1995-06218-Ordinance No. 95-007 Recorded 3/2/199595-06218
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Amending Chapters 18.04 and
18.16 of the Deschutes County Code, Amending
Development Standards in the EFU Zones and
Declaring an Emergency.
REVIEWED
DESCHUT CO E
0138-00� �.
ORDINANCE NO. 95-007
WHEREAS, the Land Conservation and Development Commission filed
new administrative rule OAR 660-033 on March 1, 1994, relative to
requirements for Agricultural Lands; and
WHEREAS, the newly adopted rule was made effective upon filing;
and
WHEREAS, the newly adopted rule supersedes county code provisions
where there is a conflict between the rule and the code; and
WHEREAS, the Board finds it is in the public interest to make the
county's land use regulations be consistent with state law; and
WHEREAS, public hearings have been held on the proposed amendments
consistent with state and county law; and
WHEREAS, the Deschutes County Planning Commission recommended
adoption of the amendments as proposed; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ORDAINS as
follows:
Section 1. Section 18.04.030 of the Deschutes County Code, as
amended, is further amended to add the following new definition of
"Golf Course":
"Golf Course. Means an area of land with highly maintained
natural turf laid out for the game of golf with a series of
nine or more holes, each including a tee, a fairway, a
putting green and often one or more natural or artificial
hazards. A 'golf course' may be a nine or 18 hole regulation
golf course or a combination nine and 18 hole regulation golf
course consistent with the following:
A. A regulation 18 hole golf course is generally
characterized by a site of about 120 to 150 acres of land,
has a playable distance of 5,000 to 7,200 yards, and a par of
64 to 73 strokes.
B. A regulation nine hole golf course is generally
characterized by a site of 65 to 90 acres of land, has a
playable distance of 2,500 to 3,600 yards and a par of 31 to
36 strokes.
KEYP CHEG
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'Golf course' does not include a stand-alone driving range.
In EFU zones, 'golf course' includes only regulation golf
courses and does not include a golf course or golf course -
like development that does not meet this definition.
Excluded from this definition is such non -regulation
development as executive golf courses, Par 3 golf courses,
pitch and putt golf courses and miniature golf courses."
Section 2. Section 18.04.030 of the Deschutes County Code, as
amended, is further amended to add the following new definition of
"Golf Course, Accessory Uses":
"Golf Course, Accessory Uses. An accessory use to a golf
course is a facility or improvement that is incidental to the
operation of the golf course and is either necessary for the
operation and maintenance of the golf course or that provides
goods or services customarily provided to golfers at a golf
course. An accessory use or activity does not serve the
needs of the non -golfing public.
Accessory uses to a golf course may include: parking;
maintenance buildings; cart storage and repair; practice
range or driving range; clubhouse; restrooms; lockers and
showers; food and beverage service; pro shop; a practice or
beginners course as part of an 18 hole or larger golf course.
In an EFU Zone, accessory uses to a golf course do not
include: sporting facilities unrelated to golfing such as
tennis courts, swimming pools and weight rooms; wholesale or
retail operations oriented to the non -golfing public;
housing."
Section 3. Section 18.04.030 of the Deschutes County Code, as
amended, is further amended to add the following new definition of
"High -Value Farmland":
"High -Value Farmland. Means land in a tract composed
predominantly of the following soils when they are irrigated:
Agency loam (2A and 2B), Agency sandy loam (ILA), Agency -
Madras complex (3B), Buckbert sandy loam (23A), Clinefalls
sandy loam (26A), Clovkamp loamy sand (27A and 28A),
Deschutes sandy loam (31A, 31B and 32A), Deschutes-Houstake
complex (33B), Deskamp loamy sand (36A and 36B), Deskamp
sandy loam (37B), Era sandy loam (44B and 45A), Houstake
sandy loam (66A and 67A), Iris silt loam (68A), Lafollette
sandy loam (71A and 72B), Madras loam (87A and 87B), Madras
sandy loam ( 86A and 86B) , Plainview sandy loam ( 98A and 98B) ,
Redmond sandy loam (104A), Tetherow sandy loam (150A and
150B) and Tumalo sandy loam (152A and 152B)."
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Section 4. Section 18.04.030 of the Deschutes County Code, as
amended, is further amended to amend the definition of "Irrigated
Acres" as follows:
"Irrigated facresl. As used in Chapter 18.16, irrigated
[acres] means [those lands to which a water right is
appurtenant] watered by an artificial or controlled means,
such as sprinklers, furrows, ditches or spreader dikes. An
area or tract is 'irrigated' if it is currently watered, or
has established rights to use water for irrigation from a
water or irrigation district or other provider." (Ord. 92-
065 S 2, 1992)
Section 5. Section 18.04.030 of the Deschutes County Code, as
amended, is further amended to amend the definition of "Partition Land"
as follows:
"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 foreclosures, 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 other
contiguous lots or property by a single owner] a division of
land resulting from the recording of a subdivision or
condominium plat. Partition land does not include an
adjustment of a property line by the relocation of a common
boundary where an additional unit of land is not created and
where the existing unit of land reduced in size by the
adjustment complies with any applicable zoning ordinance."
Section 6. Section 18.04.030 of the Deschutes County Code, as
amended, is further amended to amend the definition of "Replat" as
follows:
"Replat. [Includes a final map of the reconfiguration 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.] Means the act of platting the lots, parcels and
easements in a recorded subdivision or partition plat to
achieve a reconfiguration of the existing subdivision or
partition plat or to increase or decrease the number of lots
in the subdivision." (Ord. 91-038 S 3, 1991)
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Section 7. Section 18.04.030 of the Deschutes County Code, as
amended, is further amended to amend the definition of "Subdivision and
Subdivide" as follows:
"[Subdivision andl Subdividefdl Lands. Means to [Improved or
unimproved area or tract of land] divide[d] land into four or
more lots within a calendar 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 foreclosures of recorded contracts for the
sale of real property.]"
Section 8. Section 18.04.030 of the Deschutes County Code, as
amended, is further amend to add a definition of "Subdivision" as
follows:
"Subdivision. Means either an act of subdividing land or an
area or a tract of land subdivided."
Section 9. Section 18.16.010 of the Deschutes County Code, as
amended, is further amend to read as follows:
"18.16.010 Purpose
A. The purpose of the Exclusive Farm Use zones is to
preserve and maintain agricultural lands and to serve as a
sanctuary for farm uses.
B. The purposes of this zone are served by the land use
restrictions set forth in the Comprehensive Plan and in this
Chapter and by the restrictions on private civil actions and
enforcement actions set forth in ORS 30.930 through 30.947."
Section 10. Section 18.16.020 of the Deschutes County Code, as
amended, is further amended to read as follows:
"18.16.020 Uses Permitted Outright
The following uses and their accessory uses are permitted
outright:
A. Farm use as defined in this title.
B. Propagation or harvesting of a forest product.
C. Exploration for minerals as defined by ORS 517.750.
D. Accessory buildings customarily provided in conjunction
with farm use.
E. Climbing and passing lanes within a right-of-way
existing as of July 1, 1987.
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F. Reconstruction or modification of public roads and
highways, not including the addition of travel lanes, where
no removal or displacement of buildings would occur or no new
land parcels result.
G. Temporary public road or highway detour that will be
abandoned and restored to original condition or use when no
longer needed.
H. Minor betterment of existing public roads and highway -
related facilities such as maintenance yards, weigh [with]
stations and rest areas, within a right-of-way existing as of
July 1, 1987, and contiguous publicly owned property utilized
to support the operation and maintenance of public roads and
highways.
[I. A replacement dwelling to be used in conjunction with
farm use if the existing dwelling has been listed in the
county inventory as an historic property as defined in ORS
358.480. (Ord. 91-038 S 2, 1991)]
I[J]. C[c]reation, restoration or enhancement of wetlands.
J. Alteration, restoration or replacement of a lawfully
established dwelling that:
1. Has intact exterior walls and roof
structure;
2. Has indoor plumbing consisting of a
kitchen sink, toilet and bathing
facilities connected to a sanitary waste
disposal system;
3. Has interior wiring for interior lights;
4. Has a heating system; and
5. In the case of replacement, is removed,
demolished or converted to an allowable
use within three months of completion of
the replacement dwelling.
An accessory farm dwelling approved under
subsection 18.16.050(C) may be replaced only by a
manufactured home.
K. A replacement dwelling to be used in conjunction with
farm use if the existing dwelling is listed on the National
5 - ORDINANCE NO. 95-007 (3-1-95)
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Register of Historic Places and on the county inventory as a
historic property as defined in ORS 358.480."
(Ord. 91-038 S 1 and 2, 1992; Ord. 91-020 S 1, 1991; Ord. 91-
005 S 4, 1991; Ord. 91-002 S 3, 1991; Ord. 86-007 S 1, 1986;
Ord. 81-025 S 1, 1981; Ord. 81-001 S 1, 1981)
Section 11. Section 18.16.030 of the Deschutes County Code, as
amended, is further amended to read as follows:
"18.16.030 Conditional Uses Permitted - High Value and
Non -High Value Farmland
The following uses may be allowed in the Exclusive Farm Use
Zones on either high value farmland or non -high value
farmland subject to applicable provisions of the
Comprehensive Plan, Sections 18.16.040 and 18.16.050 and
other applicable sections of this title.
A. Dwellings customarily provided in conjunction with farm
use (farm -related dwellings).
[B. manufactured home as a secondary accessory farm dwelling.]
B. A relative farm -help dwelling.
[C. Preexisting dwellings as a ranch hand residence. (Ord. 91-
020 S 1, 1991; Ord 83-020 S 1, 1983)]
C[D]. Non[ -]farm dwelling and accessory uses thereto.
D. Lot of record dwelling.
E. Residential home[s] as defined in Section 18.04.030 of
this title, in existing dwellings.
F. A hardship dwelling.
G[F]. Commercial activity[ies] that is [are] in
conjunction with farm use. (The commercial activity shall be
associated with a farm use occurring 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.]
H[G]. Operations conducted for (1) exploration, mining
and processing of geothermal resources as defined by ORS
522.005; (2) exploration and extraction of natural gas or
oil; [and] or (3) surface mining of mineral and aggregate
resources exclusively for on-site personal, farm or forest
use or in conjunction with maintenance for irrigation canals.
6 - ORDINANCE NO. 95-007 (3-1-95)
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I[H]. Homestead retention when the entire parcel has been
under single ownership for at least the preceding ten
consecutive years and the parcel occupies not less than 320
acres. This use will permit the owner to convey the parcel
but retain a leasehold interest in the residence and the land
underlying the residence up to a maximum of five acres. In
no case shall another residence be constructed elsewhere on
the parcel except in conformance with the terms of this
chapter. The leasehold interest shall extend throughout the
lifetimes of the seller and his or her spouse.
J[I]. Expansion of an existing p[P]rivate park[s],
playground[s], hunting and fishing preserve[s] and
campground[s].
K[J]. Expansion of an existing p[P]ark[s], playground[s] or
community center[s] owned and operated by a governmental
agency or a non-profit community organization.
[K. Golf courses.]
L. U[u]tility facility[ies] necessary for public service,
(and] except commercial utility facility [ ies ] for the purpose
of generating power for public use by sale and transmission
towers over 200 feet in height.
M. Transmission tower over 200 feet in height.
N. Commercial utility facility, including a hydroelectric
facility (in accordance with Sections 18.116.130 and
18.128.040(V)), for the purpose of generating power for
public use by sale.
O[M]. Personal -use landing strip for airplanes and
helicopter pad, including associated hangar, maintenance and
service facilities. A personal use airport as used in this
section means 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 connection with agricultural
operations. [No aircraft may be based on a personal -use
airport 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
airport lawfully existing as of September 1, 1975, shall
continue to be permitted subject to any applicable
regulations of the Oregon Aeronautics Division.]
P[N]. Home occupation[s] carried on by residents as an
accessory use within their existing dwelling or other
existing residential accessory building. Home occupations
are not allowed in structures accessory to resource use.
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Q[O]. A facility for the primary processing of forest
products. [Such a facility may be approved for a one-year
period which is renewable. The facility is intended to be
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.
[R. Hydroelectric facility, in accordance with Sections
18.116.130 and 18.128.040(V). (Ord. 94-008 § 9, 1994; Ord.
86-018 § 3, 1986)]
[Q. Dog kennels. (Ord. 94-008 § 9, 1994; Ord. 90-018 § 1,
1991)]
R. 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.
[S. A site for the disposal of solid waste approved by the
governing body of a city or county and for which a permit has
been granted under ORS 459.245 by the Department of
Environmental Quality. (Ord. 94-008 § 9, 1994; Ord. 91-014 §
1, 1991)]
[T. One manufactured home in conjunction with an existing
dwelling as a temporary use for the term of a hardship
suffered by the existing resident or a relative of the
resident. (Ord. 94-008 § 9, 1994; Ord. 91-038 § 2, 1991)]
S[U]. Expansion of an existing c[C]hurch or cemetery in
conjunction with a church, provided such church or cemetery
is not within three miles of an urban growth boundary.
T. Expansion of an existing church or cemetery in
conjunction with a church within three miles of an urban
growth boundary if an exception is first granted under state
law.
U[V]. Expansion of an existing p[P]ublic or private school,
including all buildings essential to the operation of such a
school, provided such school is not within three miles of an
urban growth boundary.
V. Expansion of an existing public or private school,
including all buildings essential to the operation of such a
8 - ORDINANCE NO. 95-007 (3-1-95)
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school, located within three miles of an urban growth
boundary, if an exception is first granted under state law.
W. Construction of additional passing and travel lanes
requiring the acquisition of right-of-way, but not resulting
in the creation of new land parcels.
X. Reconstruction or modification of public roads and
highways involving the removal or displacement of buildings,
but not resulting in the creation of new land parcels.
Y. Improvement of public roads and highway -related
facilities such as maintenance yards, weigh stations and rest
areas where additional property or right-of-way is required,
but not resulting in the creation of new land parcels.
Z. The propagation, cultivation, maintenance and harvesting
of aquatic species.
AA. Bed and breakfast inn[s].
BB. Excavation, grading and fill and removal within the bed
and banks of a stream or river or in a wetland.
[CC. Cemeteries in conjunction with churches. (Ord. 94-008
9, 1994; Ord. 91-038 S 2, 1991)]
[DD. Living history museums. (Ord. 94-008 S 9, 1994)]
CC. Rural fire station."
(Ord. 94-008 S 9, 1994; Ord. 91-038 S 1 and 2, 1991; Ord. 91-
020 S 1, 1991, Ord. 90-014 S 23, 1991; Ord. 90-014 S 31,
1990; Ord. 91-005 S 5, 1991; Ord. 87-013 S 1, 1987)
Section 12. A new Section 18.16.031, "Conditional Uses Located on
Non -High Value Farmland," is added to and made a part of Chapter 18.16,
as follows:
"18.16.031 Non -Residential Conditional Uses on Non -High Value
Farmland Only
The following uses may be allowed only on tracts in the
Exclusive Farm Use Zones that constitute non -high value
farmland subject to applicable provisions of the
Comprehensive Plan and Section 18.16.040 and other applicable
sections of this title.
A. Dog kennel.
B. A site for the disposal of solid waste approved by the
governing body of a city or county or both and for which a
permit has been granted under ORS 459.245 by the Department
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of Environmental Quality together with equipment, facilities
or buildings necessary for its operation.
C. Golf course and accessory golf course uses as defined
in this title."
Section 13. A new Section 18.16.033, "Conditional Uses Located on
High Value Farmland," is added to and made a part of Chapter 18.16, as
follows:
"18.16.033 Non -Residential Conditional Uses on High Value
Farmland Only
In addition to those uses listed in Section 18.16.030
above, the following uses may be allowed on tracts in the
Exclusive Farm Use Zones that constitute high value farmland
subject to applicable provisions of the Comprehensive Plan
and Section 18.16.040 and other applicable sections of this
title.
A. Maintenance, enhancement or expansion of dog kennels
existing as of March 1, 1994, subject to other requirements
of law. New dog kennels are prohibited.
B. Maintenance, enhancement or expansion of a site
described in 18.16.031(B) existing as of March 1, 1994,
subject to other requirements of law. New such sites are
prohibited.
C. Maintenance, enhancement or expansion of golf course and
accessory golf course uses as defined in this title existing
as of March 1, 1994, subject to other requirements of law.
New such uses are prohibited. Expanded courses may not
exceed 36 holes total."
Section 14. Section 18.16.040 of the Deschutes County Code, as
amended, is further amended to read as follows:
"18.16.040 Limitations on Conditional Uses
A. Conditional uses permitted by 18. 16.030[(F)](G) through
(CC[DD]) may be established subject to applicable provisions
in Chapter 18.128 and upon a finding by the Planning Director
or Hearings Body that the proposed use: (Ord. 91-020 § 1,
1991)
1[a]. Will not force a significant change in accepted
farm or forest practices as defined in ORS 215.203(2)(c) on
adjacent lands devoted to farm or forest uses; and [or]
2[b]. Will not significantly increase the cost of
accepted farm or forest practices on surrounding lands
devoted to farm or forest use; and
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3[c]. That the actual site on which the use is to be
located is the least suitable for the production of farm
crops or livestock.
B. A commercial activity allowed under Section
18.16.030(G) above shall be associated with a farm use
occurring 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.
C. A utility facility necessary for public use allowed
under Section 18.16.030(L) above shall be one that is
necessary to be situated in an agricultural zone in order for
the service to be provided.
D. A power generation facility that is part of a
commercial utility facility for purpose of generating power
for public use by sale identified in Section 18.16.030(N)
above and:
1. That is located on high-value farmland shall not
preclude more than 12 acres from use as a commercial
agricultural enterprise unless an exception is taken pursuant
to OAR 660, Division 4.
2. That is not located on high-value farmland shall not
preclude more than 20 acres from use as a commercial
agricultural enterprise unless an exception is taken pursuant
to OAR 660, Division 4.
E. No aircraft may be based on a personal -use airport
identified in Section 18.16.030(0) above 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 airport lawfully existing
as of September 1, 1975, shall continue to be permitted
subject to any applicable regulations of the Oregon
Aeronautics Division.
F. The facility for the primary processing of forest
products identified under Section 18.16.030(Q) above is
intended to be portable or temporary in nature. Such a
facility may be approved for a one-year period which is
renewable.
G. Batching and blending mineral and aggregate into
asphaltic cement may not be authorized within two miles of a
planted vineyard. Planted vineyard means one or more
vineyards totalling 40 acres or more that are planted as of
the date of the application for batching and blending is
filed.
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H. Accessory uses for golf courses shall be limited in size
and orientation on the site to serve the needs of persons and
their guests who patronize the golf course to golf. An
accessory use that provides commercial services (e.g., food
and beverage service, pro shop, etc . ) shall be located in the
clubhouse rather than in separate buildings.
I. An expansion of an existing golf course as allowed
under Section 18.16.033(C) shall comply with the definition
of "golf course" set forth in this title and the provisions
of subsection A of this section.
J[B]. An applicant for a non-farm conditional use may
demonstrate that the standards for approval will be satisfied
through the imposition of conditions. Any conditions so
imposed shall be clear and objective."
(Ord. 91-038 S 1 and 2, 1991)
Section 15. Section 18.16.050 of the Deschutes County Code, as
amended, is amended to read as follows (without setting out changes in
bold and brackets):
"18.16.050 Standards for Dwellings in the EFU Zones
Dwellings listed in Section 18.16.030 may be allowed under
the conditions set forth below for each kind of dwelling:
A. Farm -Related Dwellinas on Non -High Value Farmland
A dwelling customarily provided in conjunction with farm
use, as listed at 18.16.030(A) of this chapter, may be
approved if it satisfies any of the alternative tests set
forth below:
1. Acreage Test.
a. On land not identified as high-value farmland, a
dwelling, including a manufactured home in accordance with
Section 18.116.070, is considered to be customarily provided
in conjunction with farm use if:
i. The parcel on which the dwelling will be located is at
least:
(a). 160 acres and not in the Horse
Ridge East subzone; or
(b). 320 acres in the Horse Ridge East
subzone;
ii. The subject tract is currently employed for farm use,
as evidenced by a farm management plan;
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iii. The dwelling will be occupied by a person or persons
who will be principally engaged in the farm use of the land,
such as planting, harvesting, marketing or caring for
livestock, at a commercial scale;
iv. There is no other dwelling on the subject tract; and
v. The dwelling will be located on the least productive
part of the parcel.
2. Median Acreage/Gross Sales Test.
a. On land not identified as high-value farmland, a
dwelling, including a manufactured home in accordance with
Section 18.116.070, is considered to be customarily provided
in conjunction with farm use if:
i. The subject tract is at least as large as the median
size of those commercial farm or ranch tracts capable of
generating at least $10,000 in annual gross sales that are
located within a study area that includes all tracts wholly
or partially within one mile of the perimeter of the subject
tract;
ii. The subject tract is capable of producing at least
the median level of annual gross sales of county indicator
crops as the same commercial farm or ranch tracts used to
calculate the tract size in subsection (i) of this section;
iii. The subject tract is currently employed for farm
use, as evidenced by a farm management plan, at a level
capable of producing the annual gross sales required in
subsection (ii) of this section;
iv. The subject lot or parcel on which the dwelling is
proposed is at least 20 acres in size;
V. There is no other dwelling on the subject tract; and
vi. The dwelling will be located on the least productive
part of the parcel.
b. For the purpose of calculating appropriate tract sizes
and gross incomes to satisfy (i) and (ii) of this section,
the county will utilize the methodology contained in OAR 660-
33-135(3) using data on gross sales per acre tabulated by
LCDC pursuant to OAR 660-33-135(4).
3. Gross Annual Income Test.
a. On land not identified as high-value farmland, a
dwelling, including a manufactured home in accordance with
Section 18.116.070, is considered to be customarily provided
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in conjunction with farm use if:
i. The subject tract is currently employed for a farm
use that produced $32,500 in gross annual income in the last
two years or three of the last five years.
ii. There is no other dwelling on the subject tract;
iii. The dwelling will be occupied by a person or
persons who produced the commodities which grossed the income
in subsection (i) of this section; and
iv. The dwelling will be located on the least
productive part of the parcel.
b. In determining gross income, the cost of purchased
livestock shall be deducted from the total gross income
attributed to the tract.
B. Farm Related Dwellings on High Value Farmland.
On land identified as high-value farmland, a dwelling,
including a manufactured home in accordance with Section
18.116.070, is considered to be customarily provided in
conjunction with farm use if:
1. The subject tract is currently employed for the farm
use that produced at least $80,000 (1994 dollars) in gross
annual income from the sale of farm products in the last two
years or three of the last five years. In determining gross
income, the cost of purchased livestock shall be deducted
from the total gross income attributed to the tract;
2. There is no other dwelling on the subject tract;
3. The dwelling will be occupied by a person or persons
who produced the commodities which grossed the income in
subsection (1) of this section; and
4. The dwelling will be located on the least productive
part of the parcel.
C. Accessory Dwelling.
A dwelling, including a manufactured home in accordance with
Section 18.116.070, is considered to be an accessory farm
dwelling customarily provided in conjunction with farm use
when:
1. The accessory dwelling meets the following criteria:
a. The accessory farm dwelling will be occupied by a
person or persons who will be principally engaged in the farm
14 - ORDINANCE NO. 95-007 (3-1-95)
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use of the land and whose assistance in the management of the
farm use is or will be required by the farm operator; and
b. The accessory farm dwelling will be located:
i. On the same lot or parcel as the principal
farm dwelling; or
ii. On the same tract as the principal farm
dwelling when the lot or parcel on which
the accessory dwelling will be sited is
consolidated into a single parcel with
all other contiguous lots and parcels in
the tract; or
On a lot or parcel on which the
principal farm dwelling is not located,
when the accessory farm dwelling is a
manufactured home and a deed restriction
substantially in compliance with the
form set forth in Exhibit A to this
chapter is filed with the county clerk.
The deed restriction shall require the
manufactured dwelling to be removed when
the lot or parcel is conveyed to another
party. An accessory farm dwelling
approved pursuant to this section may
not be occupied by a person or persons
who will not be principally engaged in
the farm use of the land and whose
assistance in the management of the farm
use is not or will not be required by
the farm operator. The manufactured
home may remain if it is reapproved
under this section; and
C. There is no other dwelling on land zoned EFU owned
by the farm operator that is vacant or currently occupied by
persons not working on the subject farm or ranch and that
could reasonably be used as an accessory farm dwelling; and
2. The principal farm dwelling to which the proposed
dwelling would be accessory meets one of the following:
a. On land not identified as high-value farmland, the
principal farm dwelling is located on a farm or ranch
operation that is currently employed in farm use and produced
$32,500 in gross annual sales in the last two years or three
of the last five years. In determining gross income, the
cost of purchased livestock shall be deducted from the total
gross income attributed to the tract; or
b. On land identified as high-value farmland, the
15 - ORDINANCE NO. 95-007 (3-1-95)
U138-� ''A
principal farm dwelling is located on a farm or ranch�"�
operation that is currently employed for farm use, and
produced at least $80,000 (1994 dollars) in gross annual
income from the sale of farm products in the last two years
or three of the last five years. Gross income shall be
calculated by deducting the cost of purchased livestock from
the total gross income attributed to the tract; and
3. A lot or parcel approved for an accessory farm dwelling under
this section shall not be approved for a division of land except
as provided for in Section 18.16.055(B).
D. Relative Farm Help Dwelling
1. A dwelling listed in DCC 18.16.030B is allowed when:
a. The subject tract is at least 40 acres in size,
unless it is demonstrated to the Planning Director or
Hearings Body that a smaller unit of land is a commercial
agricultural enterprise.
b. The subject tract is used for farm use;
C. The dwelling is a manufactured home and is sited in
accordance with Section 18.116.070;
d. The dwelling is located on the same lot or parcel as
the dwelling of the farm operator, and is occupied by a
grandparent, grandchild, parent, child, brother, or sister of
the farm operator or the farm operator's spouse, whose
assistance in the management of the commercial farm use is or
will be required by the farm operator.
e. The farm operator plays the predominant role in the
management and farm use of the farm and will continue to do
so after the relative farm help dwelling is approved.
2. The manufactured home shall be considered a temporary
installation and permits for such home shall be renewable on
an annual basis. The manufactured home shall be removed from
the property if it is no longer needed for the operation of
the farm.
3. For the purposes of this subsection, a farm operator is
a person who operates a farm, doing the work and making the
day-to-day decisions about such things as planting,
harvesting, feeding and marketing.
E. Lot of Record Dwelling on Non -High Value Farmland
1. A lot of record dwelling will be approved on non -high
value farmland when all of the following requirements are
met:
16 - ORDINANCE NO. 95-007 (3-1-95)
0138-oc
a. The lot or parcel on which the dwelling will be
sited was lawfully created and was acquired by the present
owner:
i. Prior to January 1, 1985; or
ii. By devise or by intestate succession
from a person who acquired the lot or parcel
prior to January 1, 1985.
b. The tract on which the dwelling will be sited does
not include a dwelling.
c. For lots or parcels located within a wildlife area
(WA) combining zone, siting of the proposed dwelling would be
consistent with the limitations on density as applied under
the applicable density restrictions of Chapter 18.88 of this
title.
d. If the lot or parcel on which the dwelling will be
sited is part of a tract, the remaining portions of the tract
shall be consolidated into a single lot or parcel when the
dwelling is allowed.
e. The County Assessor shall be notified of any
approval of a dwelling under this section.
2. For purposes of this subsection, "owner" includes the
wife, husband, son, daughter, mother, father, brother,
brother-in-law, sister, sister-in-law, son-in-law, daughter-
in-law, mother-in-law, father-in-law, aunt, uncle, niece,
nephew, step-parent, step -child, grandparent or grandchild of
the owner or a business entity owned by any one or
combination of these family members.
F. Lot of Record Dwelling on High -Value Farmland
1. A lot of record dwelling will be approved on non -high
value farmland when all of the following requirements are
met:
a. The requirements set forth in Section
18.16.050(E)(1)(a) through (e), as determined by the County;
and
b. The requirements of OAR 660-33-130(3)(c)(C), as
determined by a hearings officer of the State Department of
Agriculture.
2. Applicants under this section shall make their
application to the County. The County shall give its
conditional approval under subsection 1(a) of this section
before forwarding an application made under this section to
17 - ORDINANCE NO. 95-007 (3-1-95)
0138-a6�S
the State Department of Agriculture for hearing under
subsection 1(b).
3. Applicants under this section shall be subject to such
other procedural requirements as are imposed by the Oregon
Department of Agriculture.
G. Nonfarm Dwelling.
1. One single-family dwelling, including a manufactured home in
accordance with Section 8.116.070, not provided in conjunction
with farm use may be permitted on an existing lot or parcel
subject to the following criteria:
a. The Planning Director or Hearings Body shall make
findings that:
i. The dwelling or activities associated with the
dwelling will not force a significant change in or
significantly increase the cost of accepted farming
practices, as defined in ORS 215.203(2)(c), or accepted
forest practices on nearby lands devoted to farm or
forest use.
ii. The proposed nonfarm dwelling does not materially
alter the stability of the overall land use pattern of
the area. In determining whether a proposed nonfarm
dwelling will alter the stability of the land use
pattern in the area, the county shall consider the
cumulative impact of nonfarm dwellings on other lots or
parcels in the area similarly situated and whether
creation of the parcel will lead to creation of other
nonfarm parcels, to the detriment of agriculture in the
area.
iii. The proposed nonfarm dwelling is situated on an
existing lot or parcel, or a portion of a lot or parcel,
that is generally unsuitable for the production of farm
crops and livestock or merchantable tree species,
considering the terrain, adverse soil or land
conditions, drainage and flooding, vegetation, location
and size of the tract.
iv. The proposed nonfarm dwelling is not within one-
quarter mile of a dairy farm, feed lot, sales yard,
slaughterhouse or poultry, hog or mink farm, unless
adequate provisions are made and approved by the
Planning Director or Hearings Body for a buffer between
such uses. The establishment of a buffer shall be
designed based upon consideration of such factors as
prevailing winds, drainage, expansion potential of
affected agricultural uses, open space and any other
factor that may affect the livability of the non-farm
18 - ORDINANCE NO. 95-007 (3-1-95)
0138-06Mg
dwelling or the agriculture of the area. (Ord. 91-020 §
1, 1991)
V. Road access, fire and police services and utility
systems (i.e., electrical and telephone) are adequate for the
use.
2. For the purposes of this subsection only,
"unsuitability" shall be determined with reference to the
following:
a. A lot or parcel shall not be considered unsuitable
solely because of size or location if it can reasonably be
put to farm or forest use in conjunction with other land. If
the parcel is under forest assessment, the dwelling shall be
situated upon generally unsuitable land for the production of
merchantable tree species recognized by the Forest Practices
Rules, considering the terrain, adverse soil or land
conditions, drainage and flooding, vegetation, location and
size of the parcel.
b. A lot or parcel is not "generally unsuitable" simply
because it is too small to be farmed profitably by itself.
If a lot or parcel can be sold, leased, rented or otherwise
managed as part of a commercial farm or ranch, it is not
"generally unsuitable". A lot or parcel is presumed to be
suitable if it is composed predominantly of Class I -VI soils.
Just because a lot or parcel is unsuitable for one farm use
does not mean it is not suitable for another farm use. If
the parcel is under forest assessment, the area is not
"generally unsuitable" simply because it is too small to be
managed for forest production profitably by itself.
C. If a lot or parcel under forest assessment can be
sold, leased, rented or otherwise managed as a part of a
forestry operation, it is not "generally unsuitable". If a
lot or parcel is under forest assessment, it is presumed
suitable if it is composed predominantly of soil capable of
producing 20 cubic feet of wood fiber per acre per year. If
a lot or parcel is under forest assessment, to be found
compatible and not seriously interfere with forest uses on
surrounding land it must not force a significant change in
forest practices or significantly increase the cost of those
practices on the surrounding land.
3. Loss of Tax Deferral
a. Pursuant to ORS 215.236, a non-farm dwelling on a lot
or parcel in an Exclusive Farm Use zone that is or has been
receiving special assessment may be approved only on the
condition that before a building permit is issued the
applicant must produce evidence from the County Assessor's
Office that the parcel upon which the dwelling is proposed
19 - ORDINANCE NO. 95-007 (3-1-95)
0138-0530
has been disqualified for special assessment at value for
farm use under ORS 308.370 or other special assessment under
ORS 308.765, 321.352, 321.730 or 321.815 and that any
additional tax or penalty imposed by the County Assessor as
a result of disqualification has been paid.
b. A parcel that has been disqualified for special
assessment at value for farm use pursuant to ORS 215.236(4)
shall not requalify for special assessment unless, when
combined with another contiguous parcel, it constitutes a
qualifying parcel.
H. Temporary Hardship Dwelling.
1. A dwelling listed in Section 18.16.030(F) is allowed
under the following conditions:
a. The dwelling is a manufactured home and is used in
conjunction with an existing dwelling on the lot or parcel;
b. The manufactured home would be temporarily sited on
the lot or parcel only for the term of a hardship suffered by
the existing resident or relative of the resident;
C. The existence of a medical hardship is verified by
a written doctor's statement, which shall accompany the
permit application; and
d. The temporary manufactured home uses the same
subsurface sewage disposal system used by the existing
dwelling, provided that the existing disposal system is
adequate to accommodate the additional dwelling.
2. Permits granted under this subsection shall be subject
to the provisions of Section 18.116.090(B) and (C) and shall
be required to meet any applicable DEQ review and removal
requirements as a condition of approval.
3. As used in this subsection, the term "hardship" means a
medical hardship or hardship for the care of an aged or
infirm person or persons. As used in this subsection, the
term "relative" means grandparent, grandchild, parent, child,
brother or sister of the existing resident."
Section 16. Section 18.16.055 of the Deschutes County Code, as
amended, is further amended to read as follows:
"18.16.055 Land Divisions
A. General. A d[D]ivision[s] of land in the farm zone
shall be identified on the land division application as
either a farm division, nonfarm dwelling division[,] or a
nonfarm division.
20 - ORDINANCE NO. 95-007 (3-1-95)
B. Farm Divisions. A f[F]arm division[s] shall be subject
to the minimum lot size requirements of Section 18.16.060(A)
and all applicable requirements of Title 17. Notwith-standing
the provisions of Section 18.16.060(B), partitions
establishing parcels less than the EFU minimum lot size in
EFU areas may be permitted to create one new parcel for a
nonfarm dwelling that has been approved under subsection
18.16.050(D), provided that the remaining farm parcel meets
the minimum established by the EFU subzones.
The minimum size for new parcels for farm use does not mean
that dwellings may be approved on the new parcels. New
dwellings in conjunction with farm use must satisfy the
criteria in Section 18.16.050.
C. Nonfarm Dwelling Division[s].
1[a]. A n[N]onfarm dwelling land division[s] shall be
subject to the minimum lot size requirements of Section
18.16.060(B) and all applicable requirements of the partition
ordinance, including the general partition standards set
forth in Chapter 17.22 and the Section 18.16.050(D) standards
for nonfarm dwellings. Each nonfarm dwelling land division
application shall be accompanied by an application for a
dwelling on each parcel to be created.
2[b]. Nonfarm subdivisions are prohibited. No more than
three nonfarm parcels may be created from any one parent
parcel[,] existing as of the effective date of Ordinance 92-
065.
D. Nonfarm Divisions] other than Nonfarm Dwelling[s].
Such divisions shall be subject to the minimum lot size
requirements of Section 18.16.060(C) of this Chapter and the
applicable partitioning standards, including the general
partition standards set forth in Chapter 17.22, the
Subdivision and Partition Ordinance."
Section 17. Section 18.16.060 of the Deschutes County Code, as
amended, is further amended to read as follows:
"18.16.060 Dimensional standards.
A. The minimum parcel size for farm parcels created
subject to Title 17 of the Deschutes County Code shall be as
specified under Section 18.16.065, "Subzones."
B. The minimum lot size for non-farm land divisions is
20 acres.
C. The minimum lot area for all non-farm uses
permitted by Section 18.16.030[(E)](G) through [(DD)] (CC)
shall be that determined by the Planning Directory or
21 - ORDINANCE NO. 95-007 (3-1-95)
0138-06t';2
Hearings Body to carry out the intent and purposes of ORS
Chapter 215, this title and the Comprehensive Plan. In no
case shall lot areas be less than one acre.
D. Each lot shall have a minimum street frontage of 50
feet.
E. Building Height. No building or structure shall be
erected or enlarged to exceed 30 feet in height, except as
allowed under Section 18.120.040."
(Ord. 93-043 5 3, 1993; Ord. 93-004 S 1, 1993; Ord. 92-065 S
3, 1992; Ord. 92-055 S 1, 1992; Ord. 91-038 SS 1 and 2, 1991;
Ord. 91-020 S 1, 1991)
Section 18. Section 18.16.065 of the Deschutes County Code, as
amended, is further amended to read as follows:
"18.16.065 Subzones
A. Lower Bridge
[a]. A p[P]roposed farm division[s] must result in parcels
which demonstrate the following characteristics or
capabilities:
[1.] 130 acres of irrigated land or 1991 assessed farm
use value of $31,850.[; or]
[2. Median irrigated acres or the equivalent assessed farm
use value (i.e., irrigated acres x $245/acre) for commercial
farms within a 2 -mile radius as measured from parcel
perimeter. To qualify under this criterion parcels must
contain at least 48 irrigated acres.]
[b. Applications for farm dwellings on existing parcels
must meet one of the following:
1. The subject property contains at least 130 irrigated
acres or has a 1991 assessed farm use value of $31,850; or
2. The subject property contains the median irrigated acres
or has the equivalent assessed farm use value (i.e.,
irrigated acres x $245/acre) of commercial farms within a 2 -
mile radius as measured from parcel perimeter; or
3. The applicant demonstrates through a farm management
plan the ability of the parcel to produce annual gross sales
of $52,650 or provides evidence that the parcel is part of a
farm operation made up of non-contiguous tracts that together
can meet the criteria in (b)(1), above.]
B. Sisters/Cloverdale
22 - ORDINANCE NO. 95-007 (3-1-95)
[a.] A p[P]roposed farm division[s] must result in parcels
which demonstrate the following characteristics or
capabilities:
[1.] 63 acres of irrigated land or 1991 assessed farm
use value of $14,931.[; or]
[2. Median irrigated acres or the equivalent assessed farm
use value (i.e., irrigated acres x $237/acre) of commercial
farms within a half -mile radius as measured from parcel
perimeter. To qualify under this criterion parcels must
contain at least 23 irrigated acres.]
[b. Applications for farm dwellings on existing parcels
must meet one of the following:
1. The subject property contains at least 63 irrigated
acres or has a 1991 assessed farm use value of $14,931; or
2. The subject property contains the median irrigated acres
or has the equivalent assessed farm use value (i.e.,
irrigated acres x $237/acre) of commercial farms within a
half -mile radius as measured from parcel perimeter; or
3. The applicant demonstrates through a farm management
plan the ability of the parcel to produce annual gross sales
of $22,680 or provides evidence that the parcel is part of a
farm operation made up of non-contiguous tracts that together
can meet the criteria in (b)(1), above.]
C. Terrebonne
[a.] A p[P]roposed farm division[s] must result in parcels
which demonstrate the following characteristics or
capabilities:
[1.] 35 acres of irrigated land or 1991 assessed farm use
value of $8,365.[; or]
[2. Median irrigated acres or the equivalent assessed farm
use value (i.e., irrigated acres x $239/acre) of commercial
farms within a half -mile radius as measured from parcel
perimeter. Parcels which qualify under this criterion must
contain at least 23 irrigated acres.]
[b. Applications for farm dwellings on existing parcels
must meet one of the following:
1. The subject property contains at least 35 irrigated
acres or has a 1991 assessed farm use value of $8,365; or
2. The subject property contains the median irrigated acres
or has the equivalent assessed farm use value (i.e.,
23 - ORDINANCE NO. 95-007 (3-1-95)
0138-06,"A
irrigated acres x $239/acre) of commercial farms within a
half -mile radius as measured from parcel perimeter; or
3. The applicant demonstrates through a farm management
plan the ability of the parcel to produce annual gross sales
of $12,600 or provides evidence that the parcel is part of a
farm operation made up of non-contiguous tracts that together
can meet the criteria in (b)(1), above.]
D. Tumalo/Redmond/Bend
[a.] A p[P]roposed farm division[s] must result in parcels
which demonstrate the following characteristics or
capabilities:
[1.] 23 acres of irrigated land or 1991 assessed farm use
value of $5,451.[; or]
[2. Median irrigated acres or the equivalent assessed farm
use value (i.e., irrigated acres x $237/acre) for commercial
farms within a half -mile radius as measured from parcel
perimeter. To qualify under this criterion parcels must
contain at least 18 irrigated acres.]
[b. Applications for farm dwellings on existing parcels
must meet one of the following:
1. The subject property contains at least 23 irrigated
acres or has a 1991 assessed farm use value of $5,451; or
2. The subject property contains the median irrigated acres
or has the equivalent assessed farm use value (i.e.,
irrigated acres x $237/acre) of commercial farms within a
half -mile radius as measured from parcel perimeter; or
3. The applicant demonstrates through a farm management
plan the ability of the parcel to produce annual gross sales
of $8,280 or provides evidence that the parcel is part of a
farm operation made up of non-contiguous tracts that together
can meet the criteria in (b)(1), above.]
E. Alfalfa
[a.] A p[P]roposed farm division[s] must result in parcels
which demonstrate the following characteristics or
capabilities:
[1.] 36 irrigated acres or 1991 assessed farm use value of
$8,640.[; or]
[2. Median irrigated acres or the equivalent assessed farm
use value (i.e., irrigated acres x $240/acre) of commercial
farms within a half -mile radius as measured from parcel
24 - ORDINANCE NO. 95-007 (3-1-95)
16 2"
38- 5
perimeter. To qualify under this criterion parcels must
contain at least 19 irrigated acres.]
[b. Applications for farm dwellings on existing parcels
must meet one of the following:
1. The subject property contains at least 36 irrigated
acres or has a 1991 assessed farm use value of $8,640; or
2. The subject property contains the median irrigated acres
or the equivalent assessed farm use value (i.e., irrigated
acres x $240/acre) of commercial farms within a half -mile
radius as measured from parcel perimeter; or
3. The applicant demonstrates through a farm management
plan the ability of the parcel to produce annual gross sales
of $12,960 or provides evidence that the parcel is part of a
farm operation made up of non-contiguous tracts which
together can meet the criteria in (b)(1), above.]
F. LaPine
[a.] A p[P]roposed farm division[s] must result in parcels
which demonstrate the following characteristics or
capabilities:
[1.] 37 acres of irrigated land or 1991 assessed farm use
value of $11,570.
[b. Applications for farm dwellings on existing parcels must
meet one of the following:
1. The subject property contains at least 37 irrigated
acres or has a 1991 assessed farm use value of $11,570; or
2. The applicant demonstrates through a farm management
plan the ability of the parcel to produce annual gross sales
of $10,710 or provides evidence that the parcel is part of a
farm operation made up of non-contiguous tracts that together
can meet the criteria in (b)(1), above.]
G. Horse Ridge East
Minimum parcel size [ s ] for a farm division[s] or for farm -
related dwellings on existing parcels is 320 acres."
(Ord. 92-065, Sec. , 1992)
Section 19. Section 18.16.065 of the Deschutes County Code, as
amended, is further amended to read as follows:
"18.16.067 Farm Management Plans
25 - ORDINANCE NO. 95-007 (3-1-95)
A. Contents. A farm management plan shall consist of the
following components:
[(]1[)] A written description of existing and/or proposed
farm uses, including type of crops or livestock, size and
location of areas for each use, and land or soil preparation
required.
[(]2()] An assessment of the soils, climate and irrigation
on the parcel demonstrating that the parcel is suitable for
the current or proposed use outlined in Section A(1).
[(]3[)] A business plan, including a demonstration that
markets exist for the product; estimates of gross sales or
actual gross sales figures; estimated or actual figures
concerning necessary expenditures; and a list of capital
expenditures incurred or projected to be incurred in
establishing the farm use on the parcel.
[ ( ] 4 [ ) ] A written description of the farm uses in the area,
including acreage, size and type of crop or livestock raised
showing that the proposed plan is representative of similar
farm uses„ if any, in the area and will not conflict with
the existing agriculture types.
[(]5()] For farm uses not currently practiced in the area,
an analysis showing that the plan is representative of the
type of agriculture proposed.
B. Conditional Approvals.
[(]1[)] For purposes of land use approval, in instances
where at the time of application the subject land is not
currently in farm use, a farm management plan will be deemed
to demonstrate current employment of the land for farm use
if: (1) the farm management plan establishes a level of
farming that constitutes a farm use; (2) the farm management
plan sets forth specific timelines for the completion of
capital improvements (barns, fencing, irrigation, etc.) and
for the establishment of the proposed farm use on the parcel;
and (3) land use approval is subject to a condition that no
building permit for the farm dwelling can be issued prior to
a determination that pursuant to the farm management plan a
farm use has been established on the subject land.
[ ( ] 2 [ ) ] For purposes of determining under this section that
a farm use has been established on the land, the County shall
determine that the farm management plan has been implemented
to the extent that the farm use has [may reasonably be
expected to] achieved the [a] gross farm sales figure
required under Section 18.16.050 [equal to the median gross
sales figure for the subzone].
26 - ORDINANCE NO. 95-007 (3-1-95)
0138-06C
[C. Tier 3 Review. For purposes of Tier 3 approvals, the
management plan shall be reviewed by an independent expert.]
(Ord. 93-004 S 2, 1993; Ord. 92-065 S , 1992)
Section 20. The Covenants, Conditions and Restrictions form set
forth in Exhibit A hereto and incorporated herein by reference is
adopted as Exhibit A to Chapter 18.16.
Section 21. ADDITIONS AND DELETIONS. Unless otherwise noted,
additions to the existing code are set forth in bold-faced type;
deletions are enclosed in brackets.
Section 22. SEVERABILITY. The provisions of this ordinance are
severable. If any sentence, clause, or phrase of this ordinance is
found to be invalid by a court of competent jurisdiction that decision
shall not affect the validity of the remaining portions of this
ordinance.
Section 23. CORRECTIONS. This ordinance may be corrected by
order of the Board of County Commissioners to cure editorial and
clerical errors and to insert appropriate legislative history
references.
Section 24. 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 sections. 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 25. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express or implied, of any ordinance,
ordinance provision, code section, or any map or any line on a map
incorporated therein by reference, by this amending ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability previously incurred or that may hereafter be incurred under
such ordinance, unless a provision of this amending ordinance shall so
expressly provide, and such ordinance repealed shall be treated as
still remaining in force for the purpose of sustaining any proper
action or prosecution for the enforcement of such duty, condition,
penalty, forfeiture, or liability, and for the purpose of authorizing
the prosecution, conviction and punishment of the person or persons who
previously violated the repealed ordinance.
27 - ORDINANCE NO. 95-007 (3-1-95)
0138-0638
Section 26. 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 1st day of March, 1995.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES 7Z;OREGON
;v4✓
B Y H. S �HTER/ , Ch firman
/1 /�
ATTEST: NANCY EISC"' GEN, Commissi
Recording Secre ary ROBEAT L. NIPPER, Commi s oner
28 - ORDINANCE NO. 95-007 (3-1-95)
Exhibit A
Declaration of Covenants, Conditions and Restrictions
Whereas the undersigned hereinafter referred to
as "Declarant", is owner in fee simple of the property described in
Exhibit A attached hereto and by this reference incorporated herein
(the property); and
Whereas, Declarant has received approval to site a manufactured
home on the property described herein pursuant to land use permit No.
for an accessory farm dwelling, issued by Deschutes
County pursuant to Section 18.16.050(C) of the Deschutes County Code;
Whereas Section 18. 16.050(C)(1)(b)(iii) requires as a condition of
approval the recording of a deed restriction in favor of Deschutes
County requiring that any manufactured home sited under said permit be
removed prior to any further conveyance of this property; and
Whereas the Declarant desires to declare his/her intention to
create covenants, conditions and restrictions necessary to effectuate
and comply with the requirements of OAR 660-33-130(24)(a)(B)(iii) and
Section 18.16.050(C) of the Deschutes County Code;
Declarant hereby declares that all of the property described in
Exhibit A shall be held, sold and conveyed subject to the following
covenants, conditions and restrictions in favor of Deschutes County:
1. Declarant shall cause to be removed any manufactured home sited on
the property described herein pursuant to Deschutes County land
use permit No. for an accessory dwelling prior
to any further conveyance of the property.
2. Declarant's obligations under this covenant shall not be
extinguished by any subsequent conveyance made in disregard of
these covenants, conditions and restrictions.
3. These covenants, conditions and restrictions shall in addition run
with the land and be binding upon any of the Declarant's
successors in interest should the property be transferred in
disregard of this covenant.
4. It is intended that this covenant shall have the same effect as a
regulation designed to implement the comprehensive plan. This
covenant may be enforced by Deschutes County by a suit in equity,
or if Deschutes County fails to take such action, by any person
described in ORS 215.188.
29 - ORDINANCE NO. 95-007 (3-1-95)
0138-061,010
5. These covenants, conditions and restrictions shall be released by
the County upon proof that the requirements set forth herein have
been met.
Dated this day of
(Signature)
(notary seal)
30 - ORDINANCE NO. 95-007 (3-1-95)