours. The time
period extending two hours before and after
the solar zenith on December 21. (Ord. 83-
037 § 2, 1983)
Yard. An open space on a lot which is
unobstructed from the ground upward except
as otherwise provided in this title.
Yard, Front. A yard between side lot lines
measured horizontally at right angles to the
front lot line from the front lot line to the
nearest point of a building. Any yard meeting
this definition and adjoining on a street other
than an alley shall be considered a front yard.
Yard, Rear. A yard between side lot lines
measured horizontally at right angles from the
rear lot line to the nearest point of a building.
Yard, Side. A yard between the front and
rear yard measured horizontally at right angles
from the side lot lines to the nearest point of
a building.
Yard, Street Side. A yard adjacent to a
street between the front yard and rear lot line
measured horizontally and at right angles from
the side lot line to the nearest point of a
building.
Zero Lot Line. The location of a building
on a lot or parcel in such a manner that one
or more of the building's sides coincides with
a lot line. (Ord. 93-043 § 1, 1A, 1B, 1993;
Ord. 91-038 § 3, 1991)
Chapter 18.04 (11/30/94) 22 (06/08/94)
NOTE: Additions are in bold and underlined; and deletions are bracketed[ ]
Chapter 18.32
MULTIPLE USE AGRICULTURAL
MUA ZONE
Sections:
18.32.010
Purpose
18.32.020
Uses Permitted Outright
18.32.030
Conditional Uses Permitted
18.32.035
Destination Resorts
18.32.040
Dimensional Standards
18.32.050
Yards
18.32.060
Stream Setbacks
18.32.070
Rimrock Setback
In an MUA Zone, the following regulations
shall apply:
18.32.010 Purpose.
The purposes of the Multiple Use Agricul-
tural Zone are to preserve the rural character
of various areas of the county while permitting
development consistent with that character
and with the capacity of the natural resources
of the area; to preserve and maintain
agricultural lands not suited to full-time
commercial farming for diversified or part-
time agricultural uses; to conserve forest lands
for forest uses; to conserve open spaces and
protect natural and scenic resources; to main-
tain and improve the quality of the air, water
and land resources of the county; to establish
standards and procedures for the use of those
lands designated unsuitable for intense devel-
opment by the Comprehensive Plan, and to
provide for an orderly and efficient transition
from rural to urban land use.
18.32.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright: (Ord. 91-020 ss 1,
1991)
A. Agricultural use as defined in this
title.
B. A single family dwelling, or a
manufactured home subject to Section
013 7--1'7CO
18.116.070.
C. Propagation or harvesting of a forest
product.
D. Class I and II road or street projects
subject to approval as part of a land partition,
subdivision or subject to the standards and
criteria established by Section 18.116.230.
E. Class III road or street projects.
F. Non-commercial horse stables,
excluding horse events. (Ord. 94-008 § 10,
1994)
G. Horse events, including associated
structures, involving:
(1) Fewer than 10 riders;
(2) 10 to 25 riders, no more than two
times per month on non-consecutive days; or
(3) More than 25 riders, no more than
two times per year on non-consecutive days.
Incidential musical programs are not
included in this definition. Overnight stays by
participants, trainers or spectators in RVs on
the premises is not an incident of such horse
events. (Ord. 94-008 § 10, 1994)
18.32.030 Conditional Uses Permitted.
The following uses may be allowed subject to
Chapter 18.128 of this title: (Ord. 93-001 § 2,
1993; Ord. 91-038 ss 1, 1991).
A. Public use.
B. Semi-public use.
C. Commercial activities in conjunction
with farm use. The commercial activity shall
be associated with a farm use occuring on the
parcel where the commercial use is proposed.
The commercial activity may use, process,
store or market farm products produced in
Deschutes County or an adjoining county.
D. Dude Ranch.
E. Kennel and/or [animal hospital]
veterinary clinic.
F. Guest house.
G. Manufactured home as a secondary
accessory farm dwelling, subject to the
requirements set forth in Section 18.116.070.
(Ord. 91-005 ss 19, 1991).
H. Exploration for minerals. (Ord. 91-002
Chapter 18.32 (11/30/94) 1 (06/08/94)
ss 7, 1991; Ord. 90-014 ss 27, 1990).
I. Private parks, playgrounds, hunting
and fishing preserves, campgrounds,
motorcycle tracks, rodeo or livestock arenas
and other recreational uses.
J. Personal use landing strip for
airplanes and helicopter pads, including
associated hangar, maintenance and service
facilities. No aircraft may be based on a
personal -use landing strip other than those
owned or controlled by the owner of the
airstrip. Exceptions to the activities permitted
under this definition may be granted through
waiver action by the Aeronautics Division in
specific instances. A personal use landing
strip lawfully existing as of September 1, 1975,
shall continue to be permitted subject to any
applicable regulations of the Aeronautics
Division. (Ord. 91-038 ss 1, 1991; Ord. 91-020
ss 1, 1991).
K. Golf courses.
L. Home occupations. (Ord. 91-020 ss 1,
1991).
M. A facility for primary processing of
forest products, provided that such facility is
found to not seriously interfere with accepted
farming practices and is compatible with farm
uses described in ORS 215.203(2). Such a
facility may be approved for one-year period
which is renewable. These facilities are
intended to be only portable or temporary in
nature. The primary processing of a forest
product, as used in this section, means the use
of a portable chipper or stud mill or other
similar method of initial treatment of a forest
product in order to enable its shipment to
market. Forest products, as used in this
section, means timber grown upon a parcel of
land or contiguous land where the primary
processing facility is located.
(Nonfarm related single -wide ... repealed by
Ord. 91-005 ss 20, 1991; Ord. 80-206 ss 3,
1980).
N. Destination resorts.
O. Planned developments.
P. Cluster developments.
Q. Landfills when a written tentative
approval by the Department of Environmental
Chapter 18.32 (11/30/94)
2
Quality (DEQ) of the site is submitted with
the conditional use application.
R. Time-share unit or the creation
thereof. (Ord. 83-033 ss 2, 1983).
S. Hydroelectric facility, subject to
Sections 18.116.130 and 18.128.040(V). (Ord.
86-018 ss 7, 1986).
T. Storage, crushing and processing of
minerals, including the processing of aggregate
into asphaltic concrete or portland cement
concrete, when such uses are in conjunction
with the maintenance or construction of public
roads or highways. (Ord. 90-014 ss 35, 1990).
U. Bed and breakfast inn. (Ord. 91-038
ss 1, 1991).
V. Excavation, grading and fill and
removal within the bed and banks of a stream
or river or in a wetland subject to Sections
18.120.050 and 18.128.040(W). (Ord. 91-038 ss
1, 1991).
W. Churches, subject to Chapter 18.124
and Section 18.128.040(D) of this Code.
X. Private or Public Schools, including all
buildings essential to the operation of such a
school.
Y. Utility facility necessary to serve the
area subject to the provisions of Chapter
18.124 of this code. (Ord. 93-001 ss 1, 1993)
. Z. Cemetery, mausoleum or
crematorium. (Ord. 93-043 § 4, 4A, 4B, 1993)
AA. Commercial horse stables. (Ord. 94-
008 § 10, 1994)
BB. Horse events, including associated
structures, not allowed as a permitted use in
this zone. (Ord. 94-008 § 11, 1994)
18.32.035 Destination Resorts.
Destination resorts may be allowed as a
conditional use, subject to all applicable stan-
dards of the DR zone. (Ord. 92-004 § 4,
1992)
18.32.040 Dimensional Standards.
In an MUA Zone, the following dimensional
standards shall apply:
A. The minimum lot size shall be ten acres,
except planned and cluster developments shall
be allowed an equivalent density of one unit
(06/08/94)
per 7.5 acres and planned and cluster
developments within one mile of an
acknowledged urban growth boundary shall be
allowed a five -acre minimum lot size or
equivalent density. (Ord. 91-020 ss 1, 1991)
B. The minimum average lot width shall be
one hundred (100) feet and the minimum
street frontage fifty (50) feet.
C. The minimum average lot depth shall be
one hundred fifty (150) feet.
D. Building Height. No non-agricultural
building or structure shall be erected or
enlarged to exceed thirty (30) feet in height,
except as approved under Section 18.120.040.
(Ord. 92-055 § 4, 1992)
18.32.050 Yards.
A. The front yard setback from the
property line shall be a minimum of 100 feet
if such line is adjacent to an intensive agricul-
tural use; otherwise, the front yard shall be 20
feet for property fronting on a local street
right-of-way, 30 feet from a property line
fronting on a collector right-of-way, and 80
feet from an arterial right-of-way unless other
provisions for combining accesses are provided
and approved by the county.
B. Each side yard shall be a minimum of
20 feet, except on the street side, which shall
be a minimum of 30 feet. For parcels or lots
created before November 1, 1979, which are
one-half (1/2) acre or less in size, the side
yard setback may be reduced to a minimum of
10 feet. For parcels or lots adjacent to an
intensive agricultural use, the adjacent side
yard shall be a minimum of 100 feet. (Ord.
88-021 § 1, 1988)
C. Rear yards shall be a minimum of 25
feet, except when parcels or lots have rear
yards adjacent to an intensive agricultural use,
rear yards shall be a minimum of 100 feet.
(Ord. 91-020 § 1, 1991)
D. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 9, 1983)
E. In addition to the setbacks set forth
herein, any greater setbacks required by
applicable building or structural codes
U13"7 -17U
adopted by the State of Oregon and/or the
County under Chapter 15.04 of this title shall
be met. (Ord. 94-008 § 17, 1994)
18.32.060 Stream Setbacks.
To permit better light, air, vision, stream
pollution control, fish and wildlife areas and
to preserve the natural scenic amenities and
vistas along the streams and lakes, the follow-
ing setbacks shall apply:
A. All sewage disposal installations, such
as septic tanks and septic drainfields, shall be
set back from the ordinary high water mark
along all streams or lakes a minimum of 100
feet, measured at right angles to the ordinary
high water mark. In those cases where practi-
cal difficulties preclude the location of the
facilities at a distance of 100 feet and the
County Sanitarian finds that a closer location
will not endanger health, the Planning Direc-
tor or Hearings Body may permit the location
of these facilities closer to the stream or lake,
but in no case closer than 25 feet.
B. All structures, buildings or similar
permanent fixtures shall be set back from the
ordinary high water mark along all streams or
lakes a minimum of 100 feet measured at right
angles to the ordinary high water mark. (Ord.
91-020 § 1, 1991)
18.32.070 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 6,1986)
Chapter 18.32 (11/30/94) 3 (06/08/94)
0137-1703
NOTE: Additions are in bold and underlined; and deletions are bracketed [ ]
Chapter 18.64
RURAL SERVICE CENTER ZONE
RSC ZONE
Sections:
18.64.010
Purpose
18.64.020
Uses Permitted Outright
18.64.030
Conditional Uses Permitted
18.64.040
Limitations on Uses
18.64.050
Lot Size
18.64.060
Dimensional Standards
18.64.070
Stream Setback
18.64.080
Yards
18.64.090
Off -Street Parking and Loading
18.64.100
Rimrock Setback
In an RSC Zone, the following regulations
shall apply:
18.64.010 Purpose.
The purpose of the Rural Service Center
Zone is to provide standards and review
procedures for concentrations of local
commercial services to meet the needs of rural
residents, as well as limited tourist commercial
services consistent with the maintenance of
the rural character of the area.
18.64.020 Uses Permitted Outright.
In an RSC Zone, the following uses and
their accessory uses are permitted outright:
A. Farming, excluding livestock feed lot
or sales yard, subject to the restrictions in
Section 18.64.040, and hog and mink farms.
B. Single-family dwelling, or a
manufactured home subject to Section
18.116.070. (Ord. 91-020 § 1, 1991; Ord. 91-
005 § 33, 1991)
C. Retail store, office or service estab-
lishment.
D. Automobile service station.
E. Agriculturally oriented commercial
use.
F. Park, playground or community
building. (Church, school or cemetery deleted
by Ord. 91-038 § 1, 1991)
G. Utility facility, except landfills.
H. Television or radio station, transmitter
or tower.
I. Restaurant or cocktail lounge.
J. Class I and II road or street project
subject to approval as part of a land partition,
subdivision or subject to the standards and
criteria established by Section 18.116.230.
K. Class III road or street project. (Ord.
93-043 § 9, 1993)
18.64.030 Conditional Uses
Permitted.
The following uses may be allowed subject to
Chapter 18.128 of this title: (Ord. 91-038 ss 1,
1991)
A. Commercial residential use.
B. Multi -family dwelling.
C. Tourist or travelers' accommodations.
D. Manufactured home park and travel
trailer park. (Ord. 91-005 ss 34, 1991)
E. Kennel or [animal hospital] veterinary
clinic.
F. Automobile repair garage.
G. Commercial amusement or recreation
establishment.
H. Water supply and treatment facility.
I. Hog and mink farm.
J. Cluster development.
K. Planned development.
L. Home occupation.
M. Time-share unit or the creation
thereof (Ord. 83-033 ss 6, 1983)
N. Shopping complex subject to a master
plan and consistent with the specific use
standards established by Section
18.128.040(T). (Ord. 84-023 ss 3, 1984)
O. Mini -storage facility. (Ord. 91-038 ss
1, 1991)
P. Church, school or cemetery. (Ord. 91-
038 ss 1, 1991)
Q. Excavation, grading and fill and
removal within the bed and banks of a stream
or river or in a wetland subject to Sections
18.120.050 and 18.128.040(W). (Ord. 91-038 §
Chapter 18.64 (11/30/94) 1 (06/08/94)
1, 1991)
R. Public use.
S. Semi-public use. (Ord. 93-043 § 9A,
1993)
18.64.040 Limitations on Uses.
The following limitations shall apply to uses
allowed by Section 18.64.020(A), above:
A. . Cows, horses, goats or sheep shall not
be kept on lots having an area less than 20,000
square feet. The total number of all such
animals over the age of six months shall be
I
imited to the square footage of the lot
divided by 20,000 square feet, which is the
minimum area per animal. (Ord. 91-020 § 1,
1991)
B. The number of chickens, fowl or
rabbits over the age of six months shall not
exceed one for each 500 square feet of land.
C. All livestock shall be located a mini-
mum of 100 feet away from a residential
dwelling on an adjacent lot.
18.64.050 Lot Size.
A. The minimum average width of lots
served by an approved community, municipal
or public water system and an approved
community or public sewage system shall not
be less than 50 feet with a minimum area of
6,000 sq. ft.
B. The minimum average width of lots
served by either an approved community,
municipal or public water system or an
approved community or public sewage system,
but not served by both, shall not be less than
100 feet with a minimum area of 15,000 sq. ft.
C. The minimum average width of lots
not served by either an approved community,
municipal or public water system or an
approved community or public sewage system
shall be 150 feet with a minimum area of one
acre. Subject to the findings below, the
Hearings Body may approve a lot area of less
than one acre, but in no case shall a lot area
of less than 20,000 sq. ft. be approved. The
Hearings Body shall make all of the following
findings:
a. The lot can meet DEQ on-site sewage
0137-1704
disposal rules then in effect;
b. The approval of a smaller lot would
not significantly increase nitrate levels in the
ground water; and
C. The lot shall have a supply of potable
water that would not be affected by the
installation of an on-site sewage system. (Ord.
85-045 § 1, 1985; Re -adopted by Ord. 86-005
§ 1, 1986)
18.64.060 Dimensional Standards.
The following dimensional standards shall
apply in an RSC Zone:
A. Lot Coverage. The main building and
accessory buildings located on any building
site or lot shall not cover more than thirty
percent of the total lot area.
B. Building Height. No building or
structure shall be erected or enlarged to
exceed thirty (30) feet in height, except as
approved under Section 18.120.040. (Ord. 92-
055 § 13, 1992)
18.64.070 Stream Setback.
To permit better light, air, vision, stream or
pollution control, protect fish and wildlife
areas, and to preserve the natural scenic
amenities and vistas along the streams and
lakes, the following setback shall apply:
A. All sewage disposal installations, such
as septic tanks and septic drainfields, shall be
set back from the ordinary high water mark
along all streams or lakes a minimum of 100
feet, measured at right angles to the ordinary
high water mark. In those cases where practi-
cal difficulties preclude the location of the
facilities at a distance of 100 feet and the
County Sanitarian finds that a closer location
will not endanger health, the Planning Direc-
tor or Hearings Body may permit the location
of these facilities closer to the stream or lake,
but in no case closer than 25 feet.
B. All structures, buildings [or] and
similar permanent fixtures shall be set back
from the ordinary high water mark along all
streams or lakes a minimum of 100 feet
measured at right angles to the ordinary high
water mark. (Ord. 91-020 § 1, 1991)
Chapter 18.64 (11/30/94) 2 (06/08/94)
0137-17C5
18.64.080 Yards.
A. The minimum front yard shall be 20
feet.
B. The minimum side yard shall be 10
feet, except on the street side of a corner lot
it shall be 20 feet.
C. The minimum rear yard shall be 20
feet.
D. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 17, 1983)
E. In addition to the setbacks set forth
herein, any greater setbacks required by
applicable building or structural codes
adopted by the State of Oregon and/or the
County under Chapter 15.04 of this title shall
be mey. (Ord. 94-008 § 22, 1994)
18.64.090 Off -Street Parking and
Loading.
Off-street parking and loading shall be
provided subject to the provisions of Chapter
18.116.
18.64.100 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 14,
1986)
Chapter 18.64 (11/30/94) 3 (06/08/94)
0137-1706
NOTE: Additions are in bold and underlined; and deletions are brackets [ j
Chapter 18.68
RURAL SERVICE RESIDENTIAL - M
RSR -M ZONE
Sections:
18.68.010
Purpose
18.68.020
Uses Permitted Outright
18.68.030
Conditional Uses Permitted
18.68.040
Limitations on Uses
18.68.050
Lot Size
18.68.060
Dimensional Standards
18.68.070
Stream Setback
18.68.080
Yards
18.68.090 Off -Street Parking and Loading
18.68.100 Rimrock Setback
In an RSR -M Zone, the following regulations
shall apply:
18.68.010 Purpose.
The purpose of the Rural Service
Residential -M Zone is to permit and encour-
age the development of residential uses in the
rural service centers; provide for densities
compatible with a higher level of services
available; allow the opportunity for people to
enjoy life in a more rural environment without
impinging on the rural areas and assure
development compatible with the rural
character of the area.
18.68.020 Uses Permitted Outright.
The following uses and their accessory uses
are permitted outright. (Ord. 91-020 § 1,
1991)
A. Farming, excluding livestock feed lot
or sales yard, subject to the restrictions in
Section 18.68.040, and hog or mink farms.
B. The propagation and harvesting of
forest products.
C. Single-family dwelling, or a
manufactured home subject to Section
18.116.070. (Ord. 91-020 § 1, 1991; Ord. 91-
005 § 35, 1991)
D. Park, playground or community
building.
E. Utility facility.
F. Church, public school, cemetery.
G. Class I and II road or street projects
subject to approval as part of a land partition,
subdivision or subject to the standards and
criteria established by Section 18.116.230.
H. Class III road or street project. (Ord.
93-043 § 9A, 1993)
18.68.030 Conditional Uses
Permitted.
The following uses may be allowed subject to
Chapter 18.128 of this title: (Ord. 91-038 ss 1,
1991)
A. Two-family dwelling.
B. Private school.
(Mobile home ... repealed by Ord. 91-005 ss
36, 1991)
C. Water supply and treatment facility.
D. Medical clinic or veterinary clinic.
E. Sewage disposal and treatment
facility.
F. Cluster development
G. Planned development.
H. Home occupations.
I. Time-share unit or the creation
thereof. (Ord. 83-033 ss 7, 1983)
J. Bed and breakfast inn. (Ord. 91-038
ss 1, 1991)
K. Multi -family housing where
community or municipal sewer is available.
(Ord. 91-038 ss 1, 1991)
L. Excavation, grading and fill and
removal within the bed and banks of a stream
or river or in a wetland subject to Sections
18.120.050 and 18.128.040(W). (Ord. 91-038 ss
1, 1991)
M. Manufactured home park subject to
the density of the underlying zone. (Ord. 91-
038 ss 1, 1991)
N. Public uses. (Ord. 93-043 § 10A,
1993)
18.68.040 Limitations on Uses.
The following limitations shall apply to uses
Chapter 18.68 (11/30/94) 1 (06/08/94)
permitted by Section 18.68.020(A), above:
A. Cows, horses, goats or sheep cannot
be kept on lots having an area of less than
20,000 sq. ft. The total number of all such
animals over the age of six months shall be
limited to the square footage of the lot
divided by 20,000 square feet, which is the
minimum area per animal. (Ord. 91-020 § 1,
1991)
B. The number of chickens, fowl or
rabbits over the age of six months shall not
exceed one for each 500 square feet of prop-
erty.
C. All livestock shall be located a mini-
mum of 100 feet away from a residential
building on an adjacent lot.
18.68.050 Lot Size.
A. The minimum average width of lots
served by an approved community, municipal
or public water system and an approved
community or public sewage system shall not
be less than 50 feet with a minimum lot size
of 5,000 sq. ft.
B. The minimum average width of lots
served by either an approved community,
municipal or public water system or an
approved community or public sewage system,
but not served by both, shall not be less than
100 feet with a minimum lot size of 15,000
square feet.
C. The minimum average width of lots
not served by either an approved community,
municipal, or public water system or by an
approved community or public sewage system
shall be 150 feet with a minimum lot size of
one acre.
18.68.060 Dimensional Standards.
The following dimensional standards shall
apply in an RSR -M Zone:
A. Lot Coverage. The main and
accessory buildings located on any building
site or lot shall not cover in excess of thirty
percent of the total lot area.
B. Building Height. No building or
structure shall be erected or enlarged to
exceed thirty (30) feet in height, except as
0137-1707
approved under Section 18.120.040. (Ord. 92-
055 § 15, 1992)
18.68.070 Stream Setback.
To permit better light, air, vision, stream or
pollution control, protect fish and wildlife
areas, and preserve the natural scenic ameni-
ties and vistas along streams and lakes, the
following setback shall apply:
A. All sewage disposal installations, such
as septic tanks and septic drainfields, shall be
set back from the ordinary high water line
along all streams or lakes a minimum of 100
feet, measured at right angles to the ordinary
high water line. In those cases where practical
difficulties preclude the location of facilities at
a distance of 100 feet and the County Sanitar-
ian finds that a closer location will not
endanger health, the Planning Director or
Hearings Body may permit the location of
these facilities closer to the stream or lake,
but in no case closer than 25 feet.
B. All structures, buildings [or] and
similar permanent fixtures shall be set back
from the high water line or make along all
streams or lakes a minimum of 100 feet
measured at right angles to the ordinary high
water mark. (Ord. 91-020 § 1, 1991)
18.68.080 Yards.
A. The minimum front yard shall be 20
feet.
B. The minimum side yard shall be 10
feet, except on the street side of a corner lot,
it shall be 20 feet.
C. The minimum rear yard shall be 20
feet.
D. The setback from the north lot line
shall meet the solar setback requirements in
Section 18.116.180. (Ord. 83-037 § 18, 1983)
E. In addition to the setbacks set forth
herein, any greater setbacks required by
applicable building or structural codes
adopted by the State of Oregon and/or the
County under Chapter 15.04 of this title shall
be met. (Ord, 94-088 § 23, 1994)
18.68.090 Off -Street Parking and
Chapter 18.68 (11/30/94) 2 (06/08/94)
0137-1708
Loading.
Off-street parking and loading shall be
provided subject to the provisions of Chapter
18.116.
18.68.100 Rimrock Setback.
Setbacks from rimrock shall be as provided
in Section 18.116.160. (Ord. 86-053 § 15,
1986)
Chapter 18.68 (11/30/94) 3 (06/08/94)
0137-1709
NOTE: Additions are in bold and underlined; and deletions are bracketed [ ]
CHAPTER 18.88
WILDLIFE AREA COMBINING WA ZONE
Sections:
18.88.010
Purpose
18.88.020
Application of Provision
18.88.030
Uses Permitted Outright
18.88.040
Uses Permitted
Conditionally
18.88.050
Dimensional Standards
18.88.060
Siting Standards
18.88.070
Fencing Standards
In any zone which is a Wildlife Area
Combining Zone (WA), the requirements and
standards of this chapter shall apply in
addition to those specified in this title for such
underlying zone. If a conflict in regulations or
standards occurs, the provisions of this section
shall govern except that the larger minimum
lot size shall always apply. (Ord. 93-043 § 13,
13A, 1993)
18.88.010 Purpose
The purpose of the Wildlife Area Combining
Zone is to conserve important wildlife areas in
Deschutes County; to protect an important
environmental, social and economic element
of the area; and to permit development
compatible with the protection of the wildlife
resource.
18.88.020 Application of
Provisions
The provisions of this section shall apply to
all areas identified in the Comprehensive Plan
as a winter deer range, significant elk habitat,
antelope range or deer migration corridor.
Rural service centers are exempt from the
provisions of this title.
18.88.030 Uses Permitted Outright
In a zone with which the WA Zone is
combined, the uses permitted outright shall be
those permitted outright by the underlying
zone.
18.88.040 Uses Permitted
Conditionally
A. Except as provided in Section B, in a
zone with which the WA Zone is combined,
the conditional uses permitted shall be those
permitted conditionally by the underlying zone
subject to the provisions of the
Comprehensive Plan, Section 18.128 of this
title and other applicable sections of this title.
B. The following uses are not permitted
in the WA zone as conditional uses:
1. Golf course, not included in a
destination resort;
2. Commercial dog kennel;
3. Church;
4. Public school or private school;
5. Bed and breakfast inn;
6. Dude ranch;
7. Playground, recreation facility or
community center owned and operated by a
government agency or a non-profit community
organization;
8. Timeshare unit;
9. [Animal hospital] Veterinary clinic;
10. Fishing lodge.
C. An application for a destination
resort, or any portion thereof, in a Wildlife
Area Combining Zone shall not be accepted
pending completion of the County's Goal 8
destination resort mapping process.
18.88.050 Dimensional Standards
In a WA Zone, the following dimensional
standards shall apply:
A. In the Tumalo, Metolius, North
Paulina and Grizzly deer winter ranges
designated in the Comprehensive Plan
Resource Element, the minimum lot size for
new parcels shall be 40 acres except as
provided in section "D".
B. In areas designated as significant elk
habitat in the Comprehensive Plan Resource
Chapter 18.88 (11/30/94) 1 (10/93)
Element, the minimum lot size for new parcels
shall be 160 acres.
C. In areas designated as antelope range
in the Comprehensive Plan Resource Element,
the minimum lot size for new parcels shall be
320 acres.
D. Residential land divisions, including
partitions, in deer winter range where the
underlying zone is RR -10 or MUA-10, shall
not be permitted except as a planned
development or cluster development
conforming to the following standards:
1. The minimum area for a planned or
cluster development shall be at least 40 acres.
2. The planned or cluster development
shall retain a minimum of 80 percent open
space and conform with the provisions of
Sections 18.128.040(P) or (Q).
3. Notwithstanding the provisions of
Title 18.128.040(P) or (Q), or Title
18.60.060(C), the total number of residences
in a cluster development may not exceed the
density permitted in the underlying zone.
E. Residential land divisions, including,
partitions, in the Bend/La Pine Deer
Migration Corridor where the underlying zone
is RR -10 shall not be permitted except as a
cluster development conforming to the
following standards:
1. The minimum area for a cluster
development shall be at least 20 acres.
2. The cluster development shall retain
a minimum of 80 per cent open space and
conform with the provisions of Section
18.128.040(P) or (Q).
3. Notwithstanding the provisions of
Title 18.128.040(P), or Title 18.60.060(C), the
total number of residences in the cluster
development may not exceed the density
permitted in the underlying zone.
18.88.060 Siting Standards
A. Setbacks shall be those described in
the underlying zone with which the WA Zone
is combined.
B. New dwellings shall be located within
300 feet of public roads or easements or
private roads or easements existing as of
0137-1710
August 5, 1992 unless it can be found that:
1. Habitat values (Le., browse, forage,
cover, access to water) and migration
corridors are afforded equal or greater
protection through a different development
pattern; or,
2. The siting within 300 feet of such
roads or easements would force the dwelling
to be located on irrigated land, in which case,
the dwelling shall be located to provide the
least impact on wildlife habitat possible
considering browse, forage, cover, access to
water, migration corridors, and minimizing
length of new access roads.
18.88.070 Fence Standards
The following fencing provisions shall apply
as a condition of approval for any new fences
constructed as a part of development of a
property in conjunction with a conditional use
permit or site plan review.
A. New fences in the Wildlife Area
Combining Zone shall be designed to permit
wildlife passage. The following standards and
guidelines shall apply unless an alternative
fence design provides equivalent wildlife
passage is approved by the County after
consultation with the Oregon Department of
Fish and Wildlife:
1. The distance between the ground and
the bottom strand or board of the fence shall
be at least 15 inches.
2. The height of the fence shall not
exceed 48 inches above ground level.
3. Smooth wire and wooden fences that
allow passage of wildlife are preferred.
Woven wire fences are discouraged.
B. Exemptions:
1. Fences encompassing less than 10,000
square feet which surround or are adjacent to
residences or structures are exempt from the
above fencing standards.
2. Corrals used for working livestock.
(Ord. 92-042 § 1, 1992)
Chapter 18.88 (11/30/94) 2 (10/93)
0137-1711
NOTE: Additions are in bold and underlined; and deletions are bracketed [ ]
Chapter 18.128
CONDITIONAL USE
Sections:
Adjoining or Across a Street
18.128.010
Operation
18.128.015
General Standards
(J)
Governing Conditional
Uses
18.128.020
Conditions
18.128.030
Performance Bond
18.128.040
Specific Use Standards
(A)
Airport, Aircraft
(N)
Landing Field, Aircraft
Charter/Rental Service and
(0)
Service Maintenance Facility
(P)
Not Located in the A -D Zone
(B)
Automobile Wrecking
(Q)
Yard or Junkyard
(C)
Cemetery
(D)
Church, Hospital,
(T)
Nursing Home, Convalescent
(U)
Home, Retirement Home
(E)
Medical Clinic, Veterinary
Clinic, Club [s], Lodge [s],
(V)
Fraternal Organization [s],
(W)
Community Center[s], Grange
(X)
Hall[s], Golf Course[s],
Grounds and Buildings for
Games or Sports, Country
Club [s], Swimming, Boating,
Tennis Clubs and Similar
(Y)
Activities, Government
Structures and Land Uses,
Park, Playground
(F)
Dog Pounds and Kennels
(G)
Home Occupations
(H)
Landfill, Solid Waste Disposal
(AA)
Site
(I)
Commercial Use or Accessory
18.128.050
Use Not Wholly Enclosed
Within a Building, or a Retail
Establishment, Office, Service
18.128.060
Commercial Establishment,
Financial Institution, or
18.128.070
Personal or Business Service
18.128.080
Establishment on a Lot
Chapter 18.128 (11/30/94) 1 (06/08/94)
Adjoining or Across a Street
From a Lot in a Residential
Zone
(J)
Commercial Amusement
Establishment
(K)
Manufactured Home Park
(L)
Multi -Family Dwelling
Complex
(M)
Recreational Vehicle Park
(N)
Radio, Television Tower,
Utility Station or Substation
(0)
Schools
(P)
Cluster Development (Single
-Family Residential Uses Only)
(Q)
Planned Development
(R)
Planned Communities
(S)
Dude Ranches
(T)
Shopping Complex
(U)
High -Temperature Geothermal
Wells and Small -Scale
Geothermal Energy Facilities
(V)
Hydroelectric Facilities
(W)
Fill and Removal
(X)
Surface Mining of Resources
Exclusively for On -Site
Personal, Farm or Forest Use
or Maintenance of Irrigation
Canals
(Y)
Storage, Crushing and
Processing of Minerals in
Conjunction With the
Maintenance or Construction
of Public Roads or Highways
(Z)
Mini -Storage Facility
(AA)
Bed and Breakfast Inn
(BB)
Campground
18.128.050
Procedure for Taking Action
on Conditional Use
Application
18.128.060
Time Limit on a Permit for a
Conditional Use
18.128.070
Occupancy Permit
18.128.080
Time Share Unit
18.128.090
Building Permit for an
Approved Conditional Use
Chapter 18.128 (11/30/94) 1 (06/08/94)
18.128.010 Operation.
A. A conditional use listed in this title
shall be permitted, altered or denied subject
to the standards and procedures of this title;
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance; and the
Comprehensive Plan. (Ord. 86-032 § 1, 1986)
B. In the case of a use existing prior to
the effective date of this title and classified in
this title as a conditional use, any change in
use or lot area or an alteration of structure
shall conform with the requirements for a
conditional use.
18.128.015 General Standards
Governing Conditional
Uses.
Except for those conditional uses permitting
individual single-family dwellings, conditional
uses shall comply with the following standards
in addition to the standards of the zone in
which the conditional use is located and any
other applicable standards of this Chapter:
A. The site under consideration shall be
determined to be suitable for the proposed
use based on the following factors:
1[a]. Site, design and operating
characteristics of the use;
2[b]. Adequacy of transportation access to
the site; and
3[c]. The natural and physical features of
the site, including, but not limited to, general
topography, natural hazards and natural
resource values.
B. The proposed use shall be compatible
with existing and projected uses on
surrounding properties based on the factors
listed in (A) above.
C. These standards and any other
standards of this Chapter may be met by the
imposition of conditions calculated to insure
that the standard will be met. (Ord. 92-047 §
1, 1992)
18.128.020 Conditions.
In addition to the standards and conditions
set forth in a specific zone or in Chapter
18.124, the Planning Director or the Hearings
Chapter 18.128 (11/30/94)
0137-1712
Body may impose the following conditions
upon a finding that additional restrictions are
warranted.
A. Require a limitation on manner in
which the use is conducted, including restric-
tion of hours of operation and restraints to
minimize environmental effects such as noise,
vibrations, air pollution, glare or odor.
B. Require a special yard or other open
space or a change in lot area or lot dimension.
C. Require a limitation on the height,
size or location of a structure.
D. Specify the size, number, location and
nature of vehicle access points.
E. Increase the required street dedica-
tion, roadway width or require additional
improvements within the street right-of-way.
F. Designate the size, location, screening,
drainage, surfacing or other improvement of a
parking or loading area.
G. Limit or specify the number, size
location, height and lighting of signs.
H. Limit the location and intensity of
outdoor lighting and require shielding.
I. Specify requirements for diking,
screening, landscaping or other methods to
protect adjacent or nearby property and
specify standards for installation and mainte-
nance.
J. Specify the size, height and location
of any materials to be used for fencing.
K. Require protection and preservation
of existing trees, vegetation, water resources,
wildlife habitat or other significant natural
resources. (Ord. 91-020 § 1, 1991; Ord. 83-
037 § 24, 1983)
L. Require that a site plan be prepared
in conformance with Chapter 18.124 of this
title. (Ord. 91-038 § 1, 1991)
18.128.030 Performance Bond.
The Planning Director or Hearings Body
may require the applicant to furnish the
county with a performance bond or other
adequate form of assurance to guarantee
development subject to the standards and
conditions attached in granting a conditional
use permit. (Ord. 91-020 § 1, 1991)
2 (06/08/94)
18.128.040 Specific Use Standards.
A conditional use shall comply with the
standards of the zone in which it is located
and with the standards and conditions set
forth in this section.
A. Airports, Aircraft Landing Fields,
Aircraft Charter, Rental and Service
Maintenance Facilities Not Located in the A-
D Zone. The Planning Director or Hearings
Body shall find that the location and site
design of the proposed facility will not be
hazardous to the safety and general welfare of
surrounding properties and that the location
will not unnecessarily restrict existing and
future development of surrounding lands as
indicated in the Comprehensive Plan. (Ord.
93-043 § 23, 1993; 91-020 § 1, 1991)
B. Automobile Wrecking Yard or Junk-
: Before being issued a conditional use
permit, an automobile wrecking yard or
junkyard shall meet the following require-
ments:
1[a]. The yard shall be enclosed and
screened from public view by a sight -obscuring
fence not less than six feet in height.
2[b]. All automobiles, wrecked or other-
wise, shall be kept inside the fenced area at all
times, except that vehicles belonging to
customers may be parked outside of the
enclosed area while at the establishment or
business.
3[c]. All sales, display, storage, repair or
other handling of products, merchandise,
equipment and other articles shall occur from
an enclosed building or within the fenced
area.
4[d]. If applicable, the proposal shall
conform to state regulations. (Ord. 91-020 §
1, 1991)
C. Cemetery.
1. The Planning Director or Hearings
Body shall find that the terrain and soil types
of a proposed location are suitable for
internment, and that the nature of the subsoil
and drainage will not have a detrimental effect
on groundwater sources or domestic water
supplies in the area of the proposed use.
(Ord. 91-020 § 1, 1991)
0137-1713
D. Church Hospital Nursing Home,
Convalescent Home, Retirement Home.
1[a]. Such a use shall be authorized as a
conditional use only upon finding that suffi-
cient area is provided for the building,
required yards and off-street parking. Related
structures and uses such as a manse, parochial
school or parish house are considered separate
uses and additional lot areas shall be required
therefore.
2[b]. The applicant shall address the
following issues in the application:
a[1]. Location of the site relative to the
service area.
b[2]. Probable growth and needs thereof.
K[3]. Site location relative to land uses in
the vicinity.
d[4]. Conformity with Deschutes County
Public Works Department standards of
proposed access to and from principal streets
and the probable effect of the proposal on the
traffic volume of adjoining and nearby streets.
3[c]. Such uses or related buildings shall be
at least 30 feet from a side or rear lot line.
4[d]. Except in an A -H zone, such uses may
be built to exceed the height limitations of the
zone in which it is located to a maximum
height of 50 feet if the total floor area of the
building does not exceed the area of the site
and if the yard dimensions in each case are
equal to at least two-thirds of the height of
the principal structure. (Ord. 93-043 § 23A,
1993; 91-020 § 1, 1991)
E. Medical Clinic, Veterinary Clinic,
Club, Lodge, Fraternal Organization,
Community Center, Grange Hall, Golf
Courses, Horse Stable and Horse Events
requiring conditional uses, .Grounds and
Buildings for Games or Sports, Country Club,
Swimming, Boating, oating, Tennis Clubs and Similar
Activities, Government Structures and Land
Uses, Parks, Play rog_unds. In considering the
above, the Planning Director or Hearings
Body may authorize the conditional use after
it has been determined that the following will
be provided:
1[a]. Access from principal streets subject
to Deschutes County Public Works Depart -
Chapter 18.128 (11/30/94) 3 (06/08/94)
ment standards.
2[b]. Off-street parking subject to Section
18.116.030.
3[c]. Building and site design provisions,
including landscaping, that will effectively
screen neighboring uses from noiseiglare1
odor and other adverse impacts. (Ord. 94-008
§ 15, 1994; Ord. 91-020 § 1, 1991)
F. Dog Pounds and Kennels.
1. The Planning Director or Hearings
Body may authorize a dog pound or kennel as
a conditional use provided that building and
site design provisions are adequate to mini-
mize noise and odor. When necessary to
protect surrounding properties, the Hearings
Officer may require a sight -obscuring fence or
hedge and may restrict vehicular access and
loading facilities, especially those required by
trucks transporting large animals. (Ord. 91-
020 § 1, 1991)
G. Home Occupations. When permitted
as a conditional use and conducted as an
accessory use, a home occupation shall be
subject to the following limitations:
1[a]. The home occupation is to be second-
ary to the residential or other use for which a
dwelling has been permitted. It shall be
conducted only by members of the family
residing on the property. The home occupa-
tion shall be conducted in such a way that it
has no adverse impact on the residential, or in
resource zones, resource -oriented character of
its location. (Ord. 92-025 § 6, 1992)
2[b]. Any structure on the property where
the home occupation is conducted shall be of
a type normally associated with the zone
where it is located. No structural alterations
affecting the residential appearance of a
building shall be allowed to accommodate the
home occupation except when otherwise
required by law, and then only after the plans
for such alterations have been reviewed and
approved by the Planning Division. (Ord. 91-
020 § 1, 1991)
3[c]. The subject property shall have ade-
quate access and parking for the home occu-
pation. Traffic created by the business or
customers of the business shall not be of a
0137-1'714
volume or frequency that will cause distur-
bance or inconvenience to nearby land uses.
4[d]. All uses conducted on the subject
property shall comply with all requirements of
the Deschutes County Building and Safety
Division and the Environmental Health Divi-
sion and any other applicable state or federal
laws.
5[e]. The home occupation approval shall
be reviewed every twelve months by the Plan-
ning Division to ensure compliance with the
requirements of this section and the condi-
tions required for approval of the use.
6[f]. No materials or mechanical equip-
ment shall be used which will be detrimental
to the residential use of the property or
adjoining residences because of vibration,
noise, dust, smoke, odor, interference with
radio or television reception or other factors.
(Ord. 91-038 § 1, 1991)
H. Landfill, Solid Waste Disposal Site:
The Planning Director or Hearings Body may
authorize a landfill or other solid waste
disposal site as a conditional use, subject to
the following standards: (Ord. 91-020 § 1,
1991)
1[a]. The proposed site shall not create a
fire hazard, litter, insect or rodent nuisance, or
air or water pollution in the area.
2[b]. The proposed site shall be located in
or as near as possible to the area being
served.
3[c]. The proposed site shall be located at
least one-quarter mile from any existing
dwelling, home or public road (except the
access road).
4[d]. The proposed site shall be provided
with a maintained all-weather access road.
I. Commercial Use or Accessory Use
Not Wholly Enclosed Within a Building or a
Retail Establishment, Office, Service Commer-
cial Establishment, Financial Institution, or
Personal or Business Service Establishment on
a Lot Adjoining or Across a Street From a
Lot in a Residential Zone. In any zone, these
uses may be permitted conditionally subject to
the following standards:
1[a]. A sight -obscuring fence or evergreen
Chapter 18.128 (11/30/94) 4 (06/08/94)
hedge may be required by the Planning Direc-
tor or Hearings Body when he finds such a
fence or hedge or combination thereof is
necessary to preserve the values of nearby
properties or to protect the aesthetic character
of the neighborhood or vicinity.
2[b]. In addition to the requirements of the
applicable zone, the Planning Director or
Hearings Body may further regulate the
placement and design of signs and lights in
order to preserve the values of nearby proper-
ties, to protect them from glare, noise, or
other distractions or to protect the aesthetic
character of the neighborhood or vicinity.
3[c]. In order to avoid unnecessary traffic
congestion and hazards, the Planning Director
or Hearings Body may limit access to the
property. (Ord. 91-020 § 1, 1991)
J. Commercial Amusement Establish-
ment. A commercial amusement establish-
ment may be authorized after consideration of
the following factors:
1[a]. Adequacy of access from principal
streets together with the probable effect of
traffic volumes on adjoining and nearby
streets. (Ord. 91-020 § 1, 1991)
2[b]. Adequacy of off-street parking.
3[c]. Adequacy of building and site design
provisions to maintain a reasonable minimum
of noise and glare from the building and site.
(Section 10.1, Standards and Criteria
Related to Approval of Single -Wide. . .
repealed by Ord. 91-005 § 46, 1991; Ord. 80-
206 § 4, 1980)
K. Manufactured Home Park. A manu-
factured home park shall be built to state
standards in effect at the time of construction
and the following provisions:
1[a]. Evidence that the park will be eligible
for a certificate of sanitation as required by
state law.
2[b]. The space provided for each manufac-
tured home shall be provided with piped
potable water, electrical and sewerage connec-
tions.
3[c]. The number of spaces for manufac-
tured homes shall not exceed 12 for each acre
of the total acres in the manufactured home
013'7-1715
park. The Planning Director or Hearings
Body may vary this density as follows: (Ord.
91-020 § 1, 1991)
a[1]. If dedicated open space equals 50%
or more of the total area of the park, a
maximum 10% increase in units per acre may
be granted.
b[2]. If in addition to the requirements in
subsection (K)(c)(1) of this section a main-
tained playground area with approved equip-
ment such as goalposts, swings, slides, etc., is
provided, the maximum increase in units per
acre may be increased an additional 5%.
c[3]. If in addition to the requirements in
subsections (K)(3[c])(a[1]) and (b[2]) of this
section, approved recreation/community
building is provided an additional 10%
increase of units/acre may be allowed.
(Maximum total increase possible through
application of subsection (K)(3[c]) of this
section = 25%.)
4[d]. A manufactured home pad shall
occupy not more than 40% of the contiguous
space provided for the exclusive use of the
occupants of the home, exclusive of space
provided for the common use of tenants, such
as roadways, general use structure, parking
spaces, walkways and areas for recreation and
landscaping.
5[e]. No manufactured home pad in the
park shall be located closer than 15 feet from
another manufactured home pad or from a
general use building in the park. No manufac-
tured home accessory building or other build-
ing or structure on a manufactured home
space shall be closer than 10 feet from a
manufactured home accessory building or
other building or structure on another manu-
factured home space. No manufactured home
pad or other building or structure shall be
within 25 feet of a public street property
boundary or 10 feet or another property boun-
dary.
6[f]. Facilities shall be provided to assure
that there will be no outdoor storage of
furniture, tools, equipment, building materials
or supplies belonging to the management of
the park.
Chapter 18.128 (11/30/94) 5 (06/08/94)
1[g]. The land which is used for park
purposes shall be surrounded, except at entry
and exit places, by a sight -obscuring fence or
hedge not less than six feet in height.
S[h]. If the park provides spaces for 50 or
more manufactured home units, each
vehicular way in the park shall be named and
marked with signs which are similar in
appearance to those used to identify public
streets. A map of the named vehicular ways
shall be provided to the fire department.
9[i]. The park shall have water supply
mains designed to serve fire hydrants and
hydrants shall be provided within 500 feet of
such space or structure. Each hydrant within
the park shall be located on a vehicular way.
IOU]. A minimum of at least 2,500 square
feet plus 100 square feet per manufactured
home space shall be provided for recreational
play area, group or community activities. The
Planning Director or Hearings Body may
require this area to be protected from streets,
parking areas or the like by a fence or the
equivalent that conforms to fence regulations,
but is a least 30 inches in height where
allowed by fence ordinances. Unless other-
wise approved, no required open space area
shall contain less than 2,500 square feet.
Recreation areas shall be improved with grass,
plantings, surfacings or buildings suitable for
recreational use. No recreation facility
created within a manufactured home park
only to satisfy the requirements of this section
shall be open to the general public. (Ord. 91-
020 § 1, 1991)
11[k]. A parking space shall be provided for
each manufactured home space on the site.
Additional guest parking spaces shall be
provided in every manufactured home park
within 200 feet of the manufactured home
spaces served, at a ratio of one parking space
for each two manufactured home spaces.
Parking spaces shall have durable and dustless
surfaces adequately maintained for all-weather
use and shall be properly drained.
12[1]. All manufactured home parks over 10
acres in area shall be located with access on a
street designated as a collector street.
0137-1716
13[m]. All manufactured home parks con-
taining a total site area of five acres or more
shall provide a secondary access to the park.
Such secondary access shall enter the public
street system at least 150 feet from the
primary access.
14[n]. Lighting shall be installed along the
access ways of the manufactured home park
and the recreation area with lights of 100
watts or better not over 100 feet apart. Wires
for service to light poles and manufactured
home spaces shall be underground.
15[0]. Roadways within the park shall be
improved with an all-weather dustless surface
and shall be not less than 30 feet in width if
parking is permitted on the margin of the
roadway, or less than 20 feet in width if
parking is not permitted on the edge of the
roadway and an adequate designated area is
provided and improved for guest parking and
tenant recreational vehicles.
16[p]. All manufactured home parks shall
have a minimum lot size of one acre. (Ord.
91-005 § 47, 1991)
L. Multi -Family Dwelling Complex. A
multi -family dwelling complex shall comply
with the following provisions prior to occu-
pancy:
1[a]. The number of units permitted by the
applicable zone per gross square footage of a
site may be increased as follows:
a[1]. If dedicated open space which is
developed and landscaped equals 50% or
more of the total area of the site, a maximum
of 10% increase in the number of units may
be granted.
b[2]. If in addition to open space as pro-
vided in (1) above, a maintained playground
area with approved equipment such as goal-
posts, swings, slides, etc., is provided, the
number of units permitted may be increased
an additional 5%.
c[3]. If in addition to open space and
playgrounds as provided in (a[1]) and (b[2])
above, an approved recreational community
building is provided, an additional 10%
increase of units may be granted.
d[4]. The maximum total increase in dwell -
Chapter 18.128 (11/30/94) 6 (06/08/94)
ing units made possible by development of
open space, playgrounds and recreational
facilities shall be 25% of the number of units
otherwise allowed.
2[b]. There shall be no outdoor storage of
furniture, tools, equipment, building materials
or supplies belonging to the occupants or
management of the complex. Bicycle storage
shall be allowed in the provided sheltered
bicycle parking facilities (one parking space
per unit for complexes of four (4) units or
more). (Ord. 93-005 § 9, 1993
3[c]. If the complex or any unit thereof is
more than 500 feet from a public fire hydrant,
such shall be provided at appropriate locations
on a vehicular way and shall conform in
design and capacity to the public hydrants in
the nearest city.
4[d]. A minimum of 2,500 square feet plus
100 square feet per dwelling unit shall be
provided for recreation, including but not
limited to, playgrounds, playing fields and
facilities for group and community activities.
The area shall be improved with grassy areas,.
landscaping, surfacing, equipment or buildings
suitable for recreational use. The Hearings
Body may require recreational areas to be
screened from streets, parking areas or other
uses by a sight -obscuring fence. No play area
is required if more than 70% of the area is
preserved as open space and is improved and
landscaped for recreational enjoyment.
5[e]. All such complexes with more than 20
dwelling units shall be located to have access
on a street designated as a collector unless
otherwise approved by the Planning Director
or Hearings Body.
6[f]. All such complexes shall provide both
an ingress and egress.
7[g]. All roadways and parking areas shall
be paved, and roadways shall not be less than
20 feet in width, except as approved by the
Planning Director or Hearings Body.
8[h]. A sight -obscuring fence or evergreen
hedge may be required by the Hearings
Officer when such screening is necessary to
preserve the values of nearby properties,
protect the aesthetic character of the neigh-
0137-1717
borhood or vicinity and provide security for
occupants of the subject complex.
9[i]. All accessory structures associated
with such a complex shall be set back 50 feet
from the property line of an adjoining single-
family residential lot or use.
10[j]. Sewer and water facilities shall be
provided according to Oregon Department of
Environmental Quality standards. (Ord. 91-
020 § 1, 1991)
M. Recreational Vehicle Park. A recrea-
tional vehicle park shall conform to state stan-
dards in effect at the time of construction and
the following conditions:
1[a]. The space provided for each recrea-
tional vehicle shall be not less than 700 square
feet exclusive of any space used for common
areas such as roadways, general use structures,
walkways, parking spaces for vehicles other
than recreational vehicles and landscaped
areas.
2[b]. Roadways shall be not less than 30
feet in width if parking is permitted on the
margin of the roadway, or not less than 20
feet in width if parking is not permitted on the
edge of the roadway and shall be paved with
asphalt, concrete or similar impervious surface
and designed to permit easy access to each
recreational vehicle space. (Ord. 91-020 § 1,
1991)
3[c]. A space provided for a recreational
vehicle shall be covered with crushed gravel or
paved with asphalt, concrete, or similar
material and be designed to provide for the
control of runoff of surface water. The part
of the space which is not occupied by the
recreational vehicle, not intended as an access
way to the recreational vehicle or part of an
outdoor patio, need not be paved or covered
with gravel provided the area is landscaped or
otherwise treated to prevent dust or mud.
(Ord. 91-020 § 1, 1991)
4[d]. A recreational vehicle space shall be
provided with piped potable water and sewage
disposal service. A recreational vehicle
staying in the park shall be connected to the
water and sewage service provided by the park
if the vehicle has equipment needing such
Chapter 18.128 (11/30/94) 7 (06/08/94)
service.
5[e]. A recreational vehicle space shall be
provided with electrical service.
6[f]. Trash receptacles for the disposal of
solid waste materials shall be provided in
convenient locations for the use of guests of
the park and located in such number and of
such capacity that there is no uncovered
accumulation of trash at any time.
1[g]. No recreational vehicle shall remain
in the park for more than 30 days in any 60 -
day period.
8[h]. The total number of parking spaces in
the park, except for the parking provided for
the exclusive use of the manager or employees
of the park, shall be one space per recrea-
tional vehicle space. Parking spaces shall be
covered with crushed gravel or paved with
asphalt, concrete or similar material.
9[i]. The park shall provide toilets, lava-
tories and showers for each sex in the
following ratios: For each 15 recreational
vehicle spaces or any fraction thereof, one
toilet, one urinal, one lavatory and one shower
for men; two toilets, one lavatory and one
shower for women. The toilets and showers
shall afford privacy and the showers shall be
provided with private dressing rooms.
Facilities for each sex shall be located in
separate buildings, or, if in the same building,
shall be separated by a soundproof wall.
LOU]. The park shall provide one utility
building or room containing one clothes
washing machine, one clothes drying machine
and 15 square feet of space for clothes drying
lines for each 10 recreational vehicle spaces or
any fraction thereof, unless such facilities are
available within a distance of 3 miles and are
adequate to meet these standards.
11[k]. Building spaces required by subsec-
tions (M)(9[i]) and (10[j]) of this section shall
be lighted at all times of night and day, shall
be ventilated, shall be provided with heating
facilities which shall maintain a room temper-
ature of 68 degrees (F), shall have floors of
waterproof material, shall have sanitary
ceiling, floor and wall surfaces and shall be
provided with floor drains adequate to permit
0137-1'718
easy cleaning.
12[1]. Except for the access roadway into
the park, the park shall be screened on all
sides by a sight -obscuring fence not less than
six feet in height, unless otherwise approved
by the Planning Director or Hearings Body.
(Ord. 91-020 § 1, 1991)
13[m]. A neat appearance shall be main-
tained at all times. Except for vehicles, there
shall be no outside storage of materials or
equipment belonging to the park or to any
guest of the park. (Ord. 91-020 § 1, 1991)
14[n]. Evidence shall be provided that the
park will be eligible for a certificate of sanita-
tion as required by state law.
15[o]. Access to the recreational vehicle
park shall be from an arterial or collector
street. (Ord. 91-038 § 1, 1991)
N. Radio, Television Tower, Utility
Station or Substation.
1[a]. In a residential zone, all equipment
storage on the site may be required to be
within an enclosed building.
2[b]. The use may be required to be fenced
and landscaped.
3[c]. The minimum lot size for a public
utility facility may be waived on finding that
the waiver will not result in noise or other
detrimental effect to adjacent property.
4[d]. Transmission towers, posts, overhead
wires, pumping stations and similar
installations shall be located, designed and
installed to minimize conflicts with scenic
values. (Ord. 93-043 § 23B, 1993; 91-020 § 1,
1991)
O. Schools.
1[a]. Nursery schools shall provide and
maintain at least 100 square feet of outdoor
play area per child. A sight -obscuring fence at
least four feet but not more than six feet high
shall separate the play area from adjoining
lots.
2[b]. Elementary and secondary schools
shall provide a basic site area consistent with
state standards for the predicted ultimate
enrollment.
3[c]. Secondary schools shall provide a
basic site area of 10 acres plus one additional
Chapter 18.128 (11/30/94) 8 (06/08/94)
acre for each 100 pupils of predicted ultimate
enrollment.
P. Cluster Development (Single -Family
Residential Uses OpW.
1[a]. Such uses may be authorized as a
conditional use only after consideration of the
following factors:
a[1]. Need for residential uses in the
immediate area of the proposed development.
b[2]. Environmental, social and economic
impacts likely to result from the development,
including impacts on public facilities such as
schools and roads.
c[3]. Effect of the development on the
rural character of the area.
4[4]. Effect of the development on agricul-
tural, forestry, wildlife or other natural
resource uses in the area.
2[b]. The conditional use shall not be
granted unless the following findings are
made:
a[1]. Human activities, including all devel-
opment and alterations of the natural land-
scape, will be limited to 35 percent of the land.
and 65 percent shall be kept in open space
uses. The area of development shall be mea-
sured by drawing a continuous line around the
affected area 150 feet on either side of any
lot, building, road or other such facility. (Ord.
92-025 § 7, Exhibit D, 1992; Ord. 91-020 § 1,
1991)
b[2]. Uses permitted in the open space
area may include the management of natural
resources, trail systems or other outdoor uses
that are consistent with the character of the
natural landscape.
c[3]. All lots within the development shall
be contiguous to one another except for
occasional corridors which shall not be wider
than the average lot width, unless the Planning
Director or Hearings Body finds that special
circumstances warrant a wider corridor. (Ord.
91-020 § 1, 1991)
d[4]. In the rural zones, the cluster devel-
opment shall be located on the least produc-
tive land. (Ord. 92-025 § 7, Exhibit D, 1992)
e[5]. All subdivision requirements con-
tained in Deschutes County Code Title 17, the
U137-1'719
Subdivision/Partition Ordinance, shall be met.
46]. The total number of units may exceed
the overall density established by the mini-
mum lot size of the zone in which the
development is proposed by not more than 33
percent.
g[7]. The open space of the proposed
development may be platted as a separate
parcel or in common ownership of some or all
of the clustered units. However, the open
area shall not be subject to development
unless the whole development is brought
inside an urban growth boundary.
h[8]. Roads within the development shall
meet the requirements of the County Road
Department and shall be considered private
roads. An agreement acceptable to the Road
Department shall be required for the mainte-
nance of those roads.
i[9]. The rural character of the area shall
not be adversely affected.
,x[10]. All service connections shall be the
minimum length necessary and underground
where feasible. (Ord. 91-020 § 1, 1991)
k[11]. Private developments with private
roads shall provide bicycle and pedestrian
facilities. If the bikeways are constructed as a
part of the private roadway, they shall be at
least four (4) feet wide on each side of the
uncurbed roadway, resulting in a minimum
total roadway width of 28 feet. If the private
roads are constructed to the minimum
standard width of 20 feet, separated bike
paths built to County standards shall be
provided. If separated paths are meant to be
shared by pedestrians or other users, the
minimum width shall be 12 feet. Bicycle and
pedestrian facilities shall connect with the
County bicycle and pedestrian transportation
system. (Ord. 93-005 § 10, 1993)
1[12]. Bicycle and pedestrian connections
shall be provided at the ends of cul-de-sacs, at
mid -block, between subdivision plats, etc., in
the following situations. Connections shall
have a 20 -foot right-of-way, with at least a 10 -
foot -wide useable surface, shall be as straight
as possible, and shall not be more than 400
feet long. (Ord. 93-005 § 10, 1993)
Chapter 18.128 (11/30/94) 9 (06/08/94)
i. In residential areas and industrial
parks where the addition of a connection
would reduce the walking or cycling distance
to an existing or planned transit stop, school,
shopping center, or neighborhood park by 400
feet and by at least 50% over other available
routes.
ii. For schools or commercial uses where
the addition of a connection would reduce
walking or cycling distance to an existing or
planned transit stop, school, shopping center,
or neighborhood park by 200 feet or by at
least 50% over other available routes.
iii. For cul-de-sacs or dead end streets
where a street connection is determined by
the Hearings Officer or Planning Director to
be infeasible or inappropriate. (Ord. 93-005
§ 10, 1993)
3[c]. All applications shall be accompanied
by a plan with the following information:
a[1]. A plat map meeting all the subdivi-
sion requirements of Deschutes County Code
Title 17, the Subdivision/Partition Ordinance.
h[2]. An open space management plan.
which includes designation of proposed open
space on the plat, a written management plan
and deed restrictions that retain the open
space in perpetuity. (Ord. 91-020 § 1, 1991)
c[3]. A written agreement establishing an
acceptable homeowners association assuring
the maintenance of common property in the
development.
4[d]. Dimensional Standards:
a[1]. Setbacks and height limitations shall
be as prescribed in the zone in which the
development is proposed unless adequate
justification for variation is provided the
Planning Director or Hearings Body, but in no
case shall the setbacks be less than 25 feet or
the height greater than 40 feet. (Ord. 91-020
§ 1, 1991)
b[2]. Minimum area for a cluster develop-
ment shall be 5 acres unless otherwise limited
by the zone in which it is proposed.
5[e]. Conditions for phased development
shall be specified and performance bonds
shall be required by the Planning Director or
Hearings Body to assure completion of the
0137-17-20
project as stipulated. (Ord. 91-020 § 1, 1991;
Ord. 84-015 § 3, 1984)
Q. Planned Development.
1[a]. Such uses may be authorized as a
conditional use only after consideration of the
following factors:
a[1]. Proposed land uses and densities.
h[2]. Building types and densities.
c[3]. Circulation pattern, including bicycle
and pedestrian circulation, and a
demonstration of how those facilities connect
to the County transportation facilities. Private
developments with private roads shall provide
bicycle and pedestrian facilities. (Ord. 93-005
§ 11, 1993)
d[4]. Bicycle and pedestrian connections
shall be provided at the ends of cul-de-sacs, at
mid -block, between subdivision plats, etc.,
wherever the addition of such a connection
would reduce the walking or cycling distance
to a connecting street by 400 feet and by at
least 50% over other available routes. These
connections shall have a 20 -foot right -of --way,
with at least a 10 -foot -wide useable surface,
and should not be more than 100 feet long if
possible. (Ord. 93-005 § 11, 1993)
e[5]. Parks, playgrounds, open spaces.
46]. Existing natural features.
g[7]. Environmental, social, energy and
economic impacts likely to result from the
development, including impacts on public
facilities such as schools, roads, water and
sewage systems, fire protection, etc. (Ord. 91-
020 § 1, 1991)
h[8]. Effect of the development on the
rural character of the area.
i[9]. Proposed ownership pattern.
1[10]. Operation and maintenance proposal
(i.e., homeowners association, condominium,
etc.).
k[11]. Waste disposal facilities.
1[12]. Water supply system.
m[13]. Lighting.
1![14]. General timetable of development.
2[b]. The conditional use may be granted
upon the following findings:
a[1]. All subdivision restrictions contained
Chapter 18.128 (11/30/94) 10 (06/08/94)
in Deschutes County Code Title 17, the
Subdivision/Partition Ordinance, shall be met.
b[2]. The proposed development conforms
to the Comprehensive Plan.
43]. Any exceptions from the standards of
the underlying district are warranted by the
design and amenities incorporated in the
development plan and program.
d[4]. The proposal is in harmony with the
surrounding area or its potential future use.
t[5]. The system of ownership and the
means of developing, preserving and main-
taining open space is adequate.
#6]. That sufficient financing exists to
assure the proposed development will be
substantially completed within four years of
approval.
g[7]. Sixty-five percent of the land is to be
maintained in open space.
b[8]. Adequate provision is made for the
preservation of natural resources such as
bodies of water, natural vegetation and special
terrain features.
3[c]. a[1]. All applications for planned.
developments shall include the materials and
information required for approval of a subdi-
vision as specified in Deschutes County Code
Title 17, the Subdivision/Partition Ordinance
and the materials and information required
for approval of a conditional use as specified
in this title. (Ord. 91-020 § 1, 1991)
b[2]. Approval for the conditional use
application and the planned development
application may be given simultaneously.
4[d]. Dimensional Standards:
A[I]. Setbacks and height limitations shall
be as determined by the Planning Director or
Hearings Body upon review of the evidence
submitted. (Ord. 91-020 § 1, 1991)
b[2]. Densities shall not exceed that estab-
lished by the underlying zone.
c[3]. The minimum lot area, width, front-
age and yard requirements otherwise applying
to individual buildings in the zone in which a
planned development is proposed do not
apply within a planned development. An
equivalent overall density factor may be
utilized in lieu of the appropriate minimum lot
0137-1721
area.
d[4]. Minimum size for a planned develop-
ment shall be 40 acres.
5[e]. Any commercial use permitted
outright in the RSC Zone will be allowed in a
planned development, subject to the following
conditions:
a[1]. Each use shall be wholly enclosed in
a building.
b[2]. The total area of such uses shall not
exceed 3% of the total area of the planned
development.
R. Planned Communities.
1[a]. Such uses may be authorized as a
conditional use only after consideration of the
factors listed in subsection (Q)(1[a]) of this
section.
2[b]. The conditional use may be granted
upon the findings specified in subsection
(Q)(2[b]) of this section, except that there
must be an additional finding that the planned
community will actually function as an
independent community.
3[c]. All applications shall be submitted in
the form and with the materials required of
subdivisions as required by Deschutes County
Code Title 17, the Subdivision/Partition Ordi-
nance, and shall also meet the requirements of
this title for the approval of conditional uses.
4[d]. Dimensional standards shall be deter-
mined as specified in subsection (Q)(4[d]) of
this section, except that the minimum size for
a planned community shall be 640 acres.
%e]. Phased development of the project
may be permitted if agreed to by the Planning
Director or Hearings Body at the time of the
initial application. Conditions of approval for
phased development shall be specified and
performance bonds required by the Planning
Director or Hearings Body to assure comple-
tion of the project as stipulated. (Ord. 91-020
§ 1, 1991)
S. Dude Ranches.
1[a]. Such uses may be authorized as a
conditional use only after consideration of the
factors listed in subsection (Q)(1[a]) of this
section.
2[b]. The conditional use may be granted
Chapter 18.128 (11/30/94) 11 (06/08/94)
upon the findings specified in subsection
(R)(2[b]) of this section.
3[c]. All applications shall be submitted in
the form and with the materials required of
subdivisions by Deschutes County Code Title
17, the Subdivision/Partition Ordinance, and
shall also meet the requirements in this title
for the approval of conditional uses.
4[d]. Dimensional standards are the same
as those in subsection (Q)(4[d]) of this
section, except that the density of a dude
ranch may be greater or less than the density
of the underlying zone upon findings by the
Planning Director or Hearings Body that the
change is warranted and that the proposed
density does not violate the purpose of the
underlying zone or other terms of this title.
5[e]. Phased development of the project
may be permitted if agreed to by the Planning
Director or Hearings Body at the time of the
initial application. Conditions of approval for
phased development shall be specified and
performance bonds required by the Planning
Director or Hearings Body to assure comple-
tion of the project as stipulated. (Ord. 92-004
§ 12, 1992; Ord. 91-020 § 1, 1991)
T. Shopping Complex.
1[a]. Such uses may be authorized as a
conditional use only after a determination is
made by the Planning Director or Hearings
Body.
A[11. That the public interest will be served
by approval of the proposal based on analysis
of environmental, social and economic and
energy impacts likely to result from the
development. Analysis may include, but not
be limited to, consideration of impacts on
public facilities such as roads, water supplies,
sewer systems and police and fire protection.
b[2]. That the entire complex shall be
completed within one year or a master plan
shall be submitted that explains the phased
development of the project. The master plan
shall specify a timetable of completion for all
phases of the project. The master plan shall
be fully implemented within five years or
extended subject to the terms of Deschutes
County Code Title 22, the Uniform Develop-
0137-1722
ment Procedures Ordinance.
c[3]. That there is adequate area for the
buildings, landscaping, parking, septic systems
and access to serve the proposed development.
d[4]. That the use is consistent with the
character of the area and is not detrimental to
the land use pattern of the area.
e[5]. That the proposed shopping complex
is to be developed and managed as a total
entity, with a plan for maintenance of all
elements of the site plan.
f[6]. The proposed shopping complex is
appropriate for serving the needs of rural
residents in the area.
g[7]. The proposed shopping complex will
not attract residents outside the rural area to
be serviced. (Ord. 91-020 § 1, 1991; Ord. 84-
023 § 4, 1984)
U. High -Temperature Geothermal Wells
and Small -Scale Geothermal Energy Facilities.
1[a]. Applicants shall provide the following
information:
1![1]. Project Description. A detailed
narrative which describes the applicant's plan
of operations for exploration, production,
utilization, and/or injection. This description
shall include estimated starting and comple-
tion dates for each activity or phase of the
project. It shall also include a concise but
comprehensive discussion of the project's
expected environmental impacts. This narra-
tive shall also include as an exhibit a state-
ment describing the applicability of all local,
state or federal inventories of Statewide
Planning Goal 5 resources in the project
vicinity.
b[2]. Maps. As may be required by the
Planning Director or Hearings Body, maps
shall be submitted on readily reproducible
transparencies as follows: (Ord. 91-020 § 1,
1991)
L A topographic map, of a scale not less
than one inch to one-half mile, on which the
following are shown: all pertinent property
ownership and geothermal lease boundaries;
the location of all proposed, existing and
abandoned geothermal wells and/or energy
facilities; all existing and planned access roads;
Chapter 18.128 (11/30/94) 12 (06/08/94)
major drainage patterns of the project's
operational area; and significant environ-
mental features and natural resource
locations, including but not limited to:
mineral or aggregate deposits, fish and wildlife
habitats, ecologically or scientifically notable
natural area, outstanding scenic views,
wetlands, surface water bodies, wilderness
areas, historic and cultural sites and recreation
trails and facilities.
ii. A map of the project site, of a scale
not less than one inch to fifty feet, on which is
shown a detailed layout of all drilling pads,
sumps, equipment, buildings, pipelines, power
lines and related facilities.
iii. Other specialized maps, plans or
drawings as may be required by the Planning
Director or Hearings Body, including but not
limited to: a larger -scale map to show any of
the foregoing information if details cannot be
satisfactorily indicated on the smaller scale
map; detailed engineering drawings for any
construction at a location on steep terrain,
potentially unstable ground or other geologi-
cally or environmentally sensitive areas; and
engineering drawings of new road construction
or existing road modification when such roads
are in rugged terrain, or pass through or near
environmentally sensitive areas. (Ord. 91-020
§ 1, 1991)
c[3]. Emergency Contingency Plan. A
detailed emergency contingency plan which
addresses prevention or control of fires, blow-
outs, pollution incidents, accidents, injuries
and adverse weather conditions. This plan
shall describe the following:
i. How the emergency will or might
affect the applicant's operations; or endanger
personnel, public health, safety or the environ-
ment.
ii. Measures proposed to prevent,
control, mitigate or minimize the possible
negative effects of emergency incidents.
iii. Procedures for training and instruct-
ing personnel as to proper procedures for pre-
venting, controlling or minimizing the impacts
of emergency incidents.
iv. Where and how stand-by emergency
0137-1723
control equipment and services are to be
obtained in the event of an emergency inci-
dent.
V. Notification list with order of notifi-
cation, including names, telephone numbers
and addresses of the applicant's responsible
officials and those of applicable emergency
service agencies.
vi. Where and how first aid, and minor
and major medical aid will be obtained if
needed during work on the project.
d[4]. For drilling applications, a narrative
and diagrammatic description of the following:
L The type and capacity of drilling
equipment to be used.
ii. The expected drilling schedule.
iii. The drilling method to be used; type
of circulating media to be used, e.g., water,
mud, foam, air or combination thereof;
chemical additives to be used; circulating
media cooling measures to be employed; and
amounts of reserve circulating media and
water to be kept on the drill site. If toxic
materials are to be used, protective measures
must be explained in detail.
iv. The number and type of workers to
be employed during drilling.
V. The safety provisions and emergency
shutdown procedures to be used for protec-
tion of the public health and the environment.
vi. The planned use, source, quality and
consumption rate for any outside water
supply.
vii. The method and locations for disposal
of wastes.
viii. A description of the intended site
restoration procedures to be used after com-
pletion of drilling.
ix. When approved by the Planning
Director or Hearings Body, applications for
prospect wells, as defined by ORS
522.005(15), may satisfy the information
requirements of paragraphs (U)(1[a])(a[1])
through (U)(1[A])(4[4]), above by submission
of a copy of the applicant's prospect well
permit application to the Oregon Department
of Geology & Mineral Industries. (Ord. 91-
020 § 1, 1991)
Chapter 18.128 (11/30/94) 13 (06/08/94)
e[5]. For energy facility applications, a
narrative and diagrammatic description of the
following:
L The structures, equipment and
support facilities to be used in the project and
their manner of operation.
ii. A description of the purpose and
operational characteristics of the major
components in the energy facility, including
schematic flow diagrams.
iii. An artist's rendering which illustrates
the visual appearance of the facility and its
immediate environs after completion.
iv. A time schedule for the installation
and start-up of the facility.
V. The number and type of construction
and permanent workers to be employed at the
facility.
vi. The safety provisions and emergency
shutdown procedures to be used in the facility
for protection of the public health and envi-
ronment, including a schedule for testing and
maintaining safety devices.
vii. The planned use, source, quality and.
consumption rate for any outside water
supply.
viii. The method and locations for disposal
of wastes.
ix. A description of facility monitoring to
assure continuing compliance with applicable
noise, air and water quality standards and
regulations and for other potentially signifi-
cant environmental impacts.
X. A description of the intended aban-
donment and site restoration procedures to be
used if and when the facility is permanently
taken out of operation.
2[b]. The siting, drilling, operation and
abandonment of wells and energy facilities
shall comply with the following standards:
a[l]. Excluded Areas. No activity shall be
permitted in inventoried natural resource
areas, as defined by Oregon Statewide Plan-
ning Goal 5, which the county has determined
to be unsuitable for any use other than the
inventoried natural resource pursuant to
Geothermal Policy 4(f) of the Comprehensive
Plan.
0137-1724
b[2]. Scenic Protection. Activities shall be
designed and conducted to be as compatible
as practical with surrounding scenic and visual
characteristics. Energy facilities shall be
designed to minimize their visual profile and
they shall be painted or prepared to be non -
reflective and of colors which blend with and
reduce contrast with surrounding landscape
colors. (Ord. 91-020 § 1, 1991)
c[3]. Fish and Wildlife Protection. Activi-
ties shall be designed, conducted and moni-
tored, so as to assure protection of surround-
ing fish and wildlife resources. Activities shall
not encroach upon or jeopardize habitat areas
which are necessary to sustain local or
migratory populations of fish and wildlife
determined by the county to be significant.
4[4]. Protection of Historic and Cultural
Resources. Activities shall be designed and
conducted to avoid disturbance of historic and
cultural resources. If such resources are
discovered, the applicant shall cease construc-
tion or operations and inform the county of
the discovery within 48 hours. Thereafter, the
applicant shall submit a plan for preservation
and interpretation of such resources and
implement the plan before resumption of con-
struction or operations. (Ord. 91-038 § 1,
1991)
e[5]. Access Roads. Activities shall be
designed and constructed to utilize existing
roads as much as practical. (Ord. 91-020 § 1,
1991)
ff6]. Signs. All well and facility sites shall
have a sign of not less than three, nor more
than six, square feet in surface area promi-
nently erected, which displays the site's name
or identification number; the operator's name,
address and phone number; the name and
phone number of the operator's representative
to be contacted in the event of an emergency.
g[7]. Earth Work. Drill pads, pipeline
routes, facility sites and roads shall be
designed and constructed as follows:
L Plans for drill pads, pipelines, facility
sites and roads shall be prepared by a regis-
tered civil engineer.
ii. Upon commencement of site work,
Chapter 18.128 (11/30/94) 14 (06/08/94)
topsoil shall be removed and stockpiled for
later respreading over disturbed areas prior to
revegetation subject to subsection (U)(3[c]) of
Section 18.128.040. Except for large stumps,
vegetation removed during initial site work
shall be chipped, stockpiled and respread with
topsoil. Stumps shall be buried outside of
fills. Vegetation beyond the site perimeter
shall not be disturbed; the clearing limits for
the site shall be specified in plans submitted
to the county. Buffer zones of undisturbed
soil and vegetation shall be maintained for 500
feet on either side of stream courses. Roads
and pipelines crossing riparian areas shall be
designed and constructed at minimum widths
and in consideration of maximum erosion
control.
iii. Fills shall be compacted to a
minimum of 90% relative density (ASTM D-
1557) to minimize erosion. If significant
erosion occurs, the applicant shall take
prompt remedial action. (Ord. 91-020 § 1,
1991)
iv. Fill slopes shall not exceed a gradient
of 2:1. The toes of all fills shall be stabilized
with rock or keyed into stable soil and placed
to reduce erosion potential to an absolute
minimum. Revegetation of fill slopes shall be
carried out subject to subsection (U)(3[c]).
Cut slopes shall not exceed a gradient of 1
1/2:1. Modification of these slope gradients
may be made upon written approval of the
Deschutes County Public Works Director.
V. Subdrains shall be provided under all
fills where natural drainage courses and
seepage are evident.
vi. No drill pads, pipelines, facility sites
or access roads shall be allowed on potentially
active landslides.
vii. Grading and filling shall be designed
to channel storm runoff to existing natural
drainages. Energy dissipaters and collection
devices to reduce the erosion force of unnatu-
ral runoff shall be provided.
viii. Sumps shall be designed to withstand
both static loads and dynamic loads imposed
by potential seismic events. Sumps shall be
constructed of material compacted to a mini-
0137-1725
mum of 90% relative density (ASTM D1557),
and shall be lined with either clay or an
equivalent impermeable membrane. Safety
fencing may be required.
ix. Sumps shall be operated in a way that
will preclude overtopping. Three feet of free
board shall be maintained at all times when
sumps are in use. Upon completion of drilling
and testing, sumps shall be purged of environ-
mentally harmful chemicals and precipitates
and backfilled immediately. (Ord. 91-020 § 1,
1991)
h[8]. Pipelines. All pipelines shall be
designed and constructed subject to applicable
state standards. Pipelines shall be subsurface
at road crossings, unless it is demonstrated
that no significantly adverse visual impacts will
result from above -ground crossings. In no
case shall pipelines impede vehicular traffic.
Catch basins and drainages to acceptable
receptacles shall be installed and continuously
maintained in order to contain condensate.
i[9]. Noise. Activities shall be conducted
in compliance with Oregon Department of
Environmental Quality noise standards. Noise
from drilling and facility operation shall be
muffled and times of operation limited to
prevent a public nuisance as defined by DEQ.
The county may require noise monitoring and
reporting over and above that required by the
Department of Environmental Quality. (Ord.
91-020 § 1, 1991)
j[10]. Fire Protection. Activities shall be
designed and conducted to provide fire pro-
tection measures acceptable to the county, any
adjacent land management agency and any fire
district in which the project is located.
k[11]. Waste Disposal. All wastes generated
by a project, including but not limited to
refuse, drilling fluids, drill cuttings, sand,
precipitates and other solids shall be disposed
of in a manner and at a location in confor-
mance with Oregon Department of Environ-
mental Quality standards.
1[12]. Public Safety. Activities shall be
designed and conducted to prevent access by
unauthorized persons to unattended equip-
ment and operational areas. (Ord. 91-020 § 1,
Chapter 18.128 (11/30/94) 15 (06/08/94)
1991)
m[13]. Air Quality. Activities shall be
designed and conducted to comply with the air
quality standards of the Oregon Department
of Environmental Quality. Operational areas
and access roads shall be regularly sprinkled
with clean water to control dust. Except for
prospect drilling, as defined by ORS
522.005(15), the county may require establish-
ment of a meteorological station and
meteorological monitoring at the site.
n[14]. Water Quality. Activities shall be
designed and conducted to comply with the
water quality standards of the Oregon
Department of Environmental Quality. The
equipment service and fuel transfer areas, and
the area occupied by drilling rigs shall drain
into sumps. No fluids of any type shall be
allowed to enter stream courses.
0[15]. Subsidence and Induced Seismicity.
Activities shall be designed and conducted to
minimize the potential for land subsidence or
induced seismicity which could result from the
withdrawal and/or injection of geothermal
fluids. Except for prospect drilling, as defined
by ORS 522.005(15), the county may also
require establishment of monitoring program
to gauge such impacts during operations. If
either subsidence or induced seismicity is
determined by the county to present a
significant hazard, the county may require
remedial action including, but not limited to,
reduced production rates, increased injection
of waste water or other non-toxic fluids or
suspension of production. (Ord. 91-020 § 1,
1991)
p[16]. Clean-up. Upon completion of each
phase of a project, the site shall be promptly
cleared of all trash, refuse and other waste
material. All drilling equipment shall be
removed from well pads within 60 days of the
completion of a well.
g[17]. Well Drilling Completion Notice.
Applicants shall notify the county in writing of
completed well drilling and testing within 7
days of said completion. Applicants shall
notify the county in writing of suspended
drilling within 7 days of said suspension, when
0137-1'720
such suspension is expected to last longer than
180 days.
r[18]. Standby Wells. Wells which have
encountered geothermal resources and which
are awaiting connection to a pipeline or
energy facility shall be maintained at a
minimum steam bleeding rate in compliance
with Oregon Department of Geology and
Mineral Industry standards. The area sur-
rounding the wellhead pads of standby wells
and producing wells shall be subject to the
revegetation requirements of subsection
(U)(c).
s[19]. Re -Entry of Wells. Applicants may
redrill or otherwise re-enter the same well-
bore of any well for which a conditional use
permit has already been issued as long as all
conditions for the use permit continue to be
met.
1[20]. Site Abandonment and Restoration.
When a well or facility is permanently aban-
doned, the applicant shall remove all equip-
ment, structures and other related material
within 180 days from the date operations
cease. Thereafter, the applicant shall regrade
the area of operations to match original land
contours as closely as practical and shall
revegetate the area subject to subsection
(U)(3[c]) of 18.128.040, below.
3[c]. Revegetation. Following the comple-
tion of well drilling, or the permanent aban-
donment of a well or facility, the applicant
shall revegetate the area of operations as
follows:
a[1]. Previously stockpiled topsoil and
chipped vegetation shall be respread over
disturbed areas prior to reseeding.
b[2]. Disturbed areas shall be reseeded
with native plants and grasses in the first fall
following completion of drilling or site aban-
donment. Temporary fencing of reseeded
areas may be required to facilitate revegeta-
tion. The revegetation shall be evaluated by
the county during the first spring following
initial reseeding, and if determined to have re-
sulted in less than a 75% survival rate, addi-
tional revegetation shall be required in the
immediately succeeding fall season. (Ord. 93 -
Chapter 18.128 (11/30/94) 16 (06/08/94)
043 § 23C, 23D, 23E, 23F, 23G, 1993; 85-002
§ 9, 1985)
V. Hydroelectric Facilities.
1[a]. The criteria set forth below shall
apply to any construction or expansion of, or
other modification to, hydroelectric facilities
in zones where such facilities are permitted as
a conditional use. A conditional use permit
may be granted for the construction or
expansion of, or other modification to, a
hydroelectric facility only upon findings by the
Planning Director or Hearings Body that the
proposal meets each of the following criteria,
where applicable: (Ord. 91-020 § 1, 1991)
A[l]. The facility is located at and physi-
cally connected to an existing man-made
diversion or impoundment.
b[2]. The facility will not increase the
maximum surface area or capacity of the
impoundment created by the existing dam or
diversion to which the facility will be
connected.
c[3]. The facility will maintain or enhance
to the greatest extent possible the existing.
scenic, visual, environmental and aesthetic
qualities of the affected stretch of the river.
4[4]. The facility will maintain or enhance
the existing recreational opportunities on or
adjacent to the affected stretch of the river.
e[5]. The facility will maintain or enhance
existing fish and wildlife habitat and will have
no adverse impact upon any threatened or
endangered fish, wildlife or plant species or
their habitat.
-46]. The facility and its operation will
maintain or enhance existing water quality in
the affected stretch of the river except during
construction of the facility when adverse
impacts on water quality will be minimized.
Specifically, the facility and its operation will
not:
i. deposit or create a zone for the
deposit of sediments in the river at or adja-
cent to the site;
ii. increase the temperature of the river
in the affected stretch by any means, including
but not limited to removal of vegetation or
reduction in streamflow; or
0137-1727
iii. create the potential for or result in
spillage, leakage or discharge of oil, waste
products, chemicals or other substances which
could reach the river. (Ord. 91-020 § 1, 1991)
g[7]. The facility and its operation will not
increase soil or bank erosion or destroy bank
habitat at or on land adjacent to the site
except during construction of the facility,
during which time soil or bank erosion and
destruction of bank habitat will be minimized.
h[8]. The facility and its operation will
maintain existing public access to the affected
stretch of the river.
i[9]. The facility will not be located at or
immediately adjacent to any identified archae-
ological or historical site, national or state
park, wildlife refuge, Bureau of Land
Management Outstanding Natural Area or
Area of Critical Environmental Concern,
Federal Research Natural Area or U. S.
Forest Service Special Interest Area.
,x[10]. The facility will not be located on any
stretch of the river that is being studied or
recommended for inclusion in either the
Federal Wild and Scenic Rivers Program or
the State Scenic Waterways Program, unless
location of the facility at that site would not
preclude inclusion of the stretch in the state
or federal program.
k[11]. The facility and its operation will
comply with all applicable noise, water quality
and pollution regulations of the Oregon
Department of Environmental Quality.
1[12]. The facility and its operation will
comply with all applicable state and local fill -
and -removal statutes and regulations.
2[b]. The applicant for a conditional use
permit for a hydroelectric facility, in addition
to all other requirements, shall submit the
following for approval:
a[1]. Detailed construction plans and
profiles of all facility features including
building elevations of the powerhouse and
other structures, excavation plans, a narrative
describing where blasting will occur and where
excess material will be deposited, and
landscaping and reclamation plans. (Ord. 91-
020 § 1, 1991)
Chapter 18.128 (11/30/94) 17 (06/08/94)
b[2]. Detailed plans for meeting the criteria
set forth in subsection (a[1]) above.
c[3]. Detailed plans for river enhancement
documenting both on-site and off-site
enhancement plans consistent with adopted
river -related goals and policies, such as plans
and methods for conserving water and
enhancing streamflows. The plan shall
identify costs, time schedules and coordination
activities with affected persons and agencies
for such enhancement plans.
d[4]. A cash deposit, performance bond or
other security acceptable to Deschutes County
in an amount equal to 100 percent of the
estimated cost of river enhancement.
e[5]. Detailed plans for a water conserva-
tion and stream enhancement program to be
funded by a portion of revenues generated by
the operation of the proposed facility. The
program plans shall contain the following:
i. A program timetable;
ii. Projected gross revenues from the
proposed facility;
iii. Projected program expenditures and
the percentage of gross revenues they
represent;
iv. Projected water savings and the
percentage of known current water losses they
represent;
V. A declaration by the applicant that at
least fifty percent of the conserved water will
remain undiverted by the applicant;
vi. A declaration by the applicant that
water diversion for power generation will not
cause water flow in the affected stretch of the
river (from the diversion to the tailrace exit)
to fall below the minimum streamflow for that
stretch as recommended by the Oregon
Department of Fish and Wildlife; and
vii[f]. A declaration that the applicant will
enter into an agreement with the county to
fulfill all of the requirements in paragraphs
(a[1]) through (e[5]) of this subsection before
beginning construction. (Ord. 91-020 § 1,
1991; Ord. 86-018 § 1, 1986)
W. Fill and Removal.
Except as otherwise provided in this title, no
person shall fill or remove any material or
0131-1'728
remove any vegetation, regardless of the
amount, within the bed and banks of any
stream or river or in any wetland, unless such
fill or removal is approved as a conditional
use subject to the following standards:
1. An application shall be filed contain-
ing a plan with the following information:
a[i]. A detailed explanation of the planned
fill or removal including the amount of mate-
rial to be filled or removed.
b[ii]. An explanation of why the fill or
removal is necessary.
c[iii]. A site plan, drawn to scale and
accompanied by such drawings, sketches and
descriptions as are necessary to describe and
illustrate the proposed fill or removal. The
site plan shall, at a minimum, include:
i.[*] An inventory of existing vegetation.
ii.[*] The proposed modifications, if any, to
the vegetation.
iii.[*] Existing and proposed site contours.
iv.[*] Location of property lines, easements
and high water marks.
v.[*] Other site elements or information
that will assist in the evaluation of the
proposed fill or removal.
2. Public facility and service uses such as
construction or maintenance of roads, bridges,
electric, gas, telephone, water, sewer transmis-
sion and distribution lines, and related facili-
ties controlled by public utilities or coop-
erative associations, shall not be granted
conditional use permits to fill or remove
unless the following findings are made:
a[i]. That all necessary state and federal
permits will be obtained as a condition of
approval of the conditional use.
b[ii]. That the public facility and service
uses and related facilities cannot, as a practi-
cal matter, be located outside of the wetland
or bed and banks of the stream or river.
c[iii]. That the construction or maintenance
requiring the fill or removal will be done in a
manner designed to minimize the adverse
impact upon the wetland, stream or river.
d[iv]. That erosion will be adequately
controlled during and after construction.
e[v]. That the impacts on fish and wildlife
Chapter 18.128 (11/30/94) 18 (06/08/94)
habitat from the fill or removal will be mini-
mized to the greatest extent practical. The
Oregon Department of Fish and Wildlife will
be requested to review and comment on the
application.
fgvi]. That only the minimum removal of
vegetation or material and dredging or exca-
vation necessary for construction and mainte-
nance will be done. (Ord. 91-038 § 1, 1991)
3. Fill or removal required for public
park and recreation areas, natural and out-
door education areas, historic and scientific
areas, wildlife refuges, public boat launching
ramps, public docks and public walkways shall
not be allowed as a conditional use unless the
following findings are made:
a[i]. That all necessary state and federal
permits will be obtained as a condition of
approval of the conditional use permit.
!I[ii]. That only the minimum removal of
vegetation or material and dredging or exca-
vation necessary for construction and mainte-
nance will be done.
c[iii]. That the specific location of the site,
will require the minimum amount of distur-
bance to the natural environment, considering
alternative locations in the area and methods
of construction.
d[iv]. That such construction and mainte-
nance is designed to minimize the adverse
impact on the site.
e[v]. That erosion will be adequately
controlled during and after construction.
f[vi]. That the impacts on fish and wildlife
habitat by the fill or removal will be mini-
mized to the greatest extent practical. The
Oregon Department of Fish and Wildlife will
be requested to review and comment on the
application.
g[vii]. That the specific location of a site for
a public park, recreation area, natural and
outdoor education area, historic and scientific
area, wildlife refuges, public boat launching
ramps, public docks and walkways will require
the minimum amount of disturbance to the
natural environment, considering alternative
locations in the area and methods of con-
struction. (Ord. 91-038 § 1, 1991)
0137-1729
4. Except for uses identified in para-
graphs (2) and (3), above, an application for
a conditional use permit for activity involving
fill or removal of material or vegetation within
the bed and banks of a stream, river or
wetland:
a[i]. Shall be granted only after consid-
eration of the following factors:
i.[*] The effects on public or private water
supplies and water quality.
ii.[*] The effects on aquatic life and
habitat, and wildlife and habitat. The Oregon
Department of Fish and Wildlife will be
requested to review and comment on the
application.
iii.[*] Recreational, aesthetic and economic
values of the affected water resources.
iv.[*] Effects on the hydrologic characteris-
tics of the water body such as direction and
velocity of flow, elevation of water surface,
sediment transportation capacity, stabilization
of the bank and flood hazards.
v.[*] The character of the area, considering
existing streambank stabilization problems and
fill or removal projects which have previously
occurred.
b[ii]. Shall not be granted unless all of the
following conditions are met:
i.[*] That all necessary state and federal
permits will be obtained as a condition of
approval of the conditional use.
ii.[*] That there is no practical alternative
to the proposed project which will have less
impact on the surrounding area, considering
the factors established in subsection (4)(a[i])
above.
iii.[*] That there will be no significant
impacts on the surrounding area, considering
the factors established in subsection (4)(a[i])
above.
iv.[*] That erosion will be adequately con-
trolled during and after the project.
L.[*] That the essential character, quality,
and density of existing vegetation will be
maintained. Additional vegetation shall be
required if necessary to protect aquatic life
habitats, functions of the ecosystem, wildlife
values, aesthetic resources and to prevent
Chapter 18.128 (11/30/94) 19 (06/08/94)
erosion. (Ord. 91-020 § 1, 1991)
vi.[*] That the proposed fill or removal
activity will be consistent with all relevant
goals and policies of the Deschutes County
Comprehensive Plan.
vii.[*] That a conservation easement, as
defined in Section 18.04.030, "Conservation
Easement," shall be conveyed to the county,
which provides, at a minimum, that all
elements of the project will be carried out and
maintained as approved, in perpetuity, for the
regulated fill or removal area and all real
property on the same lot, within 10 feet of any
wetland, river or stream. (Ord. 93-043 § 23H,
23I, 23J, 1993; 91-020 § 1, 1991; Ord. 89-008
§ 1, 1989; Ord. 87-032 § 1, 1987; Ord. 86-056
§ 3 & 4, 1986)
X. Surface Mining of Resources Exclu-
sively for On -Site Personal, Farm or Forest
Use or Maintenance of Irrigation Canals.
These uses are subject to the following stan-
dards:
1[a]. An application shall be filed contain-
ing the following information:
a[1]. A detailed explanation of the project
and why the surface mining activity is neces-
sary.
b[2]. A site plan drawn to scale and
accompanied by any drawings, sketches and
descriptions necessary to describe and illus-
trate the proposed surface mining.
2[b]. A conditional use permit shall not be
issued unless the applicant demonstrates at
the time of site plan review that the following
conditions are or can be met:
A[l]. The surface mining is necessary to
conduct or maintain a use allowed in the zone
in which the property is located.
b[2]. Erosion will be controlled during and
after the surface mining.
c[3]. The surface mining activity can meet
all applicable DEQ noise control standards
and ambient air quality and emission stan-
dards.
d[4]. Sufficient water is available to support
approved methods of dust control and vegeta-
tion enhancement.
e[5]. The surface mining does not adversely
0137-1730
impact other resources or uses on the site or
adjacent properties, including, but not limited
to, farm use, forest use, recreational use,
historic use and fish and wildlife habitat as
designed or through mitigation measures
required to minimize these impacts.
3[c]. If the surface mining actively involves
the maintenance or creation of man-made
lakes, water impoundments or ponds, the
applicant shall also demonstrate, at the time
of site plan review, that the following condi-
tions are or can be met:
a[1]. There is adequate water legally avail-
able to the site to maintain the water
impoundment and to prevent stagnation.
b[2]. The soil characteristics or proposed
lining of the impoundment are adequate to
contain the proposed water and will not result
in the waste of water.
c[3]. Where the impoundment bank slope
is steeper than 3 feet horizontal to 1 foot
vertical, or where the depth is 6 feet or deep-
er, the perimeter of the impoundment is ade-
quately protected by methods such as fences
or access barriers and controls.
d[4]. The surface mining does not adversely
affect any drainages, all surface water drainage
is contained on site, and existing watercourses
or drainages are maintained so as not to
adversely affect any surrounding properties.
(Ord. 90-014 § 39, 1990)
Y. Storage, Crushing and Processing of
Minerals in Conjunction With the Mainte-
nance or Construction of Public Roads or
HighwUs. A conditional use permit for these
uses shall be subject to the following stan-
dards:
1[a]. An application shall be filed contain-
ing the following information:
A[1]. A detailed explanation of the project,
including the duration and operation charac-
teristics of the site.
b[2]. A site plan drawn to scale and
accompanied by such drawings, sketches and
descriptions as are necessary to describe and
illustrate the proposed project.
2[b]. A conditional use permit for storage,
crushing and processing of minerals to be used
Chapter 18.128 (11/30/94) 20 (06/08/94)
in conjunction with maintenance and
construction of public roads and highways
shall be subject to all applicable general
operation standards established by Section
18.52.110, except Section 18.52.110, para-
graphs (J), (K) and (L). (Ord. 90-014 § 40,
1990)
Z. Mini -Storage Facility.
1[a]. Each individual space for rent or sale
shall be less than 500 square feet.
2[b]. Mini -storage shall be limited to dead
storage. Outside storage shall be limited to
boats, recreational vehicles and similar vehi-
cles placed within designated spaces on an all-
weather surfaced area which is surrounded by
a sight -obscuring fence at least six feet in
height.
3[c]. Yards shall be permanently land-
scaped.
4[d]. Yard dimensions adjacent to residen-
tial zones shall be the same as required yards
within the residential zone.
5[e]. One parking space for each twenty
five storage spaces shall be located at the
project office for use by customers.
6[f]. All structures shall be fenced and
visually screened.
7[g]. Traffic lanes shall be twelve feet wide
with an additional ten -foot parking lane,
except where the traffic lane does not serve
the storage units. All areas provided for
vehicle access, parking and movement shall be
improved to minimum public road standards.
8[h]. A residence for a caretaker or 24-
hour on-site manager is permitted.
9[i]. There shall be only one access from
each adjacent street.
LOU]. Outside lighting, including shading to
prevent glare on adjacent properties, may be
required for safety and security purposes.
(Ord. 91-038 § 3, 1991)
AA. Bed and Breakfast Inn.
1[a]. Bed and breakfast inns shall be
restricted to owner -occupied single-family
residences.
2[b]. Bed and breakfast inns located in
farm or forest zones shall utilize existing
dwellings or dwellings conforming to the
0137-1731
requirements of those zones relating to single-
family dwellings.
3[c]. No more than three sleeping rooms
shall be available for the accommodation of
inn visitors.
4[d]. No more than eight guests shall be
accommodated at any one time.
5[e]. Occupancies shall be limited to not
more than thirty consecutive days.
6[f]. Breakfast shall be the only meal
provided to inn guests.
7[g]. The exterior of the building shall
maintain a residential appearance.
8[h]. The bed and breakfast inn shall be
operated in a way that will prevent unreason-
able disturbance to area residents.
9[i]. One off-street parking space shall be
provided for each guest room in addition to
parking required for the residence.
10[j]. Approval shall be conditional upon
compliance with all applicable state building
code requirements and state sanitation
requirements. (Ord. 91-038 § 3, 1991)
BB. Campgrounds. A conditional use
permit for a campground may be issued only
when the following criteria are met:
1[a]. Campgrounds shall provide patrons
with opportunities for outdoor recreation that
are compatible with the natural setting of the
area. Outdoor recreation activities include
fishing, swimming, boating, hiking, bicycling,
horseback riding and other similar activities.
Outdoor recreation does not include commer-
cial uses such as miniature golf courses, go-
cart tracks or rental of equipment or animals.
2[b]. Street access shall be provided as
follows:
a[1]. The campground shall obtain direct
access from a street or road designated as an
arterial or collector by the Deschutes County
Comprehensive Plan.
b[2]. Access to the campground shall be
adequate to handle the anticipated traffic
generated by the use.
c[3]. The Deschutes County Public Works
Department or the State Highway Division
may require refuge lanes for left-hand turns
and deceleration lanes for right-hand turns
Chapter 18.128 (11/30/94) 21 (06/08/94)
where necessary for public safety.
3[c]. Water supply and sewage disposal
shall be provided as follows:
a[1]. Applicant shall demonstrate that
there is adequate potable water available at
the site to serve the campground. When the
water is to be supplied from a well, a well log
is required to show that an ample supply of
water will be available for the campground it
will serve.
b[2]. Plans for water supply and sewage
disposal improvements must be approved by
the State Health Division and the Department
of Environmental Quality.
c[3]. Evidence shall be provided to demon-
strate that the campground will be eligible for
a certificate of sanitation as required by the
Oregon Department of Environmental
Quality.
4[d]. A campground shall conform to state
standards specified in ORS 918.650 and the
following:
a[1]. Sixty-five percent of a parcel devel-
oped as a campground shall be retained as
open space. Natural vegetation shall be
maintained in open space areas to the fullest
extent possible. Walkways, roadways, parking
spaces, structures, service areas and campsites
shall not be considered open space.
b[2]. The space provided for each campsite
shall be not less than 1600 square feet exclu-
sive of any space used for common areas such
as roadways, general use structures, walkways,
landscaped areas and parking spaces other
than those assigned to particular campsites.
K[3]. Campgrounds shall provide potable
water, toilet and shower facilities, lighting,
picnic tables and garbage collection sites for
the convenient use of campers as specified in
ORS 918.650. Water and electric lines shall
be placed underground.
A[4]. Campgrounds shall not provide camp-
site hookups for sewage disposal or electricity.
A centralized sewage dump station that meets
state standards may be provided.
e[5]. Roadways permitting one-way traffic
shall be not less than 10 feet wide and those
permitting two-way traffic shall not be less
0137-1732
than 20 feet wide. Where parking is allowed
on the margin of the road, an additional 10
feet shall be added for each parking lane.
Roadways shall be improved with an all-
weather, dustless surface.
f[6]. Except for the access roadway serving
the campground, no vehicular or pedestrian
access shall be allowed out of the camp-
ground. Fences shall be provided which
prevent trespass to property not under the
control of the campground owner.
g[7]. Each campsite shall be provided with
at least one parking space which shall be
paved or covered with crushed gravel and
designed to promote drainage of surface
runoff.
h[8]. Campgrounds shall be surrounded by
buffer strips of existing vegetation or land-
scaping.
i[9]. To promote privacy and preserve the
integrity of the natural setting, campgrounds
shall retain existing vegetation to the fullest
extent practical.
1[10]. Yards and Setbacks.
i. Campsites or parking spaces shall not
be located within the yard and setback areas
required by the county for permanent build-
ings in the zone in which the campground is
located.
ii. No developed portion of the camp-
ground shall be located within 100 feet of the
right-of-way of any road or property line of a
lot not part of the campground.
iii. No developed portion of the camp-
ground shall be located closer than 300 feet
from a road in a Landscape Management
overlay zone.
iv. Setback requirements in (ii) and (iii)
above may be waived upon a finding by the
Planning Director or Hearings Body that the
developed portion of the campground will be
sufficiently screened and buffered from neigh-
boring properties or the protected landscape
area.
_k[11]. Tent campers and recreational vehi-
cles shall not remain in the campground for
more than 30 days in any 60 -day period.
1[12]. The campground shall be licensed as
Chapter 18.128 (11/30/94) 22 (06/08/94)
a tourist facility by the State Department of
Health as specified in ORS Chapter 446,
unless operated by a public entity, timber
company or private utility.
m[13]. One dwelling may be allowed for
a resident caretaker or proprietor. (Ord. 93-
005 § 9, 10 & 11, 1993; 91-038 § 3, 1991)
18.128.050 Procedure for Taking Action
on Conditional Use
Application.
The procedure for taking action on a condi-
tional use application shall be as follows:
A. A property owner may initiate a
request for a conditional use by filing an
application on forms provided by the Planning
Department.
B. Review of the application shall be
conducted according to the terms of
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance. (Ord.
86-032 § 1, 1986)
18.128.060 Time Limit on a Permit
for a Conditional Use.
A. Authorization of a conditional use
shall be void after one year or such lesser time
as the authorization may specify unless
substantial construction has taken place or the
proposed use has occurred. However, the
Planning Director or Hearings Body may
extend authorization for an additional period
not to exceed one year.
B. If it can be demonstrated to the
Planning Director or Hearings Body that a
delay in establishing a use is due to a delay by
a state or federal agency in issuing a required
permit and not the fault of the applicant, the
Planning Director or Hearings Body may
extend the time limit imposed by paragraph
(A), above, for a period not to exceed one
year following issuance of the state or federal
permit. (Ord. 91-020 § 1, 1991)
18.128.070 Occupancy Permit.
The Planning Director or Hearings Body
may require an occupancy permit for any
conditional use permitted and approved
0137-1733
pursuant to the provisions of this title. The
Planning Director or Hearings Body shall
consider such a requirement for any use
authorized by a conditional use permit for
which the ordinance requires on-site or off-
site improvements or where such conditions
have been established by the Planning Direc-
tor or Hearings Body upon approval of such
use. The requirement of an occupancy permit
shall be for the intent of insuring permit
compliance and said permit shall not be issued
except as set forth by the Planning Director or
Hearings Body. The authority to issue an
occupancy permit upon compliance with the
requirements and conditions of a conditional
use permit may be delegated to the Planning
Director or the Building Inspector by the
Hearings Body at the time of approval of a
specific conditional use permit. (Ord. 91-020
§ 1, 1991)
18.128.080 Time Share Unit.
A. Any time-share unit project shall have
its primary access on an arterial or collector
street.
B. New time-share units may be devel-
oped in vacant areas in the applicable zoning
districts provided that such developments
comply with (A), above, and the following:
1[a]. That such development has a mini-
mum site size of ten acres, except within the
Planned Community (PC) Zone.
2[b]. That such development is appro-
priately buffered by the use of yards, land-
scaping, etc, from adjoining properties as
determined during site plan review considering
the need for privacy and the effects of noise.
C. The Planning Director or Hearings
Body may require bonds to assure installation
and maintenance of landscaping, parking and
facilities that are part of the buffering scheme.
It may also require that an adequate
mechanism will exist, such as an owners'
association, that will assure maintenance of
such facilities. (Ord. 91-020 § 1, 1991)
D. No structure shall be utilized as a
time-share unit unless all the units in the
structure or particular phase of the develop -
Chapter 18.128 (11/30/94) 23 (06/08/94)
Ul�'7-1`74
ment are used as time-share units for this
purpose. (Ord. 83-033 § 11, 1983)
18.128.090 Building Permit for
an Approved Conditional
Use.
Building permits for all or any portion of a
conditional use shall be issued only on the
basis of the plan as approved by the Planning
Director or Hearings Body. Any substantial
change in the approved plan shall be
submitted to the Planning Director or the
Hearings Officer as a new application for a
conditional use. (Ord. 91-038 § 3, 1991)
(Temporary Use Permit repealed by Ord. 91-
020 § 1, 1991)
(Section 8.090 repealed by Ord. 89-004 § 3,
1989)
Chapter 18.128 (11/30/94) 24 (06/08/94)