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1995-41625-Ordinance No. 95-075 Recorded 11/30/199595-41625
REVIEWED
' LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, * yQ 1it^1►
County Zoning, of the Deschutes
County Code and Declaring an * u
Emergency. w-?
ORDINANCE NO. 95-075
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES�.,��UNTY, OREGON,
ORDAINS as follows: CO
Section 1. Amendment. Title 18, "County Zoning," as amended
and as presented here in its codified form is further amended to read
as set forth in Exhibit "A," attached hereto and by this reference
incorporated herein, with new language in bold type and deletions noted
in brackets.
Section 2. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance 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.
Section 3. 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 Deschutes
County Form and Style Manual for Board Documents. Such codification
shall include the authority to make such 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 4. 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expressly provide, and such ordinance repealed shall be treated as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.
/XRONUv1E®
PAGE 1 - ORDINANCE NO. 95-075 (11/29/95)
,s 4.
1995 u16 i\995 ,
Section 5. Emergency.
immediate preservation of the
emergency is declared to exist,
passage.
This ordinance being necessary for the
public peace, health and safety, an
and this ordinance takes effect on its
DATED this 29th day of November, 1995.
ATT T:
Recording Secretary
BOARD OF COUNTY COMMIRS
OF DESCHUTES COUNTY, OREGON
PAGE 2 - ORDINANCE NO. 95-075 (11/29/95)
EXHIBIT "A"
xi AM. L V
-" ,.,
Title 18
COUNTY ZONING
Chapters:
18.04
Title, Purpose and Definitions
18.08
Basic Provisions
18.12
Establishment of Zones
18.16
Exclusive Farm Use Zones
1832
Multiple Use Agricultural
1836
Forest Use F-1 Zone
18.40
Forest Use F-2 Zone
18.44
Forest Use F-3 Zone
18.48
Open Space and Conservation - OS&C Zone
1852
Surface Mining - SM Zone
1856
Surface Mining Impact Area Combining -SMIA Zone
18.60
Rural Residential - RR -10 Zone
18.64
Rural Service Center Zone - RSC Zone
18.68
Rural Service Residential - M - RSR -M Zone
18.72
Rural Service Residential - 5 - RSR -5 Zone
18.76
Airport Development - A -D Zone
18.80
Airport Height Combining - A -H Zone
18.84
Landscape Management Combining - LM Zone
18.88
Wildlife Area Combining - WA Zone
18.90
Sensitive Bird and Mammal Habitat - Combining
Zone - SBMH
18.92
Conventional Housing Combining - CH Zone
18.96
Flood Plain - FP Zone
18.100
Rural Industrial - R -I Zone
18.104
Research And Development - R&D Zone
18.108
Planned Community - PC Zone
18.112
Limited Use Combining - LU Zone
18.113
Destination Resorts - DR Zone
18.116
Supplementary Provisions
18.120
Exceptions
18.124
Site Plan Review
18.128
Conditional Use
18.132
Variances
18.136
Amendments
18.140
Administrative Provisions
18.144
General Provisions
Chapter 18.04
TITLE, PURPOSE AND DEFINITIONS
Sections:
Definition -Bed or banks of
18.04.010
Title.
18.04.020
Purpose.
18.04.030
Definitions.
18.04.035
Definition -Accepted farming
18.04.150
practice.
18.04.040
Definition -Access.
18.04.045
Definition -Accessory use or
18.04.165
accessory structure.
18.04.050
Definition -Adjoining.
18.04.055
Definition -Agricultural land.
18.04.060
Definition -Agricultural
structure.
18.04.062
Definition -Agricultural use.
18.04.065
Definition -Aircraft.
18.04.070
Definition -Airport.
18.04.080
Definition -Apartment.
18.04.090
Definition -Area of special
18.04.240
flood hazard.
18.04.095
Definition -Automobile
18.04.245
wrecking yard.
18.04.100
Definition -Automobile service
18.04.250
station.
18.04.105
Definition -Automobile repair
18.04.255
garage.
18.04.110
Definition -Automobile and
18.04.260
trailer sales area.
18.04.115
Definition -Auxiliary.
18.04.120
Definition -Bank -full stage.
18.04.125
Definition -Basement.
18.04.130
Definition -Bed and breakfast
inn.
18.04.135
Definition -Bed or banks of
stream or river.
18.04.140
Definition -Bicycle.
18.04.145
Definition -Bicycle commuter
18.04.190
facilities.
18.04.150
Definition -Bicycle facilities.
18.04.155
Definition -Bicycle route.
18.04.160
Definition -Bikeway.
18.04.165
Definition -Boarding house.
18.04.170
Definition -Boat dock or pier,
community.
Chapter 18.04
18.04.175
Definition -Boat dock or pier,
individual.
18.04.180
Definition -Boat house.
18.04.185
Definition -Boat slip.
18.04.190
Definition -Building.
18.04.195
Definition -Campground.
18.04.200
Definition -Carrying capacity.
18.04.205
Definition -Church.
18.04.210
Definition -Clear vision area.
18.04.215
Definition -Cluster
development.
18.04.220
Definition -Commercial
agricultural enterprise.
18.04.225
Definition -Commercial
amusement establishment.
18.04.230
Definition -Commercial farm.
18.04.235
Definition -Commercial forest
land.
18.04.240
Definition -Commercial
residential use.
18.04.245
Definition -Community service
use.
18.04.250
Definition -Community water
system.
18.04.255
Definition -Community sewage
system.
18.04.260
Definition -Conditional use.
18.04.265
Definition -Condominium.
18.04.270
Definition -Conduit.
18.04.275
Definition -Conflicting use.
18.04.280
Definition -Conservation
easement.
18.04.285
Definition -Contiguous land.
18.04.290
Definition -Cross-section
18.04.295
Definition -Dam.
18.04.300
Definition -Destination resort.
18.04.305
Definition -DEQ.
18.04.310
Definition -Developed
recreation facilities.
18.04315
Definition -Disposal site.
18.04320
Definition -Diversion.
18.04325
Definition-DOGANII.
18.04326
Definition -Driveway.
18.04.330
Definition -Dust -sensitive use.
18.04335
Definition -Dwelling, multi-
family.
18.04340
Definition -Dwelling, single-
family.
(11/95)
18.04.345
Definition -Dwelling, seasonal.
18.04.350
Definition -Dwelling, two-
18.04.450
family.
18.04355
Definition -Dwelling unit.
18.04360
Definition -Dude ranch.
18.04365
Definition -Easement.
18.04370
Definition -Ensure.
18.04375
Definition-ESEE.
18.04380
Definition -Excavation, grading
18.04.560
and fill and removal.
18.04385
Definition -Exempt vegetation.
18.04390
Definition -Existing.
18.04395
Definition -Exploration (for
18.04.490
minerals).
18.04.400
Definition -Factory built
18.04.500
dwelling.
18.04.405
Definition -Family.
18.04.410
Definition -Farm use.
18.04.415
Definition -Feed lot.
18.04.420
Definition -Fence, sight -
18.04.515
obscuring.
18.04.425
Definition -Fill and removal.
18.04.430
Definition -Fire break.
18.04.435
Definition -Fish passage
18.04.595
device.
18.04.440 Definition -Fish protection
� L-8-1141
18.04.520 Definition -Geothermal well,
device.
18.04.445
Definition -Flood or flooding.
18.04.450
Definition -Flood, base.
18.04.455
Definition -Flood insurance rate
18.04.531
map (FIRM).
18.04.460
Definition -Flood insurance
study.
18.04.465
Definition -Flood plain.
18.04.470
Definition -Flood plain
18.04.560
development.
18.04.475
Definition-Floodway.
18.04.480
Definition -Forest lands.
18.04.485
Definition -Forest operation.
18.04.490
Definition -Forest practice.
18.04.495
Definition -Forest uses.
18.04.500
Definition -Frontage.
18.04.505
Definition -Geothermal energy
18.04.583
facility, small-scale.
18.04.510
Definition -Geothermal
18.04.584
resource, high-temperature.
18.04.515
Definition -Geothermal
18.04.585
resource, low-temperature.
� L-8-1141
18.04.520 Definition -Geothermal well,
Chapter 18.04 2 (11/95)
high-temperature.
18.04.525
Definition -Geothermal well,
low-temperature.
18.04.530
Definition -Goal 5 resource.
18.04.531
Definition -Golf course.
18.04.532
Definition -Golf course,
Chapter 18.04 2 (11/95)
accessory uses.
18.04.535
Definition -Grade (ground
level).
18.04.540
Definition -Guest house.
18.04.545
Definition -Habitable floor.
18.04.546
Definition -High-value
farmland.
18.04.550
Definition -Highest shade
producing point.
18.04.560
Definition -Height of building.
18.04.565
Definition -Historic area or
district.
18.04.570
Definition -Historic site.
18.04.575
Definition -Home occupation.
18.04.580
Definition -Hog farm.
18.04.581
Definition -Horse events.
18.04.582
Definition -Horse stables.
18.04.583
Definition -Horse stables,
commercial.
18.04.584
Definition -Horse stable,
noncommercial.
18.04.585
Definition -Hydroelectric
facility.
18.04.590
Definition -Impoundment.
18.04.595
Definition -Intensive
agricultural use.
18.04.600
Definition -Interest.
18.04.605
Definition -Irrigated.
18.04.610
Definition -Junk yard.
18.04.615
Definition -Kennel.
18.04.620
Definition -Key facilities.
18.04.625
Definition -Land development.
18.04.630
Definition -Land disposal site.
18.04.635
Definition -Landing strip.
18.04.640
Definition -Landing strip,
personal use.
18.04.645
Definition -Landscaping.
18.04.650
Definition -Legislative.
18.04.655
Definition -Livestock.
18.04.660
Definition -Livestock feed lot.
18.04.665
Definition -Livestock sales yard.
Chapter 18.04 2 (11/95)
18.04.670
Definition -Loading space.
18.04.675
Definition -Lodge.
18.04.680
Definition -Lot.
18.04.685
Definition -Lowest floor.
18.04.690
Definition -Major partition.
18.04.695
Definition -Manufactured
18.04.1025
home.
18.04.700
Definition -Manufactured home
18.04.1035
park.
18.04.705
Definition -Manufactured home
subdivision.
18.04.710
Definition -Marina.
18.04.715
Definition -Mean sea level.
18.04.720
Definition -Mineral.
18.04.725
Definition -Mini -storage.
18.04.730
Definition -Minor partition.
18.04.735
Definition -Mitigation.
18.04.740
Definition -Modular homes.
18.04.745
Definition -Municipal water
supply system.
18.04.750
Definition -Natural area.
18.04.755
Definition -Natural hazard
area.
18.04.760
Definition -Natural resources.
18.04.765
Definition -Necessary for.
18.04.770
Definition -New construction.
18.04.775
Definition-Noise-sensitiveuse.
18.04.780
Definition -Nonconforming lot
or parcel.
18.04.785
Definition -Nonconforming
structure or use.
18.04.790
Definition -North lot line.
18.04.795
Definition -Nursery, day.
18.04.800
Definition -Nursing home.
18.04.805
Definition -Open space.
18.04.810
Definition -Ordinary high water
mark (OHM).
18.04.815
Definition -Ordinary low water
mark (OLM).
18.04.820
Definition -Overburden.
18.04.825
Definition -Overnight lodgings.
18.04.830
Definition -Owner.
18.04.835
Definition -Parcel.
18.04.840
Definition -Parking space.
18.04.845
Definition -Partition.
18.04.850
Definition -Partition land.
18.04.855
Definition -Partition plat.
18.04.860
Definition -Pedestrian facilities.
Chapter 18.04
18.04.865
Definition -Penstock.
18.04.870
Definition -Person.
18.04.875
Definition -Personal use
landing strips for airplanes
18.04.1015
and helicopter pad.
18.04.880
Definition -Petroleum
18.04.1025
distribution facility.
18.04.885
Definition -Planned
18.04.1035
community.
18.04.890
Definition -Planned
development.
18.04.895 Definition -Planned unit
development.
18.04.900 Definition -Plant nursery.
18.04.905 Definition -Plat.
18.04.910 Definition -Pole height.
18.04.911 Definition -Pot-bellied pig.
18.04.915 Definition -Potential structure.
18.04.920 Definition -Preexisting
nonconforming lot or parcel.
18.04.925 Definition -Prefabricated house.
18.04.930 Definition -Primary or principal
use.
18.04.935 Definition -Productive solar
collector.
18.04.940 Definition -Prospect well.
18.04.945 Definition -Protect.
18.04.950 Definition -Protected area.
18.04.955 Definition -Provide.
18.04.956 Definition -Public park.
18.04.960 Definition -Public use.
18.04.970 Definition -Public water system.
18.04.975 Definition -Quasi-judicial.
18.04.980 Definition -Ramada.
18.04.985 Definition -Ranch hand
residence.
18.04.990 Definition -Reclamation.
18.04.995 Definition -Recreation camps or
resorts.
18.04.1000
Definition -Recreation parks.
18.04.1005
Definition -Recreational vehicle.
18.04.1010
Definition -Recreational vehicle
park.
18.04.1015
Definition-Replat.
18.04.1020
Definition -Residential.
18.04.1025
Definition-Residentialfacility.
18.04.1030
Definition -Residential home.
18.04.1035
Definition -Resource recovery.
3 (11/95)
18.04.1040
Definition -Right of way.
18.04.1045
Definition-Rimrock.
18.04.1050
Definition -Road and street
18.04.1235
projects.
18.04.1055
Definition -Road or street.
18.04.1060
Definition -Roadway.
18.04.1065
Definition -Scenic area.
18.04.1070
Definition -School, private.
18.04.1075
Definition -School, public.
18.04.1080
Definition -Self-contained
development.
18.04.1085
Definition -Semipublic use.
18.04.1090
Definition -Service
18.04.1265
establishment.
18.04.1095
Definition -Setback.
18.04.1100
Definition -Setback, front.
18.04.1105
Definition -Setback, rear.
18.04.1110
Definition -Setback, side.
18.04.1115
Definition -Setback, street
18.04.1290
side.
18.04.1120
Definition -Shade.
18.04.1125
Definition -Shopping complex.
18.04.1130
Definition -Sign.
18.04.1135
Definition -Sign, advertising.
18.04.1140
Definition -Solar access.
18.04.1145
Definition -Solar access permit.
18.04.1150
Definition -Solar collector.
18.04.1155
Definition -Solar heating hours.
18.04.1160
Definition -Solar height
restriction.
18.04.1165
Definition -Solid waste.
18.04.1170
Definition -Stabling or
18.04.1340
training equines.
18.04.1180
Definition -Start of
18.04.1345
construction.
18.04.1185
Definition -Story.
18.04.1190
Definition -Story, half.
18.04.1195
Definition -Stream, perennial.
18.04.1200
Definition -Street.
18.04.1205
Definition -Structural
alteration.
18.04.1210
Definition -Structure.
18.04.1215
Definition -Subdivide lands.
18.04.1216
Definition -Subdivision.
18.04.1220
Definition -Subdivision plat.
18.04.1225
Definition -Substantial
improvement.
Chapter 18.04
18.04.010 Title.
This title shall be known as the Deschutes
County Zoning Ordinance of 1979. (Ord. 91-
020 § 1, 1991)
18.04.020 Purpose.
A. The intent or purpose of this title is to
4 (11/95)
01418-1143
18.04.1230
Definition -Substantially
shaded.
18.04.1235
Definition -Sun chart.
18.04.1240
Definition -Surface mining.
18.04.1245
Definition -Surface mining,
minerals.
18.04.1250
Definition -Surface mining,
operator.
18.04.1255
Definition -Surface mining,
processing.
18.04.1260
Definition -time share unit.
18.04.1261
Definition -Tract.
18.04.1265
Definition -Trailer.
18.04.1270
Definition -Trailer park.
18.04.1275
Definition -Trailer, travel.
18.04.1280
Definition -Trailer, vacation.
18.04.1285
Definition -Transmission
facility.
18.04.1290
Definition -Transit route.
18.04.1295
Definition -Transit facility.
18.04.1300
Definition -Traveler's
accommodations.
18.04.1305
Definition-Unbuildable area.
18.04.1310
Definition -Use.
18.04.1315
Definition -Utility facility.
18.04.1320
Definition -Variance.
18.04.1321
Definition -Veterinary clinic.
18.04.1325
Definition -Visitor -oriented
accommodations.
18.04.1330
Definition -Walkway.
18.04.1335
Definition -Wetland.
18.04.1340
Definition -Winter solar heating
hours.
18.04.1345
Definition -Yard.
18.04.1350
Definition -Yard, front.
18.04.1355
Definition -Yard, rear.
18.04.1360
Definition -Yard, side.
18.04.1365
Definition -Yard, street side.
18.04.1370
Definition -Zero lot line.
18.04.010 Title.
This title shall be known as the Deschutes
County Zoning Ordinance of 1979. (Ord. 91-
020 § 1, 1991)
18.04.020 Purpose.
A. The intent or purpose of this title is to
4 (11/95)
promote the public health, safety and general
welfare and to carry out the Deschutes County
Comprehensive Plan, the provisions of Oregon
Revised Statutes chapter 215 and the
Statewide Planning Goals adopted pursuant to
Oregon Revised Statutes chapter 197. This
title 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;
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 Oregon Revised
Statutes 215.044 and Oregon Revised Statutes
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. 91-020 § 1, 1991; Ord. 83-037 § 1, 1983)
18.04.030 Definitions.
As used in this title, the following words and
phrases shall mean as set forth in the
remaining sections of this chapter. (Ord. 95-
075 § 1, 1995; Ord. 91-020 § 1, 1991)
18.04.035 Definition -Accepted farming
practice.
"Accepted farming practice" means 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
U.As-1144
obtain a profit in money, and customarily
utilized in conjunction with farm use.
18.04.040 Definition -Access.
"Access" means the right to cross between
public and private property allowing
pedestrians and vehicles to enter and leave
property.
18.04.045 Definition -Accessory use or
accessory structure.
"Accessory use or accessory structure"
means 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)
18.04.050 Definition -Adjoining.
"Adjoining" means contiguous; touching or
connected, including tracts of land that only
connect or touch at a common point. (Ord.
91-020 § 1, 1991)
(Definition -Affected persons deleted by Ord.
91-038 § 4, 1991)
18.04.055 Definition -Agricultural land.
"Agricultural Land" means 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
suitable for farm use, taking into consideration
soil fertility, suitability for grazing and
cropping, climatic conditions, existing and
future availability of water for farm irrigation
purposes, 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 5 (11/95)
18.04.060 Definition -Agricultural
structure.
"Agricultural structure" means agricultural
structures include any structure considered to
be an agricultural structure under the building
code. (Ord. 92-034 § 1, 1992)
18.04.062 Definition -Agricultural use.
"Agricultural use" means 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 Oregon
Revised Statutes chapter 321, except land used
exclusively for growing cultured Christmas
trees. (Ord. 94-008 § 2, 1994)
18.04.065 Definition -Aircraft.
"Aircraft" means any vehicle designed or
used for flight through the air and capable of
carrying goods or people.
18.04.070 Definition -Airport.
"Airport" means 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 aircraft and any appurtenant areas,
buildings or facilities.
(Definition -Animal hospital deleted by Ord.
94-053 § 1, 1994)
18.04.080 Definition -Apartment.
For "apartment" see "dwelling, multiple -
family."
(Definition -Area of shallow flooding deleted
by Ord. 93-002 § 1, 1993.)
18.04.090 Definition -Area of special flood
hazard.
"Area of special flood hazard" means 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). (88-030 § 3,
1988)
18.04.095 Definition -Automobile
wrecking yard.
"Automobile wrecking yard" means a
premises used for the storage or sale of used
automobile or truck parts or for the storage,
dismantling or abandonment of obsolete
automobiles, trailers, trucks, machinery or
parts thereof.
18.04.100 Definition -Automobile service
station.
"Automobile service station" means a
building or portion thereof or land used for
the retail sale of automobile fuel, oil and
accessories and service.
18.04.105 Definition -Automobile repair
garage.
"Automobile repair garage" means 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.
18.04.110 Definition -Automobile and
trailer sales area.
"Automobile and trailer sales area" means
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.
Chapter 18.04 6 (11/95)
18.04.115 Definition -Auxiliary.
"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
structure is located on a site, temporary in
nature, and is not designed to remain for the
forest's entire growth cycle from planting to
harvesting. An auxiliary use is removed when
a particular forest practice has concluded.
(92-025 § 1, Exhibit A, 1992)
18.04.120 Definition -Bank -full stage.
"Bank -full stage" means 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. (86-056 § 2, 1986)
18.04.125 Definition -Basement.
"Basement" means a story partly or wholly
underground. 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. (Ord. 93-043 § 1, 1993)
18.04.130 Definition -Bed and breakfast
inn.
"Bed and breakfast inn" means a single-
family dwelling unit where lodging and meals
are provided for compensation, in which no
more than three guest rooms are provided for
no more than eight guests. A guest shall not
rent for a time period longer than 30
consecutive days. (Ord. 93-043 § 1, 1993; 91-
038 § 3, 1991)
18.04.135 Definition -Bed or banks of
stream or river.
"Bed or banks of stream or river" means 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)
18.04.140 Definition -Bicycle.
"Bicycle" means 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 that 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)
18.04.145 Definition -Bicycle commuter
facilities.
"Bicycle commuter facilities" means
shower(s) and changing room(s) provided in
commercial and public buildings employing at
least 25 people. Such facilities may be part of
regular bathroom facilities. (Ord. 93-005 § 1,
1993)
18.04.150 Definition -Bicycle facilities.
"Bicycle facilities" is 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)
18.04.155 Definition -Bicycle route.
"Bicycle route" means a segment of a
bikeway system designated with appropriate
directional and information markers by the
jurisdiction having authority. (Ord. 93-005 § 2,
1993)
18.04.160 Definition -Bikeway.
"Bikeway" means 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)
18.04.165 Definition -Boarding house.
"Boarding house" means a building or
portion thereof, other than a motel, restaurant
Chapter 18.04 7 (11/95)
or hotel, where meals or lodging or both are
provided for compensation for more than four
persons, other than a family.
18.04.170 Definition -Boat dock or pier,
community.
"Boat dock or pier, community" means 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. 93-043 § 1,1993; Ord. 89-009 § 2,1989)
18.04.175 Definition -Boat dock or pier,
individual.
"Boat dock or pier, individual" means a
personal use boating structure that is built
over or 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. 93-043 § 1,
1993; Ord. 89-009 § 2, 1989)
18.04.180 Definition -Boat house.
"Boat house" means a covered or enclosed
structure 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)
18.04.185 Definition -Boat slip.
"Boat slip" means an area of bank or shore
where soil or other material is excavated to a
level at or below the level of the waters of an
adjacent lake, river or stream, to allow the
mooring or landing of marine transport within
the excavated area. (Ord. 89-009 § 2, 1989)
18.04.190 Definition -Building.
"Building" means a structure built for the
support, shelter or enclosure of persons,
animals, chattels or property of any kind.
(Definition -Camp, tourist or trailer park
deleted by Ord. 91-038 § 4, 1991)
18.04.195 Definition -Campground.
"Campground" means an area designed for
overnight, temporary use where facilities are
provided to accommodate camping for two or
more tents or recreational vehicles. A
campground shall not include campsite utility
hook-ups, intensively developed recreational
uses such as swimming pools or tennis courts
or commercial activities such as retail stores
or gas stations. (Ord. 94-041 § 2, 1994; Ord.
91-038 § 3, 1991)
(Definition -Camping vehicles deleted by Ord.
91-038 § 4, 1991)
18.04.200 Definition -Carrying capacity.
"Carrying capacity" means 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.
18.04.205 Definition -Church.
"Church" means an institution that has non-
profit status as a church established with the
Internal Revenue Service. (Ord. 91-038 § 3,
1991)
18.04.210 Definition -Clear vision area.
"Clear vision area" means 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 measured from a point determined
by the extension of the lot lines to a point of
intersection. 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)
18.04.215 Definition -Cluster
development.
"Cluster development" means a planned
development, at least five acres in area,
Chapter 18.04 8 (11/95)
permitting the clustering of single or multi-
family residences on one part of the property,
with individual lots not exceeding two 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 are permitted.
(Ord. 93-043 § 1, 1993; Ord. 84-015 § 1, 1984)
18.04.220 Definition -Commercial
agricultural enterprise.
"Commercial agricultural enterprise" means
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)
18.04.225 Definition -Commercial
amusement establishment.
"Commercial amusement establishment"
means a facility supplying refreshments and
various forms of entertainment to the general
public.
18.04.230 Definition -Commercial farm.
"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 percent 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)
18.04.235 Definition -Commercial forest
land.
"Commercial forest land" means land which
is used for the growing and harvesting of
Chapter 18.04
forest tree species. (Ord. 92-025 § 1, Exhibit
A, 1992)
18.04.240 Definition -Commercial
residential use.
"Commercial residential use" means a
building, portion of a building or group of
buildings designed or used for human
occupancy or 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.
18.04.245 Definition -Community service
use.
"Community service use" means any public
or semi-public uses, such as landfills schools,
utility facilities, churches, community
buildings, 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. 93-043 § 1,1993;
Ord. 85-016 § 1, 1985)
18.04.250 Definition -Community water
system.
"Community water system" means 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.
18.04.255 Definition -Community sewage
system.
"Community sewage system" means 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
maintenance. Does not include municipal or
9 (11/95)
public utility sewage disposal system.
18.04.260 Definition -Conditional use.
"Conditional use" means a use that may be
permitted, 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)
18.04.265 Definition -Condominium.
"Condominium" means 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
Oregon Revised Statutes 100.050 to 100.625.
(Ord. 91-038 § 3, 1991)
18.04.270 Definition -Conduit.
"Conduit" means any tunnel, canal, pipeline,
aqueduct, flume, ditch or similar man-made
structure which is or may be used to convey
water. (Ord. 86-018 § 1, 1986)
18.04.275 Definition -Conflicting use.
"Conflicting use" means a land use which
could negatively impact or be negatively
impacted by a Goal 5 resource. (Ord. 91-038
§ 3, 1991)
18.04.280 Definition -Conservation
easement.
"Conservation easement" means a
nonpossessory interest in real property
conveyed by the property owner to the county,
imposing limitations or affirmative obligations
concerning the use of the property. The
purposes of a conservation easement include,
but are not limited to, 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
0148-1149
cultural aspects of the property. (Ord. 86-054
§ 1, 1986)
18.04.285 Definition -Contiguous land.
"Contiguous land" means parcels of land
under the same ownership which abut,
irrespective of roadways, stream or valley
bottom.
18.04.290 Definition -Cross-section.
"Cross-section" means a profile of the
ground surface perpendicular to the center
line of a street, stream or valley bottom.
18.04.295 Definition -Dam.
"Dam" means any man-made structure which
is or may be used to impound water. (Ord. 86-
018 § 1, 1986)
18.04.300 Definition -Destination resort.
"Destination resort" means a self-contained
development providing visitor -oriented
accommodations 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
dedicated to permanent open space, excluding
yards, street 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 developed
recreational facilities and visitor -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
facilities intended to serve the entire
development and visitor -oriented
accommodations must be physically provided
or be guaranteed through surety bonding or
substantially equivalent financial assurances
prior to closure of sale of individual lots or
units. In phased developments, developed
Chapter 18.04 10 (11/95)
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, includingmeetingrooms, 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.
E. 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, 1992)
18.04305 Definition -DEQ.
"DEQ" means the Oregon Department of
Environmental Quality. (Ord. 90-014 § 2,
1990)
18.04310 Definition -Developed
recreation facilities.
"Developed recreation facilities"with respect
to destination resorts, means improvements
constructed for the purpose of recreation.
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, 1992)
18.04315 Definition -Disposal site.
"Disposal site" means land facilities used for
disposal, handling or transfer of or resource
recovery of solid wastes. (Ord. 92-066 § 1,
1992)
18.04320 Definition -Diversion.
"Diversion" means 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)
18.04325 Definition-DOGAMI.
"DOGAMI" means the Oregon Department
of Geology and Mineral Industries. (Ord. 90-
014 § 2, 1990)
0148-1150
18.04.326 Definition -Driveway.
"Driveway" means a way created to provide
vehicular access from a public or private road
to a garage or parking area.
18.04330 Definition -Dust -sensitive use.
"Dust -sensitive use" means real property
normally used as a residence, school, church,
hospital or similar use. Property used in
industrial or agricultural activities is not "dust -
sensitive" unless it meets the above criteria in
more than an incidental manner. Accessory
uses such as garages and workshops do not
constitute dust -sensitive uses. (Ord. 91-038 §
1, 1991; Ord. 90-014 § 2, 1990)
18.04335 Definition -Dwelling,
multi -family.
"Dwelling, multi -family" means a building or
portion thereof designed for occupancy by
three or more families living independently of
each other.
18.04340 Definition -Dwelling, single-
family.
"Dwelling, single-family" means a detached
building containing one dwelling unit and
designed for occupancy by one family only,
not including manufactured homes and such
temporary structures as tents, tepees, travel
trailers and other similar structures. (Ord. 93-
043 § 1, 1993; Ord. 91-005 § 1, 1991)
18.04345 Definition -Dwelling, seasonal.
'Dwelling, seasonal' means a dwelling unit,
including a manufactured home, travel trailer,
or camping vehicle, designed for and used as
a temporary dwelling by one family for
recreational or seasonal purposes only.
18.04350 Definition -Dwelling, two-
family.
"Dwelling, two-family" means a building
containing two dwelling units and designed for
occupancy by two families.
18.04355 Definition -Dwelling unit.
"Dwelling unit" means one or more rooms in
Chapter 18.04 11 (11/95)
a building designed for occupancy by one
family and having not more than one cooking
area or kitchen.
18.04.360 Definition -Dude ranch.
"Dude ranch" means 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
nonresidents.
18.04365 Definition -Easement.
"Easement" means 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.
18.04370 Definition -Ensure.
"Ensure" means guarantee; make sure or
certain something will happen. (Ord. 91-020 §
1, 1991)
18.04375 Definition-ESEE.
The letters "ESEE" 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.
A conflicting use is one which could negatively
impact or be negatively impacted by the Goal
5 resource. (Ord. 90-014 § 2, 1990)
18.04380 Definition -Excavation, grading
and fill and removal.
"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 Oregon
Revised Statutes chapter 215. (Ord. 91-038 §
3, 1991)
18.04385 Definition -Exempt vegetation.
"Exempt vegetation" means a tree or other
plant that is shown by the sun chart
accompanying a solar access permit
olq-1151
application to cast existing shade on a
protected area. (Ord. 83-037 § 2, 1983)
18.04.390 Definition -Existing.
"Existing" means existing at the time of
application. (Ord. 83-037 § 2, 1983)
18.04395 Definition -Exploration (for
minerals).
"Exploration (for minerals)" means all
activities conducted on or beneath the surface
of the earth for the purpose of determining
presence, location, extent, grade or economic
viability of a deposit. "Exploration" does not
include prospecting, chemical processing of
minerals or the off -premises sale or use of any
minerals. (Ord. 91-002 § 11, 1991)
18.04.400 Definition -Factory built
dwelling.
"Factory built dwelling" means 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)
18.04.405 Definition -Family.
"Family" means 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.
18.04.410 Definition -Farm use.
"Farm use" means the current employment
of the land for the primary purpose of
obtaining a 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
Chapter 18.04 12 (11/95)
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 includes the
propagation, cultivation, maintenance and
harvesting of aquatic species. Farm use does
not include the use of land subject to the
provisions of Oregon Revised Statutes chapter
321, except land used exclusively for growing
cultured Christmas trees. (Ord. 94-008 § 1,
1994; Ord. 91-038 § 1, 1991)
18.04.415 Definition -Feed lot.
"Feed lot" means a livestock feeding yard.
(Ord. 91-020 § 1, 1991)
18.04.420 Definition -Fence, sight -
obscuring.
"Fence, sight -obscuring" means a continuous
fence, wall, evergreen planting or combination
thereof constructed and/or planted to
effectively screen a particular use from view.
(Ord. 91-020 § 1, 1991)
18.04.425 Definition -Fill and removal.
"Fill and removal" means 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)
18.04.430 Definition -Fire break.
"Fire break" means a break in the ground
cover fuels intended to prevent the spread of
fire.
18.04.435 Definition -Fish passage
device.
"Fish passage device" means any man-made
structure which is or may be used to enable
fish to pass over a dam to move upstream.
(Ord. 86-018 § 1, 1986)
18.04.440 Definition -Fish protection
device.
"Fish protection device" means 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)
18.04.445 Definition -Flood or flooding.
"Flood or flooding" means a general and
temporary condition of partial or complete
inundation of normally dry land areas from:
A. The overflow of inland or tidal waters;
and/or
B. The unusual and rapid accumulation of
runoff of surface waters from any source.
(Ord. 88-030 § 3, 1988)
18.04.450 Definition -Flood, base.
"Flood, base" means the flood having a one
percent 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)
(Definition -Flood hazard area deleted by Ord.
88-030 § 1, 1988)
(Definition -Flood hazard boundary map
deleted by Ord. 88-030 § 1, 1988)
18.04.455 Definition -Flood insurance rate
map (FIRM).
"Flood Insurance Rate Map (FIRM)" is 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)
18.04.460 Definition -Flood insurance
study.
"Flood Insurance Study" is the official report
Chapter 18.04 13 (11/95)
provided by the Federal Insurance
Administration that includes flood profiles,
the Flood Boundary-Floodway Map, and the
water surface elevation of the base flood
condition of partial or complete inundation of
normally dry land areas. The Study is
adopted by reference in Ordinance No. 88-
031. (Ord. 88-030 § 3, 1988)
18.04.465 Definition -Flood plain.
"Flood plain" means 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)
18.04.470 Definition -Flood plain
development.
"Flood plain development" means any man-
made change to improved or unimproved real
estate, including, but not limited to, buildings
or other structures, mining, dredging, filling,
grading, paving, excavation or drilling
operations, located within the area of special
flood hazard. (Ord. 88-030 § 1, 1988)
(Definition -Flood plain profile deleted by
Ord. 88-030 § 1, 1988)
18.04.475 Definition-Floodway.
"Floodway" means 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)
18.04.480 Definition -Forest lands.
"Forest lands" means 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, 1992)
18.04.485 Definition -Forest operation.
"Forest operation" means any commercial
activity relating to the growing and harvesting
0148-x.153
of forest tree species. (Ord. 92-025 § 1, 1992)
18.04.490 Definition -Forest practice.
"Forest practice" means 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, 1992)
18.04.495 Definition -Forest uses.
"Forest uses" include production of trees
and the processing of forest products; open
space; buffers from noise andvisual 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.
18.04.500 Definition -Frontage.
"Frontage" means 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,
waterway, end of a dead-end or city boundary.
18.04.505 Definition -Geothermal energy
facility, small-scale.
"Geothermal energy facility, small-scale"
means 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 five miles
in length used to carry geothermal resources;
and related or supporting equipment and
facilities. (Ord. 85-002 § 1, 1985)
18.04.510 Definition -Geothermal
resource, high-temperature.
"Geothermal resource, high-temperature"
means any groundwater, steam or other fluid
250 degrees P or greater which is used for its
Chapter 18.04 14 (11/95)
thermal characteristics. (Ord. 93-043 § 1,1993;
Ord. 85-002 § 1, 1985)
18.04.515 Definition -Geothermal
resource, low-temperature.
"Geothermal resource, low-temperature"
means any groundwater, steam or other fluid
less than 250 degrees F° which is used for its
thermal characteristics. (Ord. 93-043 § 1,1993;
Ord. 85-002 § 1, 1985)
18.04.520 Definition -Geothermal well,
high-temperature.
"Geothermal well, high-temperature" means
any excavation, as defined by Oregon Revised
Statutes 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 constructed or
used for returning such resource to an
underground reservoir. (Ord. 85-002 § 1,
1985)
18.04.525 Definition -Geothermal well,
low-temperature.
"Geothermal well, low-temperature" means
any excavation, as defined by Oregon Revised
Statutes 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 § 1, 1985)
18.04.530 Definition -Goal 5 resource.
"Goal 5 resource" means open spaces, scenic
and historic areas and natural resources as
specified in Goal 5 of Oregon's Statewide
Planning Goals and its implementing
Administrative Rule, Oregon Administrative
Rules 660, Division 15.
18.04.531 Definition -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
0148-1.154
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.
"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 nonregulation development as executive
golf courses, Par 3 golf courses, pitch and putt
golf courses and miniature golf courses. (Ord.
95-007 § 1, 1995)
18.04.532 Definition -Golf course,
accessory uses.
"Golf course, accessory uses" means 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 nongolfing 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 nongolfing public; housing. (Ord. 95-
007 § 2, 1995)
Chapter 18.04 15 (11/95)
18.04.535 Definition -Grade (ground
level).
"Grade (ground level)" means 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 facing the road, river or
stream." (Ord. 93-043 § 1, 1993)
18.04540 Definition -Guest house.
"Guest house" means 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.
18.04.545 Definition -Habitable floor.
"Habitable floor" means any floor usable for
living purposes, including working, sleeping,
eating, cooking, or recreation or a
combination thereof. A floor used only for
storage purposes is not a habitable floor.
18.04.546 Definition -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 213), Agency sandy loam (1A), 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 (3313), Deskamp loamy
sand (36A and 36B), Deskamp sandy loam
(37B), Era sandy loam (4413 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 8613), Plainview sandy
loam (98A and 98B), Redmond sandy loam
(104A), Tetherow sandy loam (150A and
150B) and Tumalo sandy loam (152A and
152B). (Ord. 95-007 § 3, 1995)
18.04.550 Definition -Highest shade
producing point.
"Highest shade producing point" means the
highest shade producing point of the structure
two hours before and after the solar zenith on
December 21.
18.04.560 Definition -Height of building.
"Height of building" means the vertical
distance from grade to the highest point of the
roof.
18.04.565 Definition -Historic area or
district.
"Historic area or district" means lands with
sites, structures or objects of local, regional,
statewide or national historical significance as
indicated in the Comprehensive Plan
Resource Element.
18.04.570 Definition -Historic site.
"Historic site" means a location, structure or
object having local, regional, statewide or
national historic significance as indicated in
the Comprehensive Plan Resource Element.
18.04.575 Definition -Home occupation.
"Home occupation" means an occupation or
profession 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.
18.04.580 Definition -Hog farm.
"Hog farm" means any premises where 25 or
more hogs are maintained.
18.04.581 Definition -Horse events.
"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
Chapter 18.04 16 (11/95)
competitions, rodeos or jackpot roping
contests. (Ord. 94-008 § 3, 1994)
18.04.582 Definition -Horse stables.
"Horse stables" means 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)
18.04.583 Definition -Horse stables,
commercial.
"Horse stables, commercial" means stables
for the boarding and/or keeping of horses and
the training of horses that are not
noncommercial riding stables as defined in
this title. (Ord. 94-008 § 5, 1994)
18.04.584 Definition -Horse stable,
noncommercial.
"Horse stable, noncommercial" means 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 five horses
owned by persons not the owner or lessee of
the horse stable for their personal use. (Ord.
94-008 § 6, 1994)
18.04.585 Definition -Hydroelectric
facility.
"Hydroelectric facility" means 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,
turbines, transmission facilities and related
buildings, structures, storage areas, access
roads, parking areas and surrounding and
adjacent lands which are necessary for or
related to the facility.
18.04.590 Definition -Impoundment.
"Impoundment" means any man-made
structure which is or may be used to impound
water.
0148-1150
(Definition -Insure deleted by Ord. 91-020 § 1,
1991)
18.04.595 Definition -Intensive
agricultural use.
"Intensive agricultural use" means any
agricultural use where accepted farming
practice may produce noise, dust, chemical
application or other potential nuisance at any
time during the year.
18.04.600 Definition -Interest.
"Interest" includes a lot or parcel, a share,
undivided interest or membership which
includes the right to occupy the land
overnight, 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 Oregon Revised Statutes 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.
18.04.605 Definition -Irrigated.
"Irrigated." As used in chapter 18.16,
irrigated means 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. 95-007 § 4, 1995; Ord. 92-065
§ 2, 1992)
18.04.610 Definition -Junk yard.
"Junk yard" means 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
including reconditioned secondhand furniture
Chapter 18.04 17 (11/95)
or fixtures sold from within a walled building.
18.04.615 Definition -Kennel.
"Kennel" means 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)
18.04.620 Definition -Key facilities.
"Key facilities" means basic services usually
furnished by local government but which also
may be provided by private enterprise,
essential to the support of more intensive
development. Includes public schools,
transportation, water supply, fire protection,
sewage and solid waste disposal.
18.04.625 Definition -Land development.
"Land development" means 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 developer or group of
developers acting in concert. If the land is
contiguous or is known, designated 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. (Ord. 93-043 § 1, 1993)
18.04.630 Definition -Land disposal site.
"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)
18.04.635 Definition -Landing strip.
"Landing strip" means an area used for the
landing and taking off of aircraft for the
personal use of the property owner or his
01"
`� `�'1 fit►1
guests, or aircraft employed in agricultural
operations.
18.04.640 Definition -Landing strip,
personal use.
For "Landing strip, personal use" see
"Personal use landing strip" for airplanes and
helicopter pad. (Ord. 91-020 § 1, 1991)
18.04.645 Definition -Landscaping.
"Landscaping" means 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.
18.04.650 Definition -Legislative.
"Legislative" means a planning or zoning
action resulting in a general rule or policy
which is applicable to an open class of
individuals or situations. (Ord. 93-043 § 1,
1993)
18.04.655 Definition -Livestock.
"Livestock" means domestic animals of types
customarily 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.
93-038 § 1, 1993)
18.04.660 Definition -Livestock feed lot.
"Livestock feed lot" means an enclosure
designed or used for the purpose of the
concentrated feeding or fattening of livestock
for commercial. (Ord. 93-043 § 1, 1993)
18.04.665 Definition -Livestock sales yard.
"Livestock sales yard" means an enclosure or
structure designed or used for holding
livestock for purposes of sale or transfer by
auction, consignment or other means. (Ord.
93-043 § 1, 1993)
18.04.670 Definition -Loading space.
"Loading space" means an off-street space
within a building or on the same lot with a
Chapter 18.04 18 (11/95)
building, having direct access to a street or
alley, for the temporary parking of a
commercial vehicle or truck while loading or
unloading merchandise or materials.
18.04.675 Definition -Lodge.
"Lodge" means 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)
18.04.680 Definition -Lot.
"Lot" means a unit of land created by a
subdivision of land.
A. "Lot Area" means 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.
B. "Lot, Corner" means a lot adjoining two
or more streets, other than alleys, at their
intersection provided the angle of intersection
of the adjoining streets does not exceed 135
degrees.
C. "Lot Depth" means the average
horizontal distance between the front and rear
lot lines.
D. "Lot Line" means the property lines
bounding a lot.
E. "Lot Line, Front" means the lot line
separating 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
1,7
be that lot line parallel to and facing the same
direction as the front lot lines of the majority
of other properties in the immediate area.
F. "Lot Line, Rear" means 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" means any lot line
other than a front or rear lot line bounding a
lot.
H. "Lot, Through or Double Frontage"
means a lot having frontage on two parallel or
approximately parallel streets other than
alleys.
I. "Lot Width" means the average
horizontal distance between the side lot lines,
ordinarily measured parallel to the front lot
line.
J. "Lot of Record" means:
1. A lot or parcel at least 5,000 square feet
in area and at least 50 feet wide, which
conformed to all zoning and subdivision or
partition requirements, if any, in effect on the
date the lot or parcel was created, and which
was created by any of the following means:
a. By partitioning land as defined in
Oregon Revised Statutes chapter 92;
b. By a subdivision plat, as defined in
Oregon Revised Statutes chapter 92, filed with
the Deschutes County Surveyor and recorded
with the Deschutes County Clerk;
c. By deed or contract, dated and signed
by the parties to the transaction, containing a
separate legal description of the lot or parcel,
and recorded in Deschutes County if
recording of the instrument was required on
the date of the conveyance. If such
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;
d. By a town plat filed with the Deschutes
County Clerk and recorded in the Deschutes
County Record of Plats; or
e. By the subdividing or partitioning of
Chapter 18.04 19 (11/95)
adjacent or surrounding land, leaving a
remainder lot or parcel.
2. The following shall not be deemed to be
a lot of record:
a. A lot or parcel created solely by a tax
lot segregation because of an assessor's roll
change or for the convenience of the assessor.
b. A lot or parcel created by an
intervening section or township line or right of
way.
c. A lot or parcel created by an
unrecorded subdivision, unless the lot or
parcel was conveyed subject to paragraph
(a)(3) of this section.
d. 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.
18.04.685 Deflnition-Lowest floor.
"Lowest floor" means the lowest floor of the
lowest enclosed area of a structure, including
the basement. An unfinished or flood
resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an
area other than a basement area, is not
considered a building's lowest floor, provided
that such enclosure is not built so as to render
the structure in violation of the applicable
nonelevation design requirements of section
18.96.060.
18.04.690 Definition -Major partition.
"Major partition" means a partition which
includes the creation of a road or street.
18.04.695 Definition -Manufactured
home.
"Manufactured home" means a structure
constructed for movement on the public
highways that has sleeping, cooking and
plumbing facilities, that is intended for human
occupancy, 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 Oregon
Revised Statutes 455.100 to 455.450 or any
Chapter 18.04
unit identified as a recreational vehicle by the
manufacturer.
18.04.700 Definition -Manufactured home
park.
"Manufactured home park" means 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.
18.04.705 Definition -Manufactured home
subdivision.
"Manufactured home subdivision" means a
subdivision intended to be occupied primarily
or exclusively by manufactured homes.
18.04.710 Definition -Marina.
"Marina" means 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 transport. (Ord. 93-043 § 1, 1993)
18.04.715 Definition -Mean sea level.
"Mean sea level" means 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)
18.04.720 Definition -Mineral.
"Mineral" includes, but is not limited to soil,
select fill, coal, clay, stone, sand, gravel,
aggregate, pumice, cinders, metallic ore and
any other inorganic solid excavated from a
natural deposit in the earth for commercial,
industrial or constructional use. (Ord. 93-043
§ 1, 1993)
20 (11/95)
18.04.725 Definition -Mini -storage.
"Mini -storage" means commercial
development of multiple storage units for
rental to the public.
18.04.730 Definition -Minor partition.
"Minor partition" means a partition that
does not include the creation of a road or
street.
18.04.735 Definition -Mitigation.
"Mitigation" means 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 additional 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 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. 93-043 § 1,
1993)
(Definition -Mobile home deleted by Ord. 91-
005 § 2, 1991)
(Definition -Mobile home park deleted by Ord.
91-005 § 2, 1991)
(Definition -Mobile home subdivision deleted
by Ord. 91-005 § 2, 1991)
18.04.740 Definition -Modular homes.
For "modular homes" see "factory built
dwelling."
18.04.745 Definition -Municipal water
supply system.
"Municipal water supply system" means a
domestic 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
0148-1160
support the system and which supplies water
to a total of 1,000 or more households.
18.04.750 Definition -Natural area.
"Natural area" means as indicated in the
Comprehensive 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
paleontological features or for the enjoyment
of its natural features.
18.04.755 Definition -Natural hazard
area.
"Natural hazard area" means 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,
earthquakes, weak foundation soils and other
hazards unique to a local or regional area.
18.04.760 Definition -Natural resources.
"Natural resources" means air, land, water
and the elements thereof valued for their
existing and potential usefulness to man.
18.04.765 Definition -Necessary for.
"Necessary for" as used in sections 18.36.050
and 18.40.050, 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.
18.04.770 Definition -New construction.
"New construction" means any structure for
which the start of construction commenced on
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)
Chapter 18.04 21 (11/95)
18.04.775 Definition -Noise -sensitive
use.
"Noise -sensitive use" means real property
normally used for sleeping or normally used as
schools, churches, hospitals or public libraries.
Property used in industrial or agricultural
activities is not "noise -sensitive" unless it meets
the above criteria in more than an incidental
manner. Accessory uses such as garages or
workshops do not constitute noise -sensitive
uses.
18.04.780 Definition -Nonconforming lot
or parcel.
"Nonconforming lot or parcel" means a lot
or parcel which is smaller in area than the
minimum lot or parcel size in the zone.
18.04.785 Definition -Nonconforming
structure or use.
"Nonconforming structure or use" means 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.
18.04.790 Definition -North lot line.
"North lot line" means 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.
18.04.795 Definition -Nursery, day.
"Nursery, day" means 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
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 Oregon
Revised Statutes 443.400 to 443.445 and
443.991(2).
18.04.800 Definition -Nursing home.
"Nursing home" means 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.
18.04.805 Definition -Open space.
"Open space" means 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 neighboring 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 nonfarm
uses. (Ord. 93-043 § 1, 1993)
18.04.810 Definition -Ordinary high water
mark (OHM).
"Ordinary High Water Mark (OHM)" means
the highest level on the bank or shore of a
lake, river or stream to which the water
ordinarily rises annually in season. (Ord. 93-
043 § 1, 1993)
Chapter 18.04 22 (11/95)
18.04.815 Definition-Ordinarylowwater
mark (OLM).
"Ordinary Low Water Mark (OLM)" means
the lowest level on the bank or shore of a
lake, river or stream to which the water
ordinarily recedes annually in season. (Ord.
93-043 § 1, 1993)
18.04.820 Definition -Overburden.
"Overburden" means earth or rock that lies
above a natural deposit of a mineral.
18.04.825 Definition -Overnight lodgings.
"Overnight lodgings" with respect to
destination resorts, means permanent,
separately rentable accommodations that are
not available for residential use. Overnight
lodgings 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
general 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
definition. (Ord. 92-004 § 2, 1992)
18.04.830 Definition -Owner.
"Owner" means 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.
18.04.835 Definition -Parcel.
'Parcel' means a unit of land created by a
partitioning of land.
18.04.840 Definition -Parking space.
"Parking space" means a clear, off-street
area for temporary parking or storage of one
automobile, 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.
18.04.845 Definition -Partition.
"Partition" means an act of partitioning land
or an area or tract of land partitioned as
defined under "partition land."
18.04.850 Definition -Partition land.
'Partition land" means to divide land into
two or three parcels within a calendar 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 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. (Ord. 95-007 § 5,
1995)
18.04.855 Definition -Partition plat.
"Partition plat" means 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, provisions and information
concerning a major or minor partition.
18.04.860 Definition -Pedestrian facilities.
"Pedestrian facilities" means 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)
Chapter 18.04 23 (11/95)
18.04.865 Definition -Penstock.
"Penstock" means any conduit or other
structure which is or may be used to convey
water to the driving mechanism of a
generator. (Ord. 93-043 § 1, 1993)
18.04.870 Definition -Person.
"Person" means a natural person, firm,
partnership, association, social or fraternal
organization, corporation, trust, estate,
receiver, syndicate, branch of government or
any group or combination acting as a unit.
(Ord. 93-043 § 1, 1993)
18.04.875 Definition -Personal use
landing strips for airplanes
and helicopter pad.
"Personal use landing strips for airplanes
and helicopter pad" 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 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.
18.04.880 Definition -Petroleum
distribution facility.
"Petroleum distribution facility" means 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.
18.04.885 Definition -Planned community.
"Planned community" means a self-contained
complex of residential, commercial and
industrial uses in the form of a planned
development in conjunction with a master
Chapter 18.04
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
community.
18.04.890 Definition -Planned
development.
"Planned development" means 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 regulations otherwise required by this
title, and usually featuring a clustering of
residential units.
18.04.895 Definition -Planned unit
development.
For "planned unit development" see
"planned development."
18.04.900 Definition -Plant nursery.
"Plant nursery" means a place where young
trees or other plants are raised for
experimental purposes or for transplanting for
sale.
18.04.905 Definition -Plat.
"Plat" means a final map or diagram
concerning a subdivision or partition.
Includes a subdivision plat, replat or partition
plat.
18.04.910 Definition -Pole height.
"Pole height" means 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.
18.04.911 Definition -Pot-bellied pig.
"Pot-bellied pig" means a swine commonly
referred to as Miniature Vietnamese, Chinese
or Oriental pot-bellied pig. Such animals shall
24 (11/95)
not exceed a maximum height of eighteen (18)
inches at the shoulder. (Ord. 94-001 § 3, 1994)
18.04.915 Definition -Potential
structure.
"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.
18.04.920 Definition -Preexisting
nonconforming lot or parcel.
"Preexisting nonconforming lot or parcel"
means a nonconforming lot or parcel which is
a lot of record.
18.04.925 Definition -Prefabricated house.
For "prefabricated house" see "factory built
dwelling."
18.04.930 Definition -Primary or principal
use.
"Primary or principal use" means 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.
18.04.935 Definition -Productive solar
collector.
"Productive solar collector" means a solar
collector 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.
18.04.940 Definition -Prospect well.
"Prospect well" means any well drilled as a
geophysical test well, seismic shot hole,
mineral exploration drilling, core drilling or
temperature gradient test well less than 2,000
feet in depth. Prospect well does not include
a geothermal well as defined in this section.
0148-x.164
18.04.945 Definition -Protect.
"Protect" means save or shield from loss,
destruction, injury or for future intended use.
18.04.950 Definition -Protected area.
"Protected area" means the specific area
which is provided solar access for specific
hours and dates under this title.
18.04.955 Definition -Provide.
"Provide" means prepare, plan for and
supply what is needed. (Ord. 93-043 § 1, 1993)
18.04.956 Definition -Public park.
"Public park" means an area of natural or
ornamental quality for outdoor recreation that
provides the resource base for the following
activities: Picnicking, boating, fishing,
swimming, camping and hiking or nature -
oriented recreation such as viewing and
studying nature and wildlife habitat, and may
include play areas and accessory facilities that
support the activities listed above. (Ord. 94-
041 § 3, 1994)
18.04.960 Definition -Public use.
"Public use" means 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 utility water system deleted by Ord.
93-043 § 1A, 1993)
18.04.970 Definition -Public water system.
"Public water system" means 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.
18.04.975 Definition -Quasi-judicial.
"Quasi-judicial" means a land use action
entailing application of a general rule or
policy to specific individuals or situations.
Chapter 18.04 25 (11/95)
18.04.980 Definition -Ramada.
"Ramada" means 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)
18.04.985 Definition -Ranch hand
residence.
"Ranch hand residence" means a building,
structure or manufactured home used for
residential purpose for an agricultural
employee and his family.
18.04.990 Definition -Reclamation.
"Reclamation" means the employment in a
surface mining operation of procedures
designed to minimize, as much as practical,
the disruption of the surface mining operation
and to provide for rehabilitation of any such
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)
18.04.995 Definition -Recreation camps or
resorts.
"Recreation camps or resorts" means an
area devoted to facilities and equipment for
recreational 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.
18.04.1000 Definition -Recreation parks.
"Recreation parks" means 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.
18.04.1005 Definition -Recreational vehicle.
"Recreational vehicle" means a mobile unit
which is designed for temporary human
occupancy and licensed as a motor home,
recreational trailer or camper by the Oregon
Motor Vehicles Division or similar units
licensed by another state.
18.04.1010 Definition -Recreational vehicle
park.
"Recreational vehicle park" means a park
intended, designed or utilized for temporary
occupancy primarily by recreational vehicles.
18.04.1015 Definition-Replat.
"Replat" 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. 95-
007 § 6, 1995; 91-038 § 3, 1991)
18.04.1020 Definition -Residential.
'Residential' means any dwelling unit or
group of units built or used for human
occupancy.
18.04.1025 Definition -Residential facility.
"Residential facility" means 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.
18.04.1030 Definition -Residential home.
"Residential home" means 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
Chapter 18.04 26 (11/95)
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.
18.04.1035 Definition -Resource recovery.
"Resource recovery" means the process of
obtaining useful material or energy resources
from solid waste and includes:
A. 'Energy recovery," which means
recovery in which all or a part of the solid
waste 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. 'Recycling," which means any process by
which solid waste materials are transformed
into new products in such a manner that the
original products may lose their identity.
D. 'Reuse," 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)
18.04.1040 Definition -Right of way.
"Right of way" means the area between the
boundary lines of a street, road or other
public easement.
18.04.1045 Definition-Rimrock.
"Rimrock" means 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.
18.04.1050 Definition -Road and street
projects.
"Road and street projects" means 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 project involving the acquisition of
more than minor amounts or rights of way,
substantial changes in access control, a large
amount of demolition, displacement o 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."
18.04.1055 Definition -Road or street.
"Road or street" means a public or private
way created to provide ingress or egress to
one or more lots, parcels, areas or tracts of
land.
A. "Alley" means a narrow street through a
block primarily for vehicular service access to
the back or side of properties adjoining
another street.
B. "Arterial' means a restricted access
street of substantial continuity which is
primarily a traffic artery for
Chapter 18.04 27 (11/95)
intercommunication among large areas, and so
designated by the county.
C. "Bicycle route" means a right of way for
bicycle traffic.
D. "Collector" means a street
supplementary to the arterial street system
used or intended to be used principally for the
movement of traffic between arterial and local
streets and roads within the county.
E. "Cul-de-sac" means a short street having
one end open to traffic and terminated by a
vehicle turnaround.
F. "Half street" means 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" means a minor
street parallel and adjacent to a major arterial
providing access to adjoining properties, but
protected from through traffic.
H. "Local street" means a street intended
primarily for access to adjoining properties.
I. "Stubbed streets" means 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
adjacent lands.
18.04.1060 Definition -Roadway.
"Roadway" means that portion of a street or
road right of way developed for vehicular
traffic.
18.04.1065 Definition -Scenic area.
"Scenic area" means land and other natural
features valued for their aesthetic qualities.
18.04.1070 Definition -School, private.
"School, private" means any licensed or
accredited private entity that offers instruction
or training for any academic, technical or
identified occupational objective.
18.04.1075 Definition -School, public.
"School, public" means a school operated by
a government agency.
18.04.1080 Definition -Self-contained
development.
"Self-contained development" with respect to
destination resorts, means community sewer,
water and recreational facilities provided 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, 1992)
18.04.1085 Definition -Semipublic use.
"Semipublic use" means a structure or use
intended or used for both private and public
purposes by a church, lodge, club or any other
nonprofit organization.
18.04.1090 Definition -Service
establishment.
"Service establishment" means 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.
18.04.1095 Definition -Setback.
"Setback" means an open space on a lot
which is unobstructed from the ground
upward except as otherwise provided in this
title.
18.04.1100 Definition -Setback, front.
"Setback, front" means 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.
18.04.1105 Definition -Setback, rear.
"Setback, rear" means a setback between
side lot lines, measured horizontally at right
Chapter 18.04 28 (11/95)
angles to the rear lot line from the rear lot
line to the nearest point of a building.
18.04.1110 Definition -Setback, side.
"Setback, side" means 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.
18.04.1115 Definition -Setback, street
side.
"Setback, street side" means 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.
18.04.1120 Definition -Shade.
"Shade" means 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.
18.04.1125 Definition -Shopping complex.
"Shopping complex" means a group of
commercial establishments planned,
constructed and managed as a total entity with
customer and employee parking on site and
aesthetic considerations which integrate it with
the surrounding area.
18.04.1130 Definition -Sign.
"Sign" means an identification, description,
illustration or device which is affixed to or
represented, directly or indirectly upon a
building, structure or land, and which directs
attention to a product, place, activity, person,
institution or business. (Ord. 93-043 § 1, 1993)
18.04.1135 Definition -Sign, advertising.
"Sign, advertising" means 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.
18.04.1140 Definition -Solar access.
"Solar access" means protection from shade
0118-1
for a specific area during specific hours and
dates, but not including protection from shade
cast by exempt vegetation.
18.04.1145 Definition -Solar access permit.
"Solar access permit" means the instrument
issued by the county which limits the size of
nonexempt vegetation on certain lots in the
vicinity of a recorded solar collector.
18.04.1150 Definition -Solar collector.
"Solar collector" means any object that uses
solar radiation for a useful purpose, including,
but not limited to, windows, walls, roofs and
collectors.
18.04.1155 Definition -Solar heating hours.
"Solar heating hours" means the hours and
dates during which solar access is provided.
18.04.1160 Definition -Solar height
restriction.
"Solar height restriction" means the
allowable height of buildings, structures and
nonexempt vegetation on a property burdened
by the solar access of another property.
18.04.1165 Definition -Solid waste.
"Solid waste" for the purposes of Title 18,
Deschutes County Code, means 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
other wastes; but the term does not include:
A. Hazardous wastes as defined in Oregon
Revised Statutes 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 growing or
harvesting of crops and the raising of animals.
(Ord. 92-066 § 1, 1992)
(Definition -Stables, Private deleted by Ord.
94-008 § 8, 1994)
Chapter 18.04 29 (11/95)
(Definition -Stables, Public deleted by Ord. 94-
008 § 8, 1994)
18.04.1170 Definition -Stabling or
training equines.
"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)
18.04.1180 Definition -Start of
construction.
"Start of construction" means 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
installation 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 structure, or any part thereof,
on its piling or foundations. For
manufactured homes not within a
manufactured home park or manufactured
home subdivision, start of construction means
the affixing of the mobile home to its
permanent site. For manufactured homes
within manufactured home parks or
manufactured home subdivisions, start of
construction is the date on which construction
of facilities for servicing the site on which the
manufactured home is to be affixed (including,
at a minimum, the construction of streets,
either final site grading or pouring of concrete
pads, and installation of utilities) is begun.
18.04.1185 Definition -Story.
"Story" means 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.
18.04.1190 Definition -Story, half.
"Story, half' means 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.
18.04.1195 Definition -Stream, perennial.
"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.
18.04.1200 Definition -Street.
"Street" means 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.
18.04.1205 Definition -Structural
alteration.
"Structural alteration" means any change to
the supporting members of a structure
including foundations, bearing walls or
Chapter 18.04 30 (11/95)
partitions, columns, beams, girders, any
structural change in the roof or in the exterior
walls, or any alteration requiring a building
permit.
18.04.1210 Definition -Structure.
"Structure" means something constructed or
built having a fixed base on, or fixed
connection to, the ground or another
structure.
18.04.1215 Definition -Subdivide lands.
"Subdivide lands" means to divide land into
four or more lots within a calendar year. (Ord.
95-007 § 7, 1995)
18.04.1216 Definition -Subdivision.
"Subdivision" means either an act of
subdividing land or an area or a tract of land
subdivided. (Ord. 95-007 § 8, 1995)
18.04.1220 Definition -Subdivision plat.
"Subdivision plat" means the final map and
other writing containing all the descriptions,
locations, specifications, dedications,
provisions and information concerning a
subdivision.
18.04.1225 Definition -Substantial
improvement.
"Substantial improvement" means 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,
"substantial improvement" is considered to
occur when the first alteration of any wall,
ceiling, floor or other structural part of the
building commences, whether or not that
alteration affects the external dimensions of
the structure. The term does not, however,
include either:
C. Any project for improvement of a
structure to comply with existing state or local
0148-11'70
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.
18.04.1230 Definition -Substantially
shaded.
"Substantially shaded" means 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 potential structure.
18.04.1235 Definition -Sun chart.
"Sun chart" means 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 sun
chart shall contain, at a minimum:
A. Solar altitude in 10 -degree increments;
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.
18.04.1240 Definition -Surface mining.
"Surface mining" means
A. Includes:
1. 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;
Chapter 18.04 31 (11/95)
2. 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:
1. the construction of adjacent or off-site
borrow pits which are used for access roads to
the surface mine.
2. 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
construction, reconstruction or maintenance of
access roads and excavation or grading
operations conducted in the process of
farming or cemetery operations, on-site road
construction and other on-site construction, or
nonsurface impacts of underground mines;
3. Batching and blending of mineral and
aggregate into asphaltic concrete or portland
cement concrete.
18.04.1245 Definition -Surface mining,
minerals.
"Surface mining, minerals" means includes,
but is not limited to, soil, select fill, coal, clay,
stone, sand, gravel, aggregate, pumice, cinders,
metallic ore and any other inorganic solid
excavated from a natural deposit in the earth
for commercial, industrial or construction use.
(Ord. 93-043 § 1, 1993)
18.04.1250 Definition -Surface mining,
operator.
"Surface mining, operator" means any
person or entity engaged in surface mining.
18.04.1255 Definition -Surface mining,
processing.
"Surface mining, processing" means
processing includes crushing, washing, milling
and screening as well as batching and blending
of mineral aggregate into asphaltic concrete
and portland cement concrete. (NOTE:
Processing 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
0148-1141
combining zone in conformance with all plan
amendment and zone change requirements of
the county comprehensive plan and zoning
ordinance.)
18.04.1260 Definition -Time share unit.
"Time share unit" means
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
consideration, receives a right to use the
dwelling unit, lot or parcel for a period of
time less than a full year during any given
year, but not necessarily for consecutive years,
which extends for a period of more than three
years; or
B. A dwelling 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.
18.04.1261 Definition -Tract.
"Tract" as used in Chapters 18.16, 18.36 and
18.40, means one or more contiguous lots or
parcels in the same ownership. A tract shall
not be considered to consist of less than the
required acreage because it is crossed by a
public road or waterway. (Ord. 94-038 § 3,
1994)
18.04.1265 Definition -Trailer.
"Trailer" means any portable unit designed
and built to be towed on its own chassis,
comprised of frame and wheels and which
does not fall within the definitions of vacation
trailer, manufactured home or prefabricated
house. Includes boat trailers, bunk trailers,
portable schoolrooms and industrial,
Chapter 18.04 32 (11/95)
commercial or public offices and accessory
uses. (Ord. 93-043 § 1, 1993)
18.04.1270 Definition -Trailer park.
"Trailer park" means an area of land upon
which two or more travel trailers occupied for
dwelling or sleeping purposes are located, the
primary purpose of which is to rent space or
keep space for rent.
18.04.1275 Definition -Trailer, travel.
"Trailer, travel" means see "vacation trailer."
18.04.1280 Definition -Trailer, vacation.
"Trailer, vacation" means 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 temporary recreational or vacation
residence.
18.04.1285 Definition -Transmission
facility.
"Transmission facility" means the
conductors, lines, poles, towers, structures,
corridors and construction staging and
assembly areas necessary for or associated
with the transmission of electricity from a
hydroelectric facility for distribution. (Ord. 86-
018 § 1, 1986)
18.04.1290 Definition -Transit route.
"Transit route" means an existing or planned
route for public service in the local or regional
transportation plan. (Ord. 93-005 § 1, 1993)
18.04.1295 Definition -Transit facility.
"Transit facility" means improvements
selected points along transit routes
passenger pick-up, drop-off and wait
Facilities and improvements may incl
shelters, benches, signs and structures
other improvements to provide secu
protection from the weather and access
nearby services. (Ord. 93-005 § 1, 1993)
at
for
ing,
ude
and
city,
to
0148-11 ' 2
18.04.1300 Definition -Traveler's
accommodations.
"Traveler's accommodations" means any
establishment 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.
18.04.1305 Definition-Unbuildable area.
"Unbuildable area" means 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.
18.04.1310 Definition -Use.
"Use" means the purpose for which land or
a structure is designed, arranged or intended,
or for which it is occupied or maintained.
18.04.1315 Definition -Utility facility.
"Utility facility" means 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,
transmission, 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.
18.04.1320 Definition -Variance.
"Variance" means an authorization for the
construction or maintenance of a building or
structure, or for the establishment or
maintenance of a use of land, which is
prohibited by a zoning ordinance.
A. "Area variance" means 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.
Chapter 18.04 33 (11/95)
B. "Use variance" means a variance which
permits a use of land other than that
prescribed by the zoning or other applicable
ordinances.
18.04.1321 Definition -Veterinary clinic.
"Veterinary clinic" means a place where
animals or pets are given medical attention
and cared for during the time of such
treatment. (Ord. 94-053 § 1, 1994)
(Definition -Vision Clearance Area deleted by
Ord. 91-038 § 4, 1991)
18.04.1325 Definition -Visitor -oriented
accommodations.
"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, 1992)
18.04.1330 Definition -Walkway.
"Walkway" means 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. 93-043 § 1, 1993)
18.04.1335 Definition -Wetland.
"Wetland" means an area that is inundated
or saturated by surface or ground water at a
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. 93-043 § 1, 1993)
18.04.1340 Definition -Winter solar heating
hours.
"Winter solar heating hours" means the time
period extending two hours before and after
the solar zenith on December 21.
18.04.1345 Definition -Yard.
"Yard" means an open space on a lot which
is unobstructed from the ground upward
except as otherwise provided in this title.
0148-11,13
18.04.1350 Definition -Yard, front.
"Yard, front" means 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.
18.04.1355 Definition -Yard, rear.
"Yard, rear" means a yard between side lot
lines measured horizontally at right angles
from the rear lot line to the nearest point of
a building. (Ord. 93-043 § 1, 1993)
18.04.1360 Definition -Yard, side.
"Yard, side" means 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.
18.04.1365 Definition -Yard, street side.
"Yard, street side" means 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.
18.04.1370 Definition -Zero lot line.
"Zero lot line" means 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. 94-053 § 1,
1994; Ord. 94-041 §§ 2 and 3, 1994; Ord. 94-
038 § 3, 1994; Ord. 94-008 §§ 1, 2, 3, 4, 5, 6,
7 and 8, 1994; Ord. 94-001 §§ 1, 2, and 3,
1994; Ord. 93-043 §§ 1, 1A and 113, 1993;
Ord. 93-038 § 1,1993; Ord. 93-005 §§ 1 and 2,
1993; Ord. 93-002 §§ 1, 2 and 3, 1993; Ord.
92-066 § 1, 1992; Ord. 92-065 §§ 1 and 2,
1992; Ord. 92-034 § 1, 1992; Ord. 92-025 § 1,
1992; Ord. 92-004 §§ 1 and 2,1992; Ord. 91-
038 §§ 3 and 4, 1991; Ord. 91-020 § 1, 1991;
Ord. 91-025 § 1, 1992; Ord. 91-005 § 2, 1991;
Ord. 91-002 § 11,1991; Ord. 90-014 § 2, 1990;
Ord. 89-009 § 2, 1989; Ord. 89-004 § 1, 1989;
Ord. 88-030 §§ 1 and 3,1988; Ord. 88-009 § 1,
1988; Ord. 87-015 § 1, 1987; Ord. 86-056 § 2,
1986; Ord. 86-054 § 1, 1986; Ord. 86-053 § 1,
Chapter 18.04 34 (11/95)
Glli 1�S- IIf114
1986; Ord. 86-032 § 1, 1986; Ord. 86-018 § 1,
1986; Ord. 85-002 §§ 1, 2,5 and 6,1985; Ord.
85-016 § 1, 1985; Ord. 84-023 § 1, 1984; Ord.
84-015 § 1, 1984; Ord. 83-037 §§ 1 and 2,
1983; Ord. 82-013 § 1, 1982)
Chapter 18.04 35 (11/95)
Chapter 18.08
BASIC PROVISIONS
Sections:
18.08.010 Compliance.
18.08.020 Existing agreements and
zoning permits.
18.08.030 Terminologyand construction.
18.08.010 Compliance.
A. A lot may be used and a structure or
part of a structure may be constructed,
reconstructed, altered, occupied or used only
as this title permits. No new structure shall be
constructed on any lot of less area than the
minimum for the zone in which it is located,
excepted as provided by this title and Oregon
Revised Statutes 215.203 et. seq.
B. No dimensional requirement of this title
shall be violated after its terms become
effective unless specifically provided for
herein.
C. Except as specifically provided by this
title, no lot area, yard or other open space
which is required by this title for one use shall
be used as the required lot area, yard or open
space for another use. (Ord. 84-023 § 2,
1984)
18.08.020 Existing agreements and
zoning permits.
This title does not repeal, abrogate or
impair any existing easements, covenants, deed
restrictions or zoning permits such as
preliminary plat and partition approvals,
conditional use permits, nonconforming use
permits, temporary use permits, special
exceptions or building permits. (Ord. 93-043 §
2, 1993)
18.08.030 Terminology and
construction.
A. Terminology. The word "county" shall
mean the County of Deschutes, Oregon. The
word "board" shall mean the Board of County
Commissioners of the County of Deschutes.
y1 ir" �11,w "1p.r...
The words "planning commission" and
"commission" shall mean the County Planning
Commission of the County of Deschutes duly
appointed by the Board of County
Commissioners. The words "planning
director," "county engineer," "county clerk,"
"county sanitarian " "county surveyor,"
"Hearings Body," "tax collector" and "assessor"
shall mean the Planning Director, County
Engineer, County Clerk, County Sanitarian,
County Surveyor, Hearings Body, Tax
Collector and Assessor of the County of
Deschutes.
B. Construction. Words used in the
present tense include the future tense; words
used in the singular include the plural and
words used in the plural include the singular;
the word "shall" is mandatory; the word "may"
is permissive; the masculine shall include the
feminine and neuter. (Ord. 91-020 § 1, 1991)
Chapter 18.08 1 (11/95)
Chapter 18.12
ESTABLISHMENT OF ZONES
Sections:
zones are hereby established:
18.12.010
Establishment of zones.
18.12.020
Location of zones.
18.12.030
Zoning map.
18.12.040
Zone boundaries.
18.12.010 Establishment of zones.
For the purpose of this title, the following
zones are hereby established:
RR -10
Zones
Abbreviations
Exclusive Farm Use Zones
EFU
Multiple Use Agriculture
MUA
Forest Use
F-1
Forest Use
F-2
Open Space/Conservation
OS&C
Surface Mining
SM
Surface Mining Impact
Area
SMIA
Rural Residential
RR -10
Rural Service Center
RSC
Rural Service
Residential
RSR -M
Rural Service
Residential -5
RSR -5
Airport Development
A -D
Airport Height
Combining
A -H
Landscape Management
Combining
LM
Wildlife Area Combining
WA
Conventional Housing
Combining
CH
Flood Plain
FP
Rural Industrial
R -I
Research and
Development
R&D
Planned Community
Zone
PC
Limited Use Combining
Zone
LU
Destination Resort
DR
(Ord. 92-025 § 5, 1992)
0148-111"o
18.12.020 Location of zones.
The boundaries for the zones listed in this
title are indicated on the Deschutes County
Zoning Map which is hereby adopted by
reference. The boundaries shall be modified
subject to zoning map amendments which
shall be adopted by reference.
18.12.030 Zoning map.
A zoning map amendment adopted by
section 18.12.020, above, or by an amendment
thereto shall be prepared by authority of the
Planning Director or Hearings Body or Board
of County Commissioners. The map or map
amendment shall be dated with the effective
date of the order or ordinance that adopts the
map or map amendment. A certified print of
the adopted map shall be maintained in the
office of the County Clerk as long as the map
adoption order or ordinance remains in effect.
A copy of all map amendments, which shall
contain a legal description of the area to be
amended as well as a map reflecting the
previous zoning and a map of the amendment,
shall be maintained in the office of the County
Clerk. (Ord. 91-020 § 1, 1991)
18.12.040 Zone boundaries.
Unless otherwise specified, zone boundaries
are section lines, subdivision lines, lot lines,
center lines of street or railroad rights of way,
water courses, ridges or rimrocks, other
readily recognizable or identifiable natural
features, or the extension of such lines.
Whenever uncertainty exists as to the
boundary of a zone as shown on the zoning
map or amendment thereto, the following
rules shall apply:
A. Where a boundary line is indicated as
following a street, alley, canal or railroad right
of way, it shall be construed as following the
centerline of such right of way.
B. Where a boundary line follows or
approximately coincides with a section lines or
division thereof, lot or property ownership
line, it shall be construed as following such
line.
C. If a zone boundary as shown on the
Chapter 18.12 1 (11/95)
0148r117 7
zoning map divides a lot or parcel between
two zones, the entire lot or parcel shall be
deemed to be in the zone in which the greater
area of the lot or parcel lies, provided that
this adjustment involves a distance not
exceeding 100 feet from the mapped zone
boundary. This provision does not apply to
areas zoned flood plain. (Ord. 91-020 § 1,
1991; Ord. 91-005 § 3, 1991; Ord. 80-206 § 2,
1980)
Chapter 18.12 2 (11/95)
Chapter 18.16
EXCLUSIVE FARM USE ZONES
Sections:
uses.
18.16.010
Purpose.
18.16.020
Uses permitted outright.
18.16.030
Conditional uses permitted -
18.16.060
High value and nonhigh value
18.16.065
farmland.
18.16.031
Nonresidential conditional
18.16.070
uses on nonhigh value
18.16.080
farmland only.
18.16.033
Nonresidential conditional
uses on high value farmland
only.
18.16.035 Destination resorts.
18.16.040 Limitations on conditional
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 Oregon
Revised Statutes 30.930 through 30.947. (Ord.
95-007 § 9, 1995; Ord. 92-065 § 3, 1992; Ord.
91-038 § 1 and 2, 1991)
18.16.020 Uses permitted outright.
The following uses and their accessory uses
are permitted outright:
A. Farm use as defined in this title.
01 * 11'78
B. Propagation or harvesting of a forest
product.
C. Exploration for minerals as defined by
Oregon Revised Statutes 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.
F. Reconstruction or modification ofpublic
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 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. Creation, 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 Register of
Historic Places and on the county inventory as
a historic property as defined in Oregon
Revised Statutes 358.480. (Ord. 95-007 § 10,
Chapter 18.16 1 (11/95)
uses.
18.16.050
Standards for dwellings in
the EFU zones.
18.16.055
Land divisions.
18.16.060
Dimensional standards.
18.16.065
Subzones.
18.16.067
Farm management plans.
18.16.070
Yards.
18.16.080
Stream setbacks.
18.16.090
Rimrock setback.
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 Oregon
Revised Statutes 30.930 through 30.947. (Ord.
95-007 § 9, 1995; Ord. 92-065 § 3, 1992; Ord.
91-038 § 1 and 2, 1991)
18.16.020 Uses permitted outright.
The following uses and their accessory uses
are permitted outright:
A. Farm use as defined in this title.
01 * 11'78
B. Propagation or harvesting of a forest
product.
C. Exploration for minerals as defined by
Oregon Revised Statutes 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.
F. Reconstruction or modification ofpublic
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 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. Creation, 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 Register of
Historic Places and on the county inventory as
a historic property as defined in Oregon
Revised Statutes 358.480. (Ord. 95-007 § 10,
Chapter 18.16 1 (11/95)
1995; Ord. 92-065 § 3, 1992; Ord. 91-038 § 1
and 2, 1991; Ord. 91-024 § 1, 1991; Ord. 91-
020 § 1, 1991; Ord. 91-005 § 4, 1991; Ord. 91-
002 § 3,1991; Ord. 86-007 § 1,1986; Ord. 81-
025 § 1, 1981; Ord. 81-001 § 1, 1981)
18.16.030 Conditional uses permitted -
High value and nonhigh value
farmland.
The following uses may be allowed in the
Exclusive Farm Use zones on either high
value farmland or nonhigh 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. A relative farm -help dwelling.
C. Nonfarm dwelling and accessory uses
thereto.
D. Lot of record dwelling.
E. Residential home, as defined in section
18.04.030 of this title, in existing dwellings.
F. A hardship dwelling.
G. Commercial activity that is in
conjunction with farm use.
H. Operations conducted for (1)
exploration, mining and processing of
geothermal resources as defined by Oregon
Revised Statutes 522.005; (2) exploration and
extraction of natural gas or oil; 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.
I. Homestead retention when the entire
parcel has been under single ownership for at
least the preceding 10 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.
0148-11'79
The leasehold interest shall extend throughout
the lifetimes of the seller and his or her
spouse.
J. Expansion of an existing private park,
playground, hunting and fishing preserve and
campground.
K. Expansion of an existing park,
playground or community center owned and
operated by a governmental agency or a
nonprofit community organization.
L. Utility facility necessary for public
service except commercial utility facility 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. 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.
P. Home occupation 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.
Q. A facility for the primary processing of
forest products. 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. Storage, crushing and processing of
Chapter 18.16 2 (11/95)
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. Expansion of an existing church 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. Expansion of an existing public 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 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 ofpublic
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.
BB. Excavation, grading and fill and
removal within the bed and banks of a stream
or river or in a wetland.
CC. Rural fire station.
DD. Roads, highways and other
transportation facilities, and improvements not
0148 -1180 -
otherwise allowed under this chapter, if an
exception to Goal 3, Agricultural Lands, and
to any other applicable goal is first granted
under state law. (Ord. 95-025 § 1, 1995; Ord.
95-007 § 11,1995; Ord. 94-008 § 9, 1994; Ord.
92-065 § 3, 1992; Ord. 91-038 § 2, 1991; Ord.
91-014 § 1, 1991; Ord. 91-020 § 1, 1991; Ord.
90-018 § 1, 1990; Ord. 90-014 H 23 and 31,
1991; Ord. 91-005 § 5, 1991; Ord. 87-013 § 1,
1987; Ord. 86-018 § 3, 1986; Ord. 83-028 § 1,
1983)
18.16.031 Nonresidential conditional
uses on nonhigh value
farmland only.
The following uses may be allowed only on
tracts in the Exclusive Farm Use Zones that
constitute nonhigh 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 Oregon Revised Statutes
459.245 by the Department 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. (Ord. 95-007 § 12,
1995)
18.16.033 Nonresidential 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
Chapter 18.16 3 (11/95)
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. (Ord. 95-007 § 13, 1995)
18.16.035 Destination resorts.
Destination resorts may be allowed where
mapped as a conditional use, subject to all
applicable standards of the DR Zone. (Ord.
92-065 § 3, 1992; Ord. 92-004 § 3, 1992)
18.16.040 Limitations on conditional
uses.
A. Conditional uses permitted by
18.16.030(G) through (CC) 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:
1. Will not force a significant change in
accepted farm or forest practices as defined in
Oregon Revised Statutes 215.203(2)(c) on
adjacent lands devoted to farm or forest uses;
and
2. Will not significantly increase the cost of
accepted farm or forest practices on
surrounding lands devoted to farm or forest
use; and
3. 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
Chapter 18.16
Oi4S!-1181
agricultural zone in order for the service to be
provided.
D. A power generation facility that is part
of a commercial utility facility for the 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
Oregon Administrative Rules 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 Oregon Administrative Rules 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(0) 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.
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
4 (11/95)
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. An applicant for a nonfarm 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. 95-
075 § 1, 1995; Ord. 95-007 § 14, 1995; Ord.
92-065 § 3, 1992; Ord. 91-038 § 1 and 2, 1991;
Ord. 91-020 § 1, 1991; Ord. 91-011 § 1, 1991)
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 Dwellings on Nonhigh
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:
L The parcel on which the dwelling will be
located is at least:
a. One hundred sixty acres and not in
the Horse Ridge East subzone; or
b. Three hundred twenty acres in the
Horse Ridge East subzone;
ii. The subject tract is currently employed
for farm use, as evidenced by a farm
management plan;
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
V1�8-�1.� 82
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.
L 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
Oregon Administrative Rules 660-33-135(3)
using data on gross sales per acre tabulated by
LCDC pursuant to Oregon Administrative
Rules 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
Chapter 18.16 5 (11/95)
customarily provided 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:
0148-1183
a. The accessory farm dwelling will be
occupied by a person or persons who will be
principally engaged in the farm 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:
L 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
iii. 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 parry.
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
Chapter 18.16 6 (11/95)
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 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 Deschutes County
Code 18.16.030(B) 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 Nonhigh
Value Farmland
1. A lot of record dwelling will be
approved on nonhigh value farmland when all
of the following requirements are met:
a. The lot or parcel on which the dwelling
will be sited was lawfully created and was
acquired by the present owner:
L 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 nonhigh value farmland when all
of the following requirements are met:
a. The requirements set forth in section
Chapter 18.16 7 (11/95)
18.16.050(E)(1)(a) through (e), as determined
by the county; and
b. The requirements of Oregon
Administrative Rules 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 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 18.116.070, 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:
L 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
Oregon Revised Statutes 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
0148-1185
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 nonfarm
dwelling or the agriculture of the area.
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
Chapter 18.16 8 (11/95)
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 Oregon Revised Statutes
215.236, a nonfarm 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 has been disqualified for special
assessment at value for farm use under
Oregon Revised Statutes 308.370 or other
special assessment under Oregon Revised
Statutes 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 Oregon Revised Statutes
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
0148-1186
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. (Ord. 95-007 § 15, 1995;
Ord. 94-026 § 1, 1994; Ord. 92-065 § 3, 1992;
Ord. 91-038 §§ 2 and 3,1991; Ord. 91-020 § 1,
1991)
18.16.055 Land divisions.
A. General. A division 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.
B. Farm Divisions. A farm division shall
be subject to the minimum lot size
requirements of section 18.16.060(A) and all
applicable requirements of Title 17.
Notwithstanding 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
Chapter 18.16 9 (11/95)
criteria in section 18.16.050.
C. Nonfarm Dwelling Division.
1. A nonfarm dwelling land division 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. 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 Division other than Nonfarm
Dwelling. 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, includingthe
general partition standards set forth in chapter
17.22, the Subdivision and Partition
Ordinance. (Ord. 95-007 § 16, 1995; Ord. 94-
026 § 2, 1994; Ord. 92-065 § 3, 1992)
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 nonfarm land
divisions is 20 acres.
C. The minimum lot area for all nonfarm
uses permitted by section 18.16.030(G)
through (CC) shall be that determined by the
Planning Director or Hearings Body to carry
out the intent and purposes of Oregon
Revised Statutes 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. 95-007 § 17,
0148-1187
1995; Ord. 93-043 § 3, 1993; Ord. 93-004 § 1,
1993; Ord. 92-065 § 3, 1992; Ord. 92-055 § 1,
1992; Ord. 91-038 §§ 1 and 2, 1991; Ord. 91-
020 § 1, 1991)
18.16.065 Subzones.
A. Lower Bridge.
A proposed farm division must result in
parcels which demonstrate the following
characteristics or capabilities:
One hundred thirty acres of irrigated land
or 1991 assessed farm use value of 31,850.
B. Sisters/Cloverdale.
A proposed farm division must result in
parcels which demonstrate the following
characteristics or capabilities:
Sixty-three acres of irrigated land or 1991
assessed farm use value of $14,931.
C. Terrebonne.
A proposed farm division must result in
parcels which demonstrate the following
characteristics or capabilities:
Thirty-five acres of irrigated land or 1991
assessed farm use value of $8,365.
D. Tumalo/Redmond/Bend.
A proposed farm division must result in
parcels which demonstrate the following
characteristics or capabilities:
Twenty-three acres of irrigated land or 1991
assessed farm use value of $5,451.
E. Alfalfa.
A proposed farm division must result in
parcels which demonstrate the following
characteristics or capabilities:
Thirty-six irrigated acres or 1991 assessed
farm use value of $8,640.
F. La Pine.
A proposed farm division must result in
parcels which demonstrate the following
characteristics or capabilities:
Thirty-seven acres of irrigated land or 1991
assessed farm use value of $11,570.
G. Horse Ridge East. Minimum parcel
size for farm division or for farm -related
dwellings on existing parcels is 320 acres.
(Ord. 95-007 § 18, 1995; Ord. 92-065 § 3,
1992)
Chapter 18.16 10 (11/95)
18.16.067 Farm management plans.
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:
a. The farm management plan establishes
a level of farming that constitutes a farm use;
b. 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
c. 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
0148-1188
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 achieved the gross farm sales figure
required under section 18.16.050. (Ord. 95-
007 § 19, 1995; Ord. 93-004 § 2, 1993; Ord.
92-065 § 3, 1992)
18.16.070 Yards.
A. The front yard shall be 40 feet from a
property line fronting on a local street, 60 feet
from a property line fronting on a collector
and 100 feet from a property line fronting on
an arterial.
B. Each side yard shall be a minimum of
25 feet, except that for nonfarm dwelling
proposed on parcels or lots with side yards
adjacent to a property currently employed in
farm use, the side yard shall be a minimum of
100 feet.
C. Rear yards shall be a minimum of 25
feet, except that for nonfarm dwellings
proposed on parcels or lots with rear yards
adjacent to an EFU zone shall be a minimum
of 100 feet.
D. 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. 94-008 § 16, 1994; Ord. 93-004
§ 3, 1993; Ord. 92-065 § 3, 1992; Ord. 91-038
§§ 1 and 2, 1991; Ord. 89-016 § 1, 1989; Ord.
83-037 § 8, 1983)
18.16.080 Stream setbacks.
To permit better light, air, vision, stream
pollution control, protection of fish and
wildlife areas and preservation of natural
scenic amenities and vistas along streams and
lakes, the following 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,
Chapter 18.16 11 (11/95)
measured at right angles to the ordinary high
water mark. In those cases where practical
difficulties preclude the location of the
facilities at a distance of 100 feet and the
County Sanitarian finds that a closer location
will not endanger 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 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.
91-038 §§ 1 and 2, 1991; Ord. 91-020 § 1,
1991)
18.16.090 Rimrock setback.
Notwithstanding the provisions of section
18.16.070, setbacks from rimrock shall be as
provided in section 18.116.160. (Ord. 92-065
§ 3, 1992; Ord. 91-038 § 1 and 2, 1991; Ord.
86-053 § 5, 1986)
(Zoning Maps amended by Ord. 94-052, § 1,
1994; Ord. 93-014 § 1, 1993; Ord. 92-064 § 1,
1992)
0148-1189
Chapter 18.16 12 (11/95)
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.
1832.035
Destination resorts.
1832.040
Dimension standards.
1832.050
Yards.
1832.060
Stream setbacks.
1832.070
Rimrock setback.
In an MUA zone, the following regulations
shall apply:
18.32.010 Purpose.
The purposes of the Multiple Use
Agricultural 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
maintain 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 development 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:
A. Agricultural uses as defined in this title.
B. A single family dwelling, or a
manufactured home subject to section
18.116.070.
C. Propagation or harvesting of a forest
Chapter 18.32
0148-1100
product.
D. 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.
E. Class III road or street project.
F. Noncommercial horse stables, excluding
horse events.
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 nonconsecutive days; or
3. More than 25 riders, no more than two
times per year on nonconsecutive days.
Incidental 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; Ord. 93-043
§ 4, 1993; Ord. 93-001 § 1, 1993; Ord. 91-038
§ 1, 1991; Ord. 91-020 § 1, 1991; Ord. 91-005
§ 18, 1991; Ord. 91-002 § 6, 1991)
18.32.030 Conditional uses permitted.
The following uses may be allowed subject
to chapter 18.128 of this title:
A. Public use.
B. Semipublic use.
C. Commercial activities 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.
D. Dude Ranch.
E. Kennel and/or 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.
H. Exploration for minerals.
I. Private parks, playgrounds, hunting and
fishing preserves, campgrounds, motorcycle
tracks and other recreational uses.
J. Personal use landing strip for airplanes
and helicopter pads, including associated
(11/95)
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.
K. Golf courses.
L. Home occupations.
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 Oregon Revised Statutes
215.203(2). Such a facility may be approved
for a 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.
N. Destination resorts.
O. Planned developments.
P. Cluster developments.
Q. Landfills when a written tentative
approval by the Department of Environmental
Quality (DEQ) of the site is submitted with
the conditional use application.
R. Time-share unit or the creation thereof.
S. Hydroelectric facility, subject to sections
18.116.130 and 18.128.040(V).
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.
0148-1191
U. Bed and breakfast inn.
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).
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.
Z. Cemetery, mausoleum or crematorium.
AA. Commercial horse stables.
BB. Horse events, including associated
structures, not allowed as a permitted use in
this zone. (Ord. 94-053 § 2, 1994; Ord. 94-008
§ 11, 1994; Ord. 93-043 § 4B, 1993; Ord. 93-
043 § 4A, 1993; Ord. 92-055 § 2, 1992; Ord.
91-038 § 1, 1991; Ord. 91-020 § 1, 1991; Ord.
90-014 §§ 27 and 35, 1990; Ord. 91-005 §§ 19
and 20, 1991; Ord. 91-002 § 7, 1991; Ord. 86-
018 § 7,1986; Ord. 83-033 § 2, 1983; Ord. 80-
206 § 3, 1980)
18.32.035 Destination resorts.
Destination resorts may be allowed as a
conditional use, subject to all applicable
standards of the DR Zone. (Ord. 92-004 § 4,
1992)
18.32.040 Dimension standards.
In an MUA Zone, the following
dimensional standards shall apply:
A. The minimum lot size shall be 10 acres,
except planned and cluster developments shall
be allowed an equivalent density of one unit
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.
B. The minimum average lot width shall be
100 feet and the minimum street frontage 50
feet.
C. The minimum average lot depth shall be
150 feet.
Chapter 18.32 2 (11/95)
D. Building Height. No building or
structure shall be erected or enlarged to
exceed 30 feet in height, except as allowed by
section 18.120.040. (Ord. 92-055 § 3, 1992;
Ord. 91-020 § 1, 1991)
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
agricultural 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 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.
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.
D. The setback from the north lot line shall
meet the solar setback requirements in section
18.116.180.
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 the[is title]
Deschutes County Code shall be met. (Ord.
94-008 § 17,1994; Ord. 91-020 § 1,1991; Ord.
88-021 § 1, 1988; Ord. 83-037 § 9, 1983)
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
following setbacks shall apply:
0148-1192
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 practical
difficulties preclude the location of the
facilities at a distance of 100 feet and the
County Sanitarian finds that a closer location
will not endanger 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 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 3 (11/95)
Chapter 1836
FOREST USE - F-1 ZONE
Sections:
uses.
1836.010
Purpose.
1836.020
Uses permitted outright.
1836.030
Conditional uses permitted.
1836.040
Limitations on conditional
1836.010 Purpose.
The purpose of the Forest Use Zone is to
conserve forest lands. (Ord. 92-025 § 2,1992;
Ord. 91-020 § 1, 1991)
1836.020 Uses permitted outright.
The following uses and their accessory uses
are permitted outright, subject to applicable
siting criteria set forth in this chapter and any
other applicable provisions of this title.
A. Forest operations or forest practices
including, but not limited to, reforestation of
forest land, road construction and
maintenance, harvesting of a forest tree
species, application of chemicals and disposal
of slash.
B. Temporary on-site structures which are
auxiliary to and used during the term of a
particular forest operation. As used here,
temporary structures are those which are
portable and/or not placed on a permanent
Chapter 18.36
0148-1193
foundation, and which are removed at the
conclusion of the forest operation requiring its
use.
C. Physical alterations to commercial forest
land auxiliary to forest practices including, but
not limited to, those made for purposes of
exploration, mining, commercial gravel
extraction and processing, landfills, dams,
reservoirs, road construction or recreational
facilities. Gravel extraction and processing
not covered by this section is governed by
chapter 18.52 of this title.
D. Uses to conserve soil, air and water
quality and to provide for wildlife and
fisheries resources.
E. Farm use as defined in Oregon Revised
Statutes 215.203.
F. Local distribution lines (e.g., electric,
telephone, natural gas, etc.) and accessory
equipment (e.g., electric distribution
transformers, poles, meter cabinets, terminal
boxes, pedestals), or equipment which
provides service hookups, including water
service hookups.
G. Temporary portable facility for the
primary processing of forest products. The
facility shall not be placed on a permanent
foundation and shall be removed at the
conclusion of the forest operation requiring its
use.
H. Exploration for mineral and aggregate
resources as defined in Oregon Revised
Statutes chapter 517.
I. Towers and fire stations for forest fire
protection.
J. Widening of roads within existing rights
of way in conformance with the transportation
element of the comprehensive plan including
public road and highway projects as described
in Oregon Revised Statutes 215.283(1)(k)
through (n).
K. Water intake facilities, canals and
distribution lines for farm irrigation and
ponds.
L. Uninhabitable structures accessory to
fish and wildlife enhancement.
M. Alteration, restoration or replacement
of a lawfully established dwelling that:
(11/95)
uses.
1836.050
Standards for single-family
dwellings.
1836.060
Siting of dwellings and
structures.
18.36.070
Fire siting standards for
dwellings and structures.
1836.080
Fire safety design standards
for roads.
1836.085
Stocking requirement.
1836.090
Dimensional standards.
18.36.100
Yards and setbacks.
1836.110
Stream setbacks.
1836.120
State law controls.
1836.130
Rimrock setbacks.
1836.140
Restrictive covenants.
1836.010 Purpose.
The purpose of the Forest Use Zone is to
conserve forest lands. (Ord. 92-025 § 2,1992;
Ord. 91-020 § 1, 1991)
1836.020 Uses permitted outright.
The following uses and their accessory uses
are permitted outright, subject to applicable
siting criteria set forth in this chapter and any
other applicable provisions of this title.
A. Forest operations or forest practices
including, but not limited to, reforestation of
forest land, road construction and
maintenance, harvesting of a forest tree
species, application of chemicals and disposal
of slash.
B. Temporary on-site structures which are
auxiliary to and used during the term of a
particular forest operation. As used here,
temporary structures are those which are
portable and/or not placed on a permanent
Chapter 18.36
0148-1193
foundation, and which are removed at the
conclusion of the forest operation requiring its
use.
C. Physical alterations to commercial forest
land auxiliary to forest practices including, but
not limited to, those made for purposes of
exploration, mining, commercial gravel
extraction and processing, landfills, dams,
reservoirs, road construction or recreational
facilities. Gravel extraction and processing
not covered by this section is governed by
chapter 18.52 of this title.
D. Uses to conserve soil, air and water
quality and to provide for wildlife and
fisheries resources.
E. Farm use as defined in Oregon Revised
Statutes 215.203.
F. Local distribution lines (e.g., electric,
telephone, natural gas, etc.) and accessory
equipment (e.g., electric distribution
transformers, poles, meter cabinets, terminal
boxes, pedestals), or equipment which
provides service hookups, including water
service hookups.
G. Temporary portable facility for the
primary processing of forest products. The
facility shall not be placed on a permanent
foundation and shall be removed at the
conclusion of the forest operation requiring its
use.
H. Exploration for mineral and aggregate
resources as defined in Oregon Revised
Statutes chapter 517.
I. Towers and fire stations for forest fire
protection.
J. Widening of roads within existing rights
of way in conformance with the transportation
element of the comprehensive plan including
public road and highway projects as described
in Oregon Revised Statutes 215.283(1)(k)
through (n).
K. Water intake facilities, canals and
distribution lines for farm irrigation and
ponds.
L. Uninhabitable structures accessory to
fish and wildlife enhancement.
M. Alteration, restoration or replacement
of a lawfully established dwelling that:
(11/95)
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.
(Ord. 94-038 § 1, 1994; Ord. 92-025 § 2, 1992;
Ord. 91-020 § 1, 1991; Ord. 91-002 § 8, 1991)
18.36.030 Conditional uses permitted.
The following uses and their accessory uses
may be allowed in the Forest Use Zone,
subject to applicable provisions of the
Comprehensive Plan, section 18.36.040 of this
title and other applicable sections of this title.
A. Private hunting and fishing operations
without any lodging accommodations.
B. Caretaker residences for public parks
and fish hatcheries.
C. Temporary forest labor camps limited to
the duration of the forest operation requiring
its use.
D. Exploration for and production of
geothermal, gas, oil and other associated
hydrocarbons, including the placement and
operation of compressors, separators and
other customary production equipment for an
individual well adjacent to the well head.
E. Log scaling and weigh stations.
F. Disposal site for solid waste for which
the Department of Environmental Quality has
granted a permit under Oregon Revised
Statutes 459.245, together with equipment,
facilities or buildings necessary for its
operation.
G. Parks and campgrounds. For the
purpose of this section a campground is an
area devoted to overnight temporary use for
vacation, recreational or emergency purposes,
but not for residential purposes. A camping
site may be occupied by a tent, travel trailer
or recreational vehicle. Campgrounds shall
not include intensively developed recreational
uses such as swimming pools, tennis courts,
retail stores or gas stations.
H. Mining and processing of oil, gas or
other subsurface resources, as defined in
Oregon Revised Statutes chapter 520.005, and
not otherwise permitted under subsection (D)
of this section.
I. Television, microwave and radio
communication facilities and transmission
towers.
J. Fire stations for rural fire protection.
K. Utility facilities for the purpose of
generating power. A power generation facility
shall not preclude more than 10 acres from
use as a commercial forest operation unless an
exception is taken pursuant to Oregon
Administrative Rules 660, Division 4.
L. Aids to navigation and aviation.
M. Water intake facilities, related treatment
facilities, pumping stations and distribution
lines.
N. Reservoirs and water impoundments.
O. Cemeteries.
P. New electric transmission lines with
right-of-way widths of up to 100 feet as
specified in Oregon Revised Statutes 772.210.
New distribution lines (e.g. electrical, gas, oil,
geothermal) with rights of way 50 feet or less
in width.
Q. Temporary asphalt and concrete batch
plants as accessory uses to specific highway
projects.
R. Home occupations as defined in section
18.04.575 and subject to section 18.128.040(G)
of this title.
S. Expansion of existing airports.
T. Public road and highway projects as
described as Oregon Revised Statutes
215.283(2)(p) through (r) and 215.283(3).
U. Private accommodations for fishing
occupied on a temporary basis subject to other
applicable sections of this title and the
following requirements:
1. Accommodations are limited to no more
than 15 guest rooms as that term is defined in
the Oregon Structural Specialty Code;
2. Only minor incidental and accessory
Chapter 18.36 2 (11/95)
retail sales are permitted;
3. Accommodations are occupied
temporarily for the purpose of fishing during
fishing seasons authorized by the Oregon Fish
and Wildlife Commission; and
4. Accommodations must belocatedwithin
one-quarter mile of fish -bearing Class I waters
as defined in Oregon Administrative Rules
629-24-101(7).
V. Forest management research and
experimentation facilities as defined by
Oregon Revised Statutes 526.215 or where
accessory to forest operations.
W. 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) of this title.
X. A 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 as defined in
Oregon Revised Statutes 215.283. The use
shall be subject to the review criteria in
section 18.116.090 of this title, as well as
sections 18.36.040 and 18.36.060. The
manufactured home shall use the same
subsurface sewage disposal system used by the
existing dwellings if that disposal system is
adequate to accommodate the additional
dwelling.
Y. Single-family dwellings as specified in
section 18.36.050. (Ord. 94-038 1, 1994; Ord.
92-068 § 1, 1992; Ord. 92-025 § 2, 1992; Ord.
91-038 § 1, 1991; Ord. 90-014 § 28, 1990; Ord.
86-018 § 8, 1986)
18.36.040 Limitations on conditional
uses.
A use authorized by section 18.36.030 of this
title must meet the following requirements.
These requirements are designed to make the
use compatible with forest operations and
agriculture and to conserve values found on
forest lands.
A. The proposed use will not force a
significant change in, or significantly increase
the cost of, accepted farming or forest
practices on agricultural or forest lands.
4148-1195
B. The proposed use will not significantly
increase fire hazard or significantly increase
fire suppression costs or significantly increase
risks to fire suppression personnel.
C. Prior to final approval of any use listed
in section 18.36.030, the land owner shall sign
and record in the County Clerk's Office a
written statement recognizing the rights of
adjacent and nearby land owners to conduct
forest operations consistent with the Forest
Practices Act and Rules. (Ord. 94-038 § 1,
1994; Ord. 92-025 § 2, 1992; Ord. 91-020 § 1,
1991)
18.36.050 Standards for single-family
dwellings.
A. General provisions.
1. Dwellings listed as a conditional use
under section 18.36.030(Y) of this chapter
shall meet the following standards:
a. One of the alternative tests set out in
subsections (B) (lot of record dwelling), (C)
(large tract dwelling), or (D) (template
dwelling) of this section;
b. If the lot or parcel is part of a "tract,"
the remaining undeveloped lots or parcels of
the tract shall be consolidated into a single lot
or parcel, or the applicant shall sign and
record with the County Clerk covenants,
conditions and restrictions (on a form
substantially similar to that set forth in section
18.36.140) prohibiting the siting of a dwelling
on the undeveloped portions of the tract.
Such covenants, conditions and restrictions are
irrevocable, unless a statement of release is
signed by the County Planning Director, or his
authorized representative.
c. No other dwellings shall be located on
the tract.
d. The applicant shall provide evidence
that any domestic water supply is from a
source authorized in accordance 'with the
Department of Water Resources Oregon
Administrative Rules for the appropriation of
ground water (Oregon Administrative Rules
690, Division 10) or surface water (Oregon
Administrative Rules 690, Division 20) and
not from a Class II stream as defined in the
Chapter 18.36 3 (11/95)
Forest Practices Rule (Oregon Administrative
Rules 629-24-101(3)).
For purposes of this section, evidence of a
domestic water supply means:
1. Verification from a water purveyor that
the use described in the application will be
served by the purveyor under the purveyor's
rights to appropriate water; or
2. A water use permit issued by the Water
Resources Department for the use described
in the application; or
3. Verification from the Water Resources
Department that a water use permit is not
required for the use described in the
application. If the proposed water supply is
from a well and is exempt from permitting
requirements under Oregon Revised Statutes
537.545, the applicant shall submit the well
construction report to the county upon
completion of the well.
e. If road access to a dwelling is by a road
owned and maintained by a private parry or by
the Oregon Department of Forestry, the
Bureau of Land Management or the U.S.
Forest Service, then the applicant shall
provide proof of a long-term road access use
permit or agreement. The road use permit
may require the applicant to agree to accept
responsibility for road maintenance.
2. In addition, dwellings listed as a
conditional use under section 18.36.030(Y) of
this chapter shall be subject to the following
standards or conditions:
a. The conditional use standards set forth
in section 18.36.040;
b. The siting criteria set forth in section
18.36.060;
c. The fire siting standards set forth in
section 18.36.070;
d. The fire safety design standards for
roads set forth in section 18.36.080;
e. The stocking requirements set forth in
section 18.36.085, if applicable; and
f. Any other provisions made applicable by
this title or the comprehensive plan.
3. Dwellings in forest zones shall not be
subject to conditional use standards.
B. Lot of Record Dwelling. For approval
0148-1196
under this subsection, a single-family dwelling
shall meet the following requirements:
1. The lot or parcel on which the dwelling
would be sited was lawfully created prior to
January 1, 1985 and was acquired by the
present owner either prior to January 1, 1985
or by devise or by intestate succession from a
person who acquired the lot or parcel prior to
January 1, 1985.
For the 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.
2. The dwelling would be located on a
tract that is composed of soils not capable of
producing 4,000 cubic feet per year of
commercial tree species and is located within
1,500 feet of a public road. The road shall
not be a U.S. Forest Service road or a Bureau
of Land Management (BLM) road and shall
be maintained and either paved or surfaced
with rock.
For the purposes of this section, "public
roads" are those roads in which the public has
a right of use that is a matter of public record.
For the purposes of this section,
"commercial tree species" means tree
recognized under rules adopted by the Oregon
Department of Forestry under Oregon
Revised Statutes 527.715 for commercial
production.
3. 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.
C. Large Tract Dwelling. For approval of
a single-family dwelling under this subsection,
the subject property shall consist of at least
240 contiguous acres in one ownership.
D. Template Dwelling. For approval under
this subsection, a single-family dwelling shall
Chapter 18.36 4 (11/95)
meet the following requirements:
1. The lot or parcel is predominantly
composed of soils that are:
a. Capable of producing 0 to 20 cubic feet
per acre per year of wood fiber if:
i. All or part of at least three other lots or
parcels that existed on January 1, 1993, are
within a 160 acre square centered on the
center of the subject tract; and
ii. At least three other dwellings existed on
January 1, 1993 on the other lots or parcels.
b. Capable of producing 21 to 50 cubic
feet per acre per year of wood fiber if:
i. All or part of at least seven other lots or
parcels that existed on January 1, 1993, are
within a 160 acre square centered on the
center of the subject tract; and
ii. At least three dwellings existed on
January 1, 1993 on the other lots or parcels.
c. Capable of producing more than 50
cubic feet per acre per year of wood fiber if:
L All or part of at least 11 other lots or
parcels that existed on January 1, 1993, are
within a 160 acre square centered on the
center of the subject tract; and
ii. At least three dwellings existed on
January 1, 1993 on the other lots or parcels.
2. Requirements of Applying Template
a. If a tract 60 acres or larger described in
this subsection abuts a road or perennial
stream, the measurement shall be made by
using a 160 -acre rectangle that is one mile
long and one-fourth mile wide centered on the
center of the subject tract and that is to the
maximum extent possible aligned with the
road or stream.
b. If a road crosses the tract on which the
dwelling will be located, at least one of the
three required dwellings shall be on the same
side of the road as the proposed dwelling.
However, one of the three required dwellings
shall be on the same side of the road or
stream as the tract and;
1. Be located within a 160 -acre rectangle
that is one mile long and one-fourth mile wide
centered on the center of the subject tract and
that is to the maximum extent possible aligned
with the road or stream;
0148-119'7
2. Be within one-quarter mile from the
edge of the subject tract but not outside the
length of the 160 -acre rectangle, and on the
same side of the road or stream as the tract.
c. If a tract reviewed under this subsection
abuts a road that existed on January 1, 1993,
the measurement may be made by creating a
160 -acre rectangle that is one mile long and
one-fourth mile wide centered on the center
of the subject tract and that is to the
maximum extent possible, aligned with the
road. (Ord. 94-038 § 1,1994; Ord. 92-025 § 2,
1992; Ord. 91-020 § 1, 1991)
18.36.060 Siting of dwellings and
structures.
All new dwellings and structures approved
pursuant to section 18.36.030 or permitted
under section 18.36.020 shall be sited in
accordance with this section and section
18.36.070. Relevant physical and locational
factors including, but not limited to,
topography, prevailing winds, access,
surrounding land use and source of domestic
water shall be used to identify a site which:
A. Has the least impact on nearby or
adjacent lands zoned for forest or agricultural
use;
B. Ensures that forest operations and
accepted farming practices will not be
curtailed or impeded;
C. Minimizes the amount of forest lands
used for the building site, road access and
service corridors; and
D. Consistent with the applicable provisions
of section 18.36.070, minimizes the risks
associated with wildfire. (Ord. 94-038 § 1,
1994; Ord. 92-025 § 2, 1992)
18.36.070 Fire siting standards for
dwellings and structures.
The following fire siting standards shall
apply to all new dwellings and permanent
structures (including permitted uses), except
as otherwise noted:
A. Access
1. If a water supply, such as a swimming
pool, pond, stream or lake, is available and
Chapter 18.36 5 (11/95)
suitable for fire protection or is required
under this section, then road access to within
15 feet of the water's edge shall be provided
for pumping units. The road access shall be
constructed and maintained to accommodate
the maneuvering of fire fighting equipment
during the fire season. Permanent signs shall
be posted along the access route to indicate
the location of the emergency water source.
2. Road access to the dwelling or structure
shall meet the road design standards described
in section 18.36.080 of this title.
B. Firebreaks
1. Primary Firebreak. Prior to use, owners
of dwellings and structures shall construct a
primary firebreak, not less than 10 feet wide,
containing nonflammable materials. This may
include lawn, walkways, driveways, gravel
borders or other similar materials.
2. Secondary Firebreak. Owners of the
dwellings and structures shall construct a
secondary firebreak of not less than 20 feet
outside the primary firebreak. This firebreak
need not be bare ground, but can include a
lawn, ornamental shrubbery or individual or
groups of trees separated by a distance equal
to the diameter of the crowns adjacent to each
other, or 15 feet, whichever is greater. All
trees shall be pruned to at least eight feet in
height. Dead fuels shall be removed.
3. Fuel Break. Owners of the dwellings
and structures shall maintain a fuel break
extending a minimum of 100 feet in all
directions around the secondary firebreak.
Individual and groups of trees within the fuel
break shall be separated by a distance equal to
the diameter of the crowns adjacent to each
other, or 15 feet, whichever is greater. Small
trees and brush growing underneath larger
trees shall be removed to prevent spread of
fire up into the crowns of the larger trees. All
trees shall be pruned to at least eight feet in
height. Dead fuels shall be removed. The
fuel break shall be completed prior to the
beginning of the coming fire season.
4. No portion of a tree or any other
vegetation shall extend to within 15 feet of the
outlet of a stovepipe or chimney.
0148-1198
C. Single-family dwellings, caretaker
residences and private accommodations for
fishing shall not be located on hillsides steeper
than 30 percent and containing flammable
fuels.
D. The applicant for a single-family
dwelling, caretaker residence or private
accommodations for fishing shall obtain an
address from the county address coordinator
and shall display that number in a location of
the property that is clearly visible from the
road used as the basis for numbering. The
numbers shall not be less than three inches in
height, shall be painted in a contrasting or
visible color and shall comply with all other
applicable standards for signs.
E. Structural Standards.
1. All dwellings and structures shall use
noncombustible or fire resistant roofing
materials. This means roofing material
identified as Class A, B or C in the Oregon
Uniform Building Code. Roof sprinklers are
not an acceptable alternative to this standard.
2. If the dwelling or structure has a
chimney, it shall have a spark arrester.
F. Fire Protection. Single-family
dwellings, caretaker residences and private
accommodations for fishing shall be located
upon a parcel for which fire protection
services are available or where alternative
protective measures are authorized by this
subsection.
1. For the purposes of this section fire
protection services are available if the parcel
is located within the boundaries of a fire
protection district or residential fire protection
service is provided by contract, as evidenced
by a written, signed contract.
2. If the dwelling or structure is not within
a fire protection district, the applicant shall
provide evidence that the applicant has asked
to be included in the nearest such district.
3. If the parcel is not located within a fire
protection district and it is determined,
following application for inclusion within the
nearest such district, that inclusion in the
district would be impracticable, alternative
means of fire protection shall be allowed,
Chapter 18.36 6 (11/95)
consistent with the following standards:
a. The dwelling or structure shall be
equipped with a residential fire sprinkler
system. For caretaker residences or single-
family residences, such a sprinkler system shall
be installed to the minimum requirements of
NFPA 13D "Standards for the Installation of
Sprinkler Systems in One and Two -Family
Dwellings."
b. The dwelling shall have on-site water
storage capability from a swimming pool,
pond, lake, or similar water body of at least
4,000 gallons or a stream having a continuous
year round flow of at least one cubic foot per
second. The applicant shall provide
verification from the Water Resources
Department that any permits or registrations
required for water diversions have been
obtained or that such permits or registrations
are not required under state law for the use.
(Ord. 94-038 § 1,1994; Ord. 94-038 § 1,1994;
Ord. 92-025 § 2, 1992)
18.36.080 Fire safety design standards
for roads.
The following standards apply to all roads
and driveways, except for private roads
accessing only commercial forest uses, which
access uses permitted under section 18.36.020
or approved under section 18.36.030 of this
title.
A. Roads, bridges and culverts shall be
designed and maintained to support a
minimum gross vehicle weight (GVW) of
50,000 lbs. If bridges or culverts are involved
in the construction of a road or driveway,
written verification of compliance with the
50,000 lb. GVW standard shall be provided by
a Professional Engineer, registered in Oregon.
B. Access roads shall have an unobstructed
horizontal clearance of not less than 20 feet
and an unobstructed vertical clearance of not
less than 13.5 feet, and provide an all-weather
surface.
C. Turnarounds shall have a minimum of
50 feet of turn radius with an all-weather
surface and be maintained for turning of fire
fighting equipment.
0148-1199
D. Road grades should not exceed eight
percent, with a maximum of 12 percent on
short pitches. Variations from these standards
may be granted by the fire service having
responsibility for the area when topographic
conditions make these standards impractical
and where the local fire protection district
states their fire fighting equipment can
negotiate the proposed road grade. (Ord. 92-
025 § 2, 1992)
18.36.085 Stocking requirement.
All dwellings approved under section
18.36.050 of this chapter shall be subject to
the provisions of this section.
A. Stocking Requirement.
1. Dwellings approved under section
18.36.050 shall include a condition requiring
the owner to plant a sufficient number of
trees on the tract to demonstrate that the tract
is reasonably expected to meet Department of
Forestry stocking requirements specified in
Department of Forestry administrative rules
(Oregon Administrative Rules 629-24-400 et.
seq.) in force at the time the approval is
granted.
2. Consistent with Department of Forestry
Administrative Rules, Oregon Administrative
Rules 629-24-401 and Oregon Administrative
Rules 629-24-404, stocking shall not be
required for (1) tracts designated by the
department of Forestry as Class III forest land
and (2) tracts of 11 acres or under in one
contiguous ownership.
B. Reporting Requirements.
1. The Planning Director or his designee
shall notify the County Assessor of any
stocking requirement condition at the time the
dwelling is approved.
2. The property owner shall submit a
stocking survey report to the County Assessor
and the assessor shall verify that the minimum
stocking requirements have been met by the
time required under Department of Forestry
rules. The assessor shall inform the
Department of Forestry in cases where the
property owner has not submitted a stocking
report or where the survey report indicates
Chapter 18.36 7 (11/95)
that minimum stocking requirements have not
been met.
3. Upon notification by the assessor, the
Department of Forestry shall determine
whether the tract meets minimum stocking
requirements of the Forest Practices Act.
That decision shall be solely the decision of
the Department of Forestry. If the
department determines that the tract does not
meet those requirements, the department shall
notify the owner and the assessor that the
land is not being managed as forest land. The
assessor shall then remove the forest land
designation pursuant to Oregon Revised
Statutes 321.359 and impose the additional tax
pursuant to Oregon Revised Statutes 321.372.
The tax penalty imposed by the assessor
under this section shall be the only sanction
for failure to meet stocking requirements.
(Ord. 94-038 § 1, 1994)
18.36.090 Dimensional standards.
In an F-1 Zone, the following dimensional
standards shall apply:
A. The minimum lot size is 80 acres;
B. Land divisions creating parcels less than
80 acres in size may only be approved for uses
listed in section 18.36.030(D) through (0),
provided that those uses have been approved
pursuant to section 18.36.040. Such division
shall create a parcel that is the minimum size
necessary for the use.
C. Building Height. No nonagricultural
building or structure shall be erected or
enlarged to exceed 30 feet in height, except as
approved under section 18.120.040. (Ord. 94-
038 § 1,1994; Ord. 92-025 § 2,1992; Ord. 83-
037 § 10, 1983)
18.36.100 Yards and setbacks.
A. The front yard setback shall be 40 feet
from a property line fronting on a local street,
60 feet from a property line fronting on a
collector and 100 feet from a property line
fronting on an arterial.
B. Each side yard setback shall be a
minimum of 25 feet, except a parcel or lot
with a side yard adjacent to zoned forest land
0148-x1200
shall have a minimum side yard of 100 feet.
C. Rear yards shall be a minimum of 25
feet, except parcels or lots with rear yards
adjacent to zoned forest land shall have a
minimum rear yard of 100 feet.
D. The setback from the north lot line shall
meet the solar setback requirements in section
18.116.180 of this title.
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 th[is]e [title]
Deschutes County Code shall be met. (Ord.
95-075 § 1,1995; Ord. 94-008 § 18,1994; Ord.
92-025 § 2, 1992; Ord. 83-037 § 11, 1983)
18.36.110 Stream setbacks.
All sewage disposal installations such as
vault toilets, septic tanks and drainfield
systems shall be set back from the ordinary
high water mark along all streams and lakes a
minimum of 100 feet measured at right angles
to the ordinary high water mark. 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. 92-025
§ 2, 1992)
18.36.120 State law controls.
Forest operations are governed by the State
Forest Practices Act. Whenever a use allowed
by this section conflicts with or is prohibited
by the Oregon Forest Practices Act or
regulations promulgated thereunder, state law
shall control. (Ord. 92-025 § 2, 1992)
18.36.130 Rimrock setbacks.
Setbacks from rimrock shall be as provided
in section 18.116.160. (Ord. 86-053 § 8, 1986)
1836.140 Restrictive covenants.
Restrictive covenants required under this
chapter shall substantially comply with the
form set forth below:
'Declaration of Covenants, Conditions and
Chapter 18.36 8 (11/95)
Restrictions
Whereas, the undersigned
hereinafter referred to as "Declarant," is
owner in fee simple of the property described
in Exhibit A attached hereto and incorporated
by reference herein; and
Whereas, the Declarant desires to declare
his/her intention to create certain covenants,
conditions and restrictions in order to
effectuate and comply with the requirements
of Oregon Administrative Rule (Oregon
Administrative Rules) 660-06-027;
Declarant hereby declares that all of the
property described on Exhibit A shall be held,
sold, and conveyed subject to the following
covenants, conditions and restrictions:
It is not lawful to use the property described
in this instrument for the construction or
siting of a dwelling or to use the acreage of
the tract to qualify another tract for the
construction or siting of a dwelling.
These covenants, conditions and restrictions
can be removed only and at such time as the
property described herein is no longer
protected under the statewide planning goals
for agricultural and forest lands or the
legislature otherwise provides by statute that
these covenants, conditions and restrictions
may be removed, and the authorized
representative of the county or counties in
which the property subject to these covenants,
conditions and restrictions are located
executes and records a release of the
covenants, conditions and restrictions created
by this instrument.
In witness whereof, the undersigned, being
Declarant herein, has heretofore set their
hand this day of ." (Ord.
94-038 § 1, 1994)
(Zoning maps amended by Ord. 93-028 § 1,
1993; 93-014 § 1,1993; Ord 92-026 § 1, 1992)
Chapter 18.36
V]
0148-1201
(11/95)
Chapter 18.40
FOREST USE - F-2 ZONE
Sections:
uses.
18.40.010
Purpose.
18.40.020
Uses permitted outright.
18.40.030
Conditional uses permitted.
18.40.040
Limitations on conditional
18.40.010 Purpose.
The purpose of the Forest Use Zone is to
conserve forest lands. (Ord. 92-025 § 3,1992;
Ord. 91-020 § 1, 1991)
18.40.020 Uses permitted outright.
The following uses and their accessory uses
are permitted outright, subject to applicable
siting criteria set forth in this chapter and any
other applicable provisions of this title:
A. Forest operations or forest practices
including, but not limited to, reforestation of
forest land, road construction and
maintenance, harvesting of a forest tree
species, application of chemicals and disposal
of slash.
B. Temporary on-site structures that are
auxiliary to and used during the term of a
particular forest operation. As used here,
temporary structures are those which are
portable and/or not placed on a permanent
foundation, and which are removed at the
0148-12"'1
conclusion of the forest operation requiring its
use.
C. Physical alterations to commercial forest
land auxiliary to forest practices including, but
not limited to, those made for purposes of
exploration, mining, commercial gravel
extraction and processing, landfills, dams,
reservoirs, road construction or recreational
facilities. Gravel extraction and processing
not covered by this section is governed by
chapter 18.52 of this title.
D. Uses to conserve soil, air and water
quality and to provide for wildlife and
fisheries resources.
E. Farm use as defined in Oregon Revised
Statutes 215.203.
F. Local distribution lines (e.g., electric,
telephone, natural gas, etc.) and accessory
equipment (e.g., electric distribution
transformers, poles, meter cabinets, terminal
boxes, pedestals), or equipment which
provides service hookups, including water
service hookups.
G. Temporary portable facility for the
primary processing of forest products. The
facility shall not be placed on a permanent
foundation and shall be removed at the
conclusion of the forest operation requiring its
use.
H. Exploration for mineral and aggregate
resources as defined in Oregon Revised
Statutes chapter 517.
I. Towers and fire stations for forest fire
protection.
I Widening of roads within existing rights
of way in conformance with the transportation
element of the comprehensive plan including
public road and highway projects as described
in Oregon Revised Statutes 215.283(1)(k)
through (n).
K. Water intake facilities, canals and
distribution lines for farm irrigation and
ponds.
L. Uninhabitable structures accessory to
fish and wildlife enhancement.
M. Alteration, restoration or replacement
of a lawfully established dwelling that:
1. Has intact exterior walls and roof
Chapter 18.40 1 (11/95)
uses.
18.40.050
Standards for single-family
dwellings.
18.40.060
Siting of dwellings and
structures.
18.40.070
Fire siting standards for
dwellings and structures.
18.40.080
Fire safety design standards
for roads.
18.40.085
Stocking requirement.
18.40.090
Dimensional standards.
18.40.100
Yards and setbacks.
18.40.110
Stream setbacks.
18.40.120
State law controls.
18.40.130
Rimrock setback.
18.40.010 Purpose.
The purpose of the Forest Use Zone is to
conserve forest lands. (Ord. 92-025 § 3,1992;
Ord. 91-020 § 1, 1991)
18.40.020 Uses permitted outright.
The following uses and their accessory uses
are permitted outright, subject to applicable
siting criteria set forth in this chapter and any
other applicable provisions of this title:
A. Forest operations or forest practices
including, but not limited to, reforestation of
forest land, road construction and
maintenance, harvesting of a forest tree
species, application of chemicals and disposal
of slash.
B. Temporary on-site structures that are
auxiliary to and used during the term of a
particular forest operation. As used here,
temporary structures are those which are
portable and/or not placed on a permanent
foundation, and which are removed at the
0148-12"'1
conclusion of the forest operation requiring its
use.
C. Physical alterations to commercial forest
land auxiliary to forest practices including, but
not limited to, those made for purposes of
exploration, mining, commercial gravel
extraction and processing, landfills, dams,
reservoirs, road construction or recreational
facilities. Gravel extraction and processing
not covered by this section is governed by
chapter 18.52 of this title.
D. Uses to conserve soil, air and water
quality and to provide for wildlife and
fisheries resources.
E. Farm use as defined in Oregon Revised
Statutes 215.203.
F. Local distribution lines (e.g., electric,
telephone, natural gas, etc.) and accessory
equipment (e.g., electric distribution
transformers, poles, meter cabinets, terminal
boxes, pedestals), or equipment which
provides service hookups, including water
service hookups.
G. Temporary portable facility for the
primary processing of forest products. The
facility shall not be placed on a permanent
foundation and shall be removed at the
conclusion of the forest operation requiring its
use.
H. Exploration for mineral and aggregate
resources as defined in Oregon Revised
Statutes chapter 517.
I. Towers and fire stations for forest fire
protection.
I Widening of roads within existing rights
of way in conformance with the transportation
element of the comprehensive plan including
public road and highway projects as described
in Oregon Revised Statutes 215.283(1)(k)
through (n).
K. Water intake facilities, canals and
distribution lines for farm irrigation and
ponds.
L. Uninhabitable structures accessory to
fish and wildlife enhancement.
M. Alteration, restoration or replacement
of a lawfully established dwelling that:
1. Has intact exterior walls and roof
Chapter 18.40 1 (11/95)
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. (Ord. 94-038 § 2,1994;
Ord. 92-025 § 3, 1992; Ord. 91-020 § 1, 1991;
Ord. 91-005 § 21,1991; Ord. 91-002 § 9, 1991)
18.40.030 Conditional uses permitted.
The following uses and their accessory uses
may be allowed in the Forest Use Zone,
subject to applicable provisions of the
Comprehensive Plan, section 18.40.040 and
other applicable sections of this title:
A. Private hunting and fishing operations
without any lodging accommodations.
B. Caretaker residences for public parks
and fish hatcheries.
C. Temporary forest labor camps limited to
the duration of the forest operation requiring
it use.
D. Destination Resorts where mapped in a
DR zone and subject only to the provisions of
chapter 18.113 and other applicable provisions
of Title 18 and the Comprehensive Plan not
contained in this chapter.
E. Exploration for and production of
geothermal, gas, oil and other associated
hydrocarbons, including the placement and
operation of compressors, separators and
other customary production equipment for an
individual well adjacent to the well head.
F. Log scaling and weigh stations.
G. Disposal site for solid waste for which
the Department of Environmental Quality has
granted a permit under Oregon Revised
Statutes 459.245, together with equipment,
facilities or buildings necessary for its
operation.
H. Parks and campgrounds. For the
purpose of this section, a campground is an
area devoted to overnight temporary use for
vacation, recreational or emergency purposes,
0148-. 03
but not for residential purposes. A camping
site may be occupied by a tent, travel trailer
or recreational vehicle. Campgrounds shall
not include intensively developed recreational
uses such as swimming pools, tennis courts,
retail stores or gas stations.
I. Mining and processing of oil, gas or
other subsurface resources, as defined in
Oregon Revised Statutes chapter 520.005, and
not otherwise permitted under subsection (E)
of this section.
J. Television, microwave and radio
communication facilities and transmission
towers.
K. Fire stations for rural fire protection.
L. Utility facilities for the purpose of
generating power. A power generation facility
shall not preclude more than 10 acres from
use as a commercial forest operation unless an
exception it taken pursuant to Oregon
Administrative Rules 660, Division 4.
M. Aids to navigation and aviation.
N. Water intake facilities, related treatment
facilities, pumping stations and distribution
lines.
O. Reservoirs and water impoundments.
P. Cemeteries.
Q. New electric transmission lines with
right-of-way widths of up to 100 feet as
specified in Oregon Revised Statutes 772.210.
New distribution lines (e.g. gas, oil,
geothermal) with rights of way 50 feet or less
in width.
R. Temporary asphalt and concrete batch
plants as accessory uses to specific highway
projects.
S. Home occupations as defined in section
18.04.575 and subject to section 18.128.040(G)
of this title.
T. Expansion of existing airports.
U. Public road and highway projects as
described as Oregon Revised Statutes
215.283(2)(p) through (r) and 215.283(3).
V. Private accommodations for fishing
occupied on a temporary basis subject to other
applicable sections of this title and the
following requirements:
1. Accommodations are limited to no more
Chapter 18.40 2 (11/95)
than 15 guest rooms as that term is defined in
the Oregon Structural Specialty Code;
2. Only minor incidental and accessory
retail sales are permitted;
3. Accommodations are occupied
temporarily for the purpose of fishing during
fishing seasons authorized by the Oregon Fish
and Wildlife Commission; and
4. Accommodations must belocatedwithin
one-quarter mile of fish -bearing Class I waters
as defined in Oregon Administrative Rules
629-24-101(7).
W. Forest management research and
experimentation facilities as defined by
Oregon Revised Statutes 526.215 or where
accessory to forest operations.
X. Single-family dwellings as specified in
section 18.40.050.
Y. 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) of this title.
Z. A 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 as defined in
Oregon Revised Statutes 215.283. The use
shall be subject to the review criteria in
section 18.116.090 of this title, as well as
sections 18.40.040 and 18.40.60 of this chapter.
The manufactured home shall use the same
subsurface sewage disposal system used by the
existing dwellings if that disposal system is
adequate to accommodate the additional
dwelling. (Ord. 94-038 § 2,1994; Ord. 92-025
§ 3, 1992; Ord. 91-038 § 1, 1991;Ord. 91-037
§ 1, 1991; Ord. 91-020 § 1, 1991; Ord. 91-005
§§ 22, 23 & 24,1991; Ord. 90-014 §§ 29 & 36,
1990; Ord. 86-018 § 9, 1986; Ord. 84-015 § 2,
1984; Ord. 83-033 § 3, 1983)
18.40.040 Limitations on conditional
uses.
A use authorized by section 18.40.030 of this
title must meet the following requirements.
These requirements are designed to make the
use compatible with forest operations and
agriculture and to conserve values found on
0148--1204
forest lands.
A. The proposed use will not force a
significant change in, or significantly increase
the cost of, accepted farming or forest
practices on agriculture or forest lands;
B. The proposed use will not significantly
increase fire hazard or significantly increase
fire suppression costs or significantly increase
risks to fire suppression personnel.
C. Prior to final approval of any use listed
in section 18.40.030, the land owner shall sign
and record in the County Clerk's Office a
written statement recognizing the rights of
adjacent and nearby land owners to conduct
forest operations consistent with the Forest
Practices Act and Rules. (Ord. 94-038 § 2,
1994; Ord. 92-025 § 3, 1992; Ord. 91-020 § 1,
1991)
18.40.050 Standards for single-family
dwellings.
A. General Provisions.
1. Dwellings listed as a conditional use
under section 18.40.030(X) of this chapter
shall meet the following standards:
a. One of the alternative tests set out in
subsections (B) (lot of record dwelling), (C)
(large tract dwelling), or (D) (template
dwelling) of this section;
b. If the lot or parcel is part of a "tract,"
the remaining undeveloped lots or parcels of
the tract shall be consolidated into a single lot
or parcel, or the applicant shall sign and
record with the County Clerk covenants,
conditions and restrictions (on a form substan-
tially similar to that set forth in section
18.36.140) prohibiting the siting of a dwelling
on the undeveloped portions of the tract.
Such covenants, conditions and restrictions are
irrevocable, unless a statement of release is
signed by the County Planning Director, or his
authorized representative.
c. No other dwellings shall be located on
the tract.
d. The applicant shall provide evidence
that any domestic water supply is from a
source authorized in accordance with the
Department of Water Resources Oregon
Chapter 18.40 3 (11/95)
Administrative Rules for the appropriation of
ground water (Oregon Administrative Rules
690, Division 10) or surface water (Oregon
Administrative Rules 690, Division 20) and
not from a Class II stream as defined in the
Forest Practices Rule (Oregon Administrative
Rules 629-24-101(3)).
For purposes of this section, evidence of a
domestic water supply means:
1. Verification from a water purveyor that
the use described in the application will be
served by the purveyor under the purveyor's
rights to appropriate water; or
2. A water use permit issued by the Water
Resources Department for the use described
in the application; or
3. Verification from the Water Resources
Department that a water use permit is not
required for the use described in the
application. If the proposed water supply is
from a well and is exempt from permitting
requirements under Oregon Revised Statutes
537.545, the applicant shall submit the well
construction report to the county upon
completion of the well.
e. If road access to a dwelling is by a road
owned and maintained by a private parry or by
the Oregon Department of Forestry, the
Bureau of Land Management or the U.S.
Forest Service, then the applicant shall
provide proof of a long-term road access use
permit or agreement. The road use permit
may require the applicant to agree to accept
responsibility for road maintenance.
2. In addition, dwellings listed as a
conditional use under section 18.40.0300 of
this chapter shall be subject to the following
standards or conditions:
a. The conditional use standards set forth
in section 18.40.040;
b. The siting criteria set forth in section
18.40.060;
c. The fire siting standards set forth in
section 18.40.070;
d. The fire safety design standards for
roads set forth in section 18.40.080;
e. The stocking requirements set forth in
section 18.40.085, if applicable; and
0148--1205
E Any other provisions made applicable by
this title or the comprehensive plan.
3. Dwellings in forest zones shall not be
subject to conditional use standards.
B. Lot of Record Dwelling. For approval
under this subsection, a single-family dwelling
shall meet the following requirements:
1. The lot or parcel on which the dwelling
would be sited was lawfully created prior to
January 1, 1985 and was acquired by the
present owner either prior to January 1, 1985
or by devise or by intestate succession from a
person who acquired the lot or parcel prior to
January 1, 1985.
For the 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.
2. The dwelling would be located on a
tract that is composed of soils not capable of
producing 4,000 cubic feet per year of
commercial tree species and is located within
1,500 feet of a public road. The road shall
not be a U. S. Forest Service road or a
Bureau of Land Management (BLM) road
and shall be maintained and either paved or
surfaced with rock.
For the purposes of this section, "public
roads" are those roads in which the public has
a right of use that is a matter of public record.
For the purposes of this section,
"commercial tree species" means tree
recognized under rules adopted by the Oregon
Department of Forestry under Oregon
Revised Statutes 527.715 for commercial
production.
3. 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.
C. Large Tract Dwelling. For approval of
Chapter 18.40 4 (11/95)
a single-family dwelling under this subsection,
the subject property shall consist of at least
240 contiguous acres in one ownership.
D. Template Dwelling. For approval under
this subsection, a single-family dwelling shall
meet the following requirements:
1. The lot or parcel is predominantly
composed of soils that are:
a. Capable of producing 0 to 20 cubic feet
per acre per year of wood fiber if
i. All or part of at least three other lots or
parcels that existed on January 1, 1993, are
within a 160 acre square centered on the
center of the subject tract; and
ii. At least three other dwellings existed on
January 1, 1993 on the other lots or parcels.
b. Capable of producing 21 to 50 cubic
feet per acre per year of wood fiber if:
i. All or part of at least seven other lots or
parcels that existed on January 1, 1993, are
within a 160 acre square centered on the
center of the subject tract; and
ii. At least three dwellings existed on
January 1, 1993 on the other lots or parcels.
c. Capable of producing more than 50
cubic feet per acre per year of wood fiber if:
i. All or part of at least 11 other lots or
parcels that existed on January 1, 1993, are
within a 160 acre square centered on the
center of the subject tract; and
ii. At least three dwellings existed on
January 1, 1993 on the other lots or parcels.
2. Requirements of Applying Template
a. If a tract 60 acres or larger described in
this subsection abuts a road or perennial
stream, the measurement shall be made by
using a 160 -acre rectangle that is one mile
long and one-fourth mile wide centered on the
center of the subject tract and that is to the
maximum extent possible aligned with the
road or stream.
b. If a road crosses the tract on which the
dwelling will be located, at least one of the
three required dwellings shall be on the same
side of the road as the proposed dwelling.
However, one of the three required dwellings
shall be on the same side of the road or
stream as the tract and;
6148-1266
(1) Be located within a 160 -acre rectangle
that is one mile long and one-fourth mile wide
centered on the center of the subject tract and
that is to the maximum extent possible aligned
with the road or stream;
(2) Be within one-quarter mile from the
edge of the subject tract but not outside the
length of the 160 -acre rectangle, and on the
same side of the road or stream as the tract.
c. If a tract reviewed under this subsection
abuts a road that existed on January 1, 1993,
the measurement may be made by creating a
160 -acre rectangle that is one mile long and
one-fourth mile wide centered on the center
of the subject tract and that is to the
maximum extent possible, aligned with the
road. (Ord. 94-038 § 2,1994; Ord. 92-025 § 3,
1992; Ord. 91-020 § 1, 1991)
18.40.060 Siting of dwellings and
structures.
A. All new dwellings and structures
approved pursuant to section 18.40.030 or
permitted under section 18.40.020 shall be
sited in accordance with this section and
section 18.40.070. Relevant physical and
locational factors including, but not limited to,
topography, prevailing winds, access,
surrounding land use and source of domestic
water shall be used to identify a site which:
1. Has the least impact on nearby or
adjacent lands zoned for forest or agricultural
use;
2. Ensures that forest operations and
accepted farming practices will not be
curtailed or impeded;
3. Minimizes the amount of forest lands
used for the building site, road access and
service corridors; and
4. Consistent with the applicable provisions
of section 18.40.070, minimizes the risks
associated with wildfire.
B. The applicant shall provide evidence
that the domestic water supply, if any, is from
a source authorized in accordance with the
Department of Water Resources Oregon
Administrative Rules for the appropriation of
ground water (Oregon Administrative Rules
Chapter 18.40 5 (11/95)
690, Division 10) or surface water (Oregon
Administrative Rules 690, Division 20) and
not from a Class II stream as defined in the
Forest Practices Rule (Oregon Administrative
Rules 629-24-101(3). If the water supply is
unavailable from public sources or sources
located entirely on the subject property, then
the applicant shall provide evidence that a
legal easement has been obtained permitting
domestic water lines to cross the properties of
affected owners. (Ord. 94-038 § 2, 1994; Ord.
92-025 § 3, 1992)
18.40.070 Fire siting standards for
dwellings and structures.
The following fire siting standards shall
apply to all new dwellings and permanent
structures (including permitted uses):
A. Access
1. If a water supply, such as a swimming
pool, pond, stream or lake, is available and
suitable for fire protection or is required
under this section, then road access to within
15 feet of the water's edge shall be provided
for pumping units. The road access shall be
constructed and maintained to accommodate
the maneuvering of fire fighting equipment
during the fire season. Permanent signs shall
be posted along the access route to indicate
the location of the emergency water source.
2. Road access to the dwelling or structure
shall meet the road design standards described
in section 18.36.080 of this title.
B. Firebreaks
1. Primary Firebreak. Prior to use, owners
of dwellings and structures shall construct a
primary firebreak, not less than 10 feet wide,
containing nonflammable materials. This may
include lawn, walkways, driveways, gravel
borders or other similar materials.
2. Secondary Firebreak. Owners of the
dwellings and structures shall construct a
secondary firebreak of not less than 20 feet
outside the primary firebreak. This firebreak
need not be bare ground, but can include a
lawn, ornamental shrubbery or individual or
groups of trees separated by a distance equal
to the diameter of the crowns adjacent to each
0148-1207
other, or 15 feet, whichever is greater. All
trees shall be pruned to at least eight feet in
height. Dead fuels shall be removed.
3. Fuel Break. Owners of the dwellings
and structures shall maintain a fuel break
emending a minimum of 100 feet in all
directions around the secondary firebreak.
Individual and groups of trees within the fuel
break shall be separated by a distance equal to
the diameter of the crowns adjacent to each
other, or 15 feet, whichever is greater. Small
trees and brush growing underneath larger
trees shall be removed to prevent spread of
fire up into the crowns of the larger trees. All
trees shall be pruned to at least eight feet in
height. Dead fuels shall be removed. The
fuel break shall be completed prior to the
beginning of the coming fire season.
4. No portion of a tree or any other
vegetation shall emend to within 15 feet of the
outlet of a stovepipe or chimney.
C. Single-family dwellings, caretaker
residences and private accommodations for
fishing shall not be located on hillsides steeper
than 30 percent and containing flammable
fuels.
D. The applicant for a single-family
dwelling, caretaker residence or private
accommodations for fishing shall obtain an
address from the county address coordinator
and shall display that number in a location of
the property that is clearly visible from the
road used as the basis for numbering. The
numbers shall not be less than three inches in
height, shall be painted in a contrasting or
visible color and shall comply with all other
applicable standards for signs.
E. Structural Standards.
1. All dwellings and structures shall use
noncombustible or fire resistant roofing
materials. This means roofing material
identified as Class A, B or C in the Oregon
Uniform Building Code. Roof sprinklers are
not an acceptable alternative to this standard.
2. If the dwelling or structure has a
chimney, it shall have a spark arrester.
F. Fire Protection. Single-family
dwellings, caretaker residences and private
Chapter 18.40 6 (11/95)
accommodations for fishing shall be located
upon a parcel for which fire protection
services are available or where alternative
protective measures are authorized by this
subsection.
1. For the purposes of this section fire
protection services are available if the parcel
is located within the boundaries of a fire
protection district or residential fire protection
service is provided by contract, as evidenced
by a written, signed contract.
2. If the dwelling or structure is not within
a fire protection district, the applicant shall
provide evidence that the applicant has asked
to be included in the nearest such district.
3. If the parcel is not located within a fire
protection district and it is determined,
following application for inclusion within the
nearest such district, that inclusion in the
district would be impracticable, alternative
means of fire protection shall be allowed,
consistent with the following standards:
a. The dwelling or structure shall be
equipped with a residential fire sprinkler
system. For caretaker residences or single-
family residences, such a sprinkler system shall
be installed to the minimum requirements of
NFPA 13D "Standards for the Installation of
Sprinkler Systems in One and Two -Family
Dwellings."
b. The dwelling shall have on-site water
storage capability from a swimming pool,
pond, lake, or similar water body of at least
4,000 gallons or a stream having a continuous
year round flow of at least one cubic foot per
second. The applicant shall provide
verification from the Water Resources
Department that any permits or registrations
required for water diversions have been
obtained or that such permits or registrations
are not required under state law for the use.
(Ord. 94-038 § 2,1994; Ord. 92-025 § 3, 1992)
18.40.080 Fire safety design standards
for roads.
The following standards apply to all roads
and driveways, except for private roads
accessing only commercial forest uses, which
0148-1208
access uses permitted under section 18.40.020
or approved under section 18.40.030 of this
title.
A. Roads, bridges and culverts shall be
designed and maintained to support a
minimum gross vehicle weight (GVW) of
50,000 lbs. If bridges or culverts are involved
in the construction of a road or driveway,
written verification of compliance with the
50,000 lb. GVW standard shall be provided by
a professional engineer registered in Oregon.
B. Access roads shall have an unobstructed
horizontal clearance of not less than 20 feet
and an unobstructed vertical clearance of not
less than 13.5 feet, and provide an all-weather
surface.
C. Turnarounds shall have a minimum of
50 feet of turn radius with an all-weather
surface and be maintained for turning of fire
fighting equipment.
D. Road grades should not exceed eight
percent, with a maximum of 12 percent on
short pitches. Variations from these standards
may be granted when topographic conditions
make these standards impractical and where
the local fire protection district states their
fire fighting equipment can negotiate the
proposed road grade. (Ord. 92-025 § 3, 1992)
18.40.085 Stocking requirement.
All dwellings approved under this chapter
shall be subject to the provisions of this
section.
A. Stocking Requirement.
1. Dwellings approved under this chapter
shall include a condition requiring the owner
to plant a sufficient number of trees on the
tract to demonstrate that the tract is
reasonably expected to meet Department of
Forestry stocking requirements specified in
Department of Forestry administrative rules
(Oregon Administrative Rules 629-24-400 et.
seq.) in force at the time the approval is
granted.
2. Consistent with Department of Forestry
Administrative Rules Oregon Administrative
Rules 629-24-401 and Oregon Administrative
Rules 629-24-404, stocking shall not be
Chapter 18.40 7 (11/95)
required for (1) tracts designated by the
Department of Forestry as Class III forest
land and (2) tracts of 11 acres or under in one
contiguous ownership.
B. Reporting Requirements.
1. The Planning Director or his designee
shall notify the County Assessor of any
stocking requirement condition at the time the
dwelling is approved.
2. The property owner shall submit a
stocking survey report to the County Assessor
and the assessor shall verify that the minimum
stocking requirements have been met by the
time required under Department of Forestry
rules. The assessor shall inform the
Department of Forestry in cases where the
property owner has not submitted a stocking
report or where the survey report indicates
that minimum stocking requirements have not
been met.
3. Upon notification by the assessor, the
Department of Forestry shall determine
whether the tract meets minimum stocking
requirements of the Forest Practices Act.
That decision shall be solely the decision of
the Department of Forestry. If the
department determines that the tract does not
meet those requirements, the department shall
notify the owner and the assessor that the
land is not being managed as forest land. The
assessor shall then remove the forest land
designation pursuant to Oregon Revised
Statutes 321.359 and impose the additional tax
pursuant to Oregon Revised Statutes 321.372.
The tax penalty imposed by the assessor
under this section shall be the only sanction
for failure to meet stocking requirements.
(Ord. 94-038 § 2, 1994)
18.40.090 Dimensional standards.
In an F-2 Zone, the following dimensional
standards shall apply:
A. The minimum lot size is 80 acres; or
B. Land divisions creating parcels less than
80 acres in size may only be approved for uses
listed in section 18.40.030(D) through (P),
provided that those uses have been approved
pursuant to section 18.40.040 of this title.
0148-1209
Such division shall create a parcel that is the
minimum size necessary for the use.
C. Building Height. No nonagricultural
building or structure shall be erected or
enlarged to exceed 30 feet in height, except as
approved under section 18.120.040. (Ord. 94-
038 § 2,1994; Ord. 92-025 § 3, 1992; Ord. 91-
020 § 1, 1991)
18.40.100 Yards and setbacks.
A. The front yard setback shall be 40 feet
from a property line fronting on a local street,
60 feet from a property line fronting on a
collector and 100 feet from a property line
fronting on an arterial.
B. Each side yard setback shall be a
minimum of 25 feet, except a parcel or lot
with a side yard adjacent to zoned forest land
shall have a minimum side yard of 100 feet.
C. Rear yards shall be a minimum of 25
feet, except parcels or lots with rear yards
adjacent to zoned forest land shall have a
minimum rear yard of 100 feet.
D. The setback from the north lot line shall
meet the solar setback requirements in section
18.116.180 of this title.
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 the[is title]
Deschutes County Code shall be met. (Ord.
95-075 § 1,1995; Ord. 94-008 § 19,1994; Ord.
92-025 § 3, 1992; Ord. 91-020 § 1, 1991; Ord.
83-037 § 11, 1983)
18.40.110 Stream setbacks.
All sewage disposal installations, such as
vault toilets, septic tanks and drainfield
systems shall be set back from the ordinary
high water mark along all streams and lakes a
minimum of 100 feet measured at right angles
to the ordinary high water mark. 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
Chapter 18.40 8 (11/95)
to the ordinary high water mark. (Ord. 92-025
§ 3, 1992; Ord. 91-020 § 1, 1991)
18.40.120 State law controls.
Forest operations are governed by the State
Forest Practices Act. Whenever a use allowed
by this section conflicts with or is prohibited
by the Oregon Forest Practices Act or
regulations promulgated thereunder, state law
shall control. (Ord. 92-025 § 3, 1992)
18.40.130 Rimrock setback.
Setbacks from rimrock shall be as provided
in section 18.116.160. (Ord. 93-043 § 5, 1993;
Ord. 86-053 § 8, 1986)
(Zoning maps adopted by Ord. 92-026 § 1,
1992)
Chapter 18.40
0
0148-1210
(11/95)
Chapter 18.44
FOREST USE - F-3 ZONE
(Repealed by
Ord. 92-025 § 4, 1992)
0148-x.211
Chapter 18.44 1 (11/95)
Chapter 18.48
OPEN SPACE AND CONSERVATION
OS&C ZONE
Sections:
18.48.010
Purpose.
18.48.020
Uses permitted outright.
18.48.030
Conditional uses permitted.
18.48.040
Dimensional standards.
18.48.050
Setbacks.
18.48.060
Limitations on conditional
uses.
In an OS&C Zone, the following regulations
shall apply:
18.48.010 Purpose.
The purpose of the Open Space and
Conservation Zone is to protect designated
areas of scenic and natural resources; to
restrict development in areas with fragile,
unusual or unique qualities; to protect and
improve the quality of the air, water and land
resources and to plan development that will
conserve open space.(Ord. 93-043 § 6, 1993)
18.48.020 Uses permitted outright.
The following uses and their accessory uses
are permitted outright:
A. Farm use as defined in Oregon Revised
Statutes 215.203(2).
B. Public and nonprofit agencies, museums
and exhibits on lands where an exception has
been granted in accordance with Oregon
Administrative Rules chapter 660, Division 4.
C. Public wildlife reserve or management
area, not including structures. (Ord. 94-041 §
1, 1994; Ord. 91-020 § 1, 1991)
18.48.030 Conditional Uses permitted.
The following uses may be allowed subject
to chapter 18.128 of this title:
A. Private parks, picnic areas or hunting
and fishing preserves.
B. Public parks and recreational areas
owned and operated by a governmental
Chapter 18.48
0148-1212
agency or nonprofit community organization.
C. Utility facility except landfills.
D. Water supply and treatment facility.
E. 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).
F. Campground. (Ord. 94-041 § 1, 1994;
Ord. 92-004 § 9, 1992; Ord. 91-038 § 1, 1991)
18.48.040 Dimensional standards.
In an OS&C Zone, the following
dimensional standards shall apply:
A. The minimum lot size is 80 acres.
B. 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. 94-041 § 1,
1994; Ord. 92-055 § B, 1992)
18.48.050 Setbacks.
A. Minimum setbacks shall be 60 feet from
an arterial or collector street or road right of
way and 20 feet from a street within a platted
and recorded subdivision.
B. The setback from a perennial stream or
lake ordinary high water mark shall be a
minimum of 200 feet, and from an
intermittent stream channel, 100 feet.
C. Each side setback shall be a minimum
of 15 feet, except on a corner lot it shall be 30
feet from the street side.
D. The setback from the north lot line shall
meet the solar setback requirements in section
18.116.180.
E. Rimrock Setback. Setbacks from
rimrock shall be as provided in section
18.116.160.
F. 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 the[is title]
Deschutes County Code shall be met. (Ord.
95-075 § 1,1995; Ord. 94-008 § 28,1994; Ord.
91-020 § 1,1991; Ord. 86-053 § 10,1986; Ord.
83-037 § 13, 1983)
(11/95)
18.48.060 Limitations on conditional
uses.
The following limitations shall apply to a
conditional use in an OS&C Zone:
A. An application for a conditional use in
an OS&C Zone may be denied if, in the
opinion of the Planning Director or Hearings
Body, the proposed use is not related to or
sufficiently dependent upon the recreational
resources of the area.
B. The proposed use shall not significantly
increase fire hazard or significantly increase
risks to fire suppression personnel. The
Planning Director or Hearings Body may
require establishment and maintenance of fire
breaks, the use of fire resistant materials in
construction and landscaping, or attach other
similar conditions or limitations that will
reduce fire hazards or prevent the spread of
fire to surrounding areas.
C. The Planning Director or Hearings
Body may limit changes in the natural grade
of land, or the alteration, removal or
destruction of natural vegetation to prevent or
minimize erosion, pollution or degradation of
the natural attractiveness of the area.
D. An application for a conditional use in
an OS&C Zone shall be denied if, in the
opinion of the Planning Director or Hearings
Body, the proposed use would exceed the
carrying capacity of the area or would be
detrimental to the natural features or
resources of the area.
E. An application for a conditional use in
an OS&C Zone shall be denied if not in
compliance with the Comprehensive Plan.
F. An application for a conditional use
shall be denied if the proposed use would
force a significant change in, or significantly
increase the cost of accepted farming or forest
practices on agriculture or forest lands.
G. Where the proposed use is adjacent to
forest zoned land, a written statement
recorded with the deed or written contract
with the county or its equivalent shall be
obtained from the land owner which
recognizes the right of adjacent and nearby
land owners to conduct forest operations
048-1213
consistent with the Forest- Practices Act and
Rules for uses authorized in Oregon
Administrative Rules 660-06-025(4)(e), (1),
(r), (s) and (v). (Ord. 94-041 § 1, 1994; Ord.
91-020 § 1, 1991)
Chapter 18.48 2 (11/95)
Chapter 18.52
SURFACE MINING - SM ZONE
sections:
18.52.010
Purpose.
18.52.020
Application of ordinance.
18.52.030
Uses permitted outright.
18.52.040
Uses permitted outright
subject to site plan review.
18.52.050
Conditional uses permitted.
18.52.060
Dimensional standards.
18.52.070
Site plan review.
18.52.080
Site plan application.
18.52.090
Minimum use setbacks.
18.52.100
Procedure upon filing of site
plan.
18.52.110
General operation standards.
18.52.120
Partial approval.
18.52.130
Site reclamation plan.
18.52.140
Conditional use criteria.
18.52.150
Failure to comply.
18.52.160
Preexisting sites,
nonconforming sites and
registration.
18.52.170
Use permits.
18.52.180
Monitoring.
18.52.190
Nuisances.
18.52.200
Termination of the surface
mining zoning and
surrounding surface mining
impact area combining zone.
In an SM Zone, the following regulations
shall apply:
18.52.010 Purpose.
The purposes of the Surface Mining Zone
are:
A. To implement the goals and policies of
the Comprehensive Plan;
B. To allow the development and use of
identified deposits of mineral and aggregate
resources consistent with Statewide Planning
Goal 5;
C. To protect the health and safety of the
public and of residents of property adjoining
Chapter 18.52
0148--1214
surface mines, and the value of uses and
natural resources identified in the
Comprehensive Plan as conflicting with
surface mines, subject to Goal 5;
D. To provide that all land and water
resources affected by surface mining
operations within the county receive the
protection and reclamation necessary for their
intended subsequent use; and
E. To provide for cooperation between
private parties and governmental entities in
order to carry out the purposes of this title,
the Comprehensive Plan and state and federal
regulations. (Ord. 90-014 § 4, 1990)
18.52.020 Application of ordinance.
Except as provided in section 18.52.160, the
setbacks, operation standards and conditions
set forth in sections 18.52.090, 18.52.110 and
18.52.140, respectively, apply to every surface
mining site and activity to the extent that
setbacks, standards and conditions are not
expressly provided for in the site-specific
ESEE analysis within the surface mining
element of the Comprehensive Plan. When
there is a conflict between the site-specific
ESEE analysis and the provisions of this title,
the site-specific ESEE analysis shall control.
(Ord. 90-014 § 4, 1990)
1852.030 Uses permitted outright.
The following uses and their accessory uses
are permitted outright:
A. Farm uses as defined in this title.
B. Forest uses as defined in this title.
C. One temporary or portable residence
when necessary to house a caretaker or a
night watchman.
D. Land Disposal Site as defined in this
title for which the operator possesses a valid
DEQ permit on the effective date of
Ordinance No. 92-066.
E. 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.
F. Class III road or street project.
(Ord. 93-043 § 7,1993; Ord. 92-066 § 2,1992;
(11/95)
Ord. 91-020 § 1, 1991; Ord. 90-014 § 4, 1990;
Ord. 86-059 § 1, 1986)
18.52.040 Uses permitted outright
subject to site plan review.
The following uses are permitted outright
subject to site plan review as provided in this
section:
A. Extraction of minerals.
B. Stockpiling and storage of minerals.
C. Screening, washing and sizing of
minerals.
D. Sale of minerals and mineral products
extracted and produced on the parcel or
contiguous parcels in the same ownership.
E. Buildings, structures, apparatus,
equipment and appurtenances necessary for
the above uses to be carried on. (Ord. 90-014
§ 4, 1990)
18.52.050 Conditional uses permitted.
A. The following uses are permitted subject
to the conditions set forth in chapter 18.128:
1. Public uses consistent with or dependent
upon outright uses allowed in the SM zone.
2. Operations and exploration of
geothermal resources.
3. 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).
4. Construction, expansion and operation
of a Disposal Site as defined in this title, for
which the operator possesses a valid DEQ
permit on the effective date of Ordinance No.
92-066 for a Land Disposal Site.
5. Microwave and radio communication
towers and accessory equipment structures
occupying a ground site of no larger than
4,000 square feet and that are necessary to be
sited in the SM Zone for the public service to
be provided.
B. The following uses are permitted subject
to site plan review and the setbacks, standards
and conditions set forth in section 18.52.090,
18.52.110 and 18.52.140, respectively, and are
not subject to the conditions in chapter
18.128:
0148-1215
1. Expansion or replacement of a
preexisting legal dwelling.
2. Crushing of mineral and aggregate
materials on sites designated for crushing in
the ESEE analysis in the surface mining
element of the Comprehensive Plan.
3. Sale of minerals and mineral products
extracted or produced on parcels other than
the subject parcel or contiguous parcels in the
same ownership.
4. Batching and blending of mineral and
aggregate into asphaltic concrete or Portland
Cement Concrete. (Ord. 95-046 § 2, 1995;
Ord. 92-066 § 3, 1992; Ord. 91-038 § 1, 1991;
Ord. 90-014 § 4, 1990)
1852.060 Dimensional standards.
In the SM Zone, no existing parcel shall be
reduced in size and no additional parcels shall
be created by partition, subdivision or
otherwise. (Ord. 90-014 § 4, 1990)
18.52.070 Site plan review.
Site plan review and final approval of a site
plan shall be required before the
commencement of any use which requires site
plan review under section 18.52.040 and
18.52.050(B), and before any expansion of a
preexisting or nonconforming site under
section 18.52.160. (Ord. 90-014 § 4, 1990)
18.52.080 Site plan application.
The applicant shall submit the following
information for site plan review and approval:
A. An application in a format established
by the county and satisfying all requirements
of Title 22, the Deschutes County [Uniform
Land Use Action] Developmental Procedures
Ordinance.
B. All information required for a site
reclamation plan by DOGAMI.
C. A map or diagram showing that all
minimum use setbacks required in section
18.52.090 are met.
D. A description of how all operation
standards set forth in section 18.52.110 are
met.
E. A description of all potential impacts of
Chapter 18.52 2 (11/95)
the mining activities identified by the ESEE
analysis for the specific site and how those
impacts are addressed. (Ord. 95-075 § 1,
1995; Ord. 90-014 § 4, 1990)
18.52.090 Minimum use setbacks.
A. Except as otherwise provided in this
section, all surface mining activities and uses,
including structures, shall be located and
conducted at least 250 feet from a noise -
sensitive or dust -sensitive use or structure.
Exceptions to this standard shall be allowed
for the following:
1. Access roads approved as part of site
plan review.
2. Dwellings located on the parcel on
which the surface mining is to occur, including
replacements or expansions thereof.
3. Pursuant to a written agreement for a
lesser setback made between the owner of the
noise -sensitive or dust -sensitive use or
structure located within 250 feet of the
proposed surface mining activity and the
owner or operator of the proposed surface
mine. Such agreement shall be notarized and
recorded in the Deschutes County Book of
Records and shall run with the land. Such
agreement shall be submitted and considered
at the time of site plan review or site plan
modification.
B. Storage and processing of mineral and
aggregate material, and storage of operational
equipment which creates noise and dust, shall
not be allowed closer than one-quarter mile
from any noise or dust sensitive use or
structure existing on the effective date of
Ordinance No. 90-014, unless the applicant
demonstrates that:
1. Due to the parcel size, topography,
existing vegetation or location of conflicting
uses or resources, there is no on-site location
for the storage and processing of material or
storage of equipment which will have less
noise or dust impact; and
2. All noise control and air quality
standards of this title can be met by the
proposed use for which the exception is
requested.
©148-1216
C. Additional setbacks may be determined
as part of the site reclamation review process.
Additional setbacks also may be required by
DOGAMI.
D. 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 the[is title]
Deschutes County Code shall be met. (Ord.
94-008 § 20, 1994; Ord. 90-014 § 4, 1990)
18.52.100 Procedure upon filing of
site plan.
A. Each application for site plan review
and approval shall be processed subject to
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance.
B. The Planning Director or Hearings
Body shall review the site plan application and
shall grant or deny site plan approval based on
the proposed site plan's conformance with the
ESEE analysis for the site contained in the
surface mining element of the Comprehensive
Plan and the applicable setbacks, standards
and conditions set forth in sections 18.52.090,
18.52.110 and 18.52.140, respectively. The
Planning Director or Hearings Body may
require the applicant to make such
modifications to the site plan as are necessary
to fulfill the requirements of the site-specific
ESEE analysis and the applicable setbacks,
standards and conditions in this title. The
Planning Director or Hearings Body shall not
deny site plan approval unless the
requirements of the ESEE analysis and
setbacks, standards and conditions of this title
are not or cannot be satisfied by the proposed
site plan.
C. To the extent practicable, the Planning
Director or Hearings Body shall review the
site plan application in conjunction with the
review of the applicant's site reclamation plan
by DOGAMI. (Ord. 90-014 § 4, 1990)
18.52.110 General operation standards.
Prior to the start of any surface mining
activity and no later than site plan review if
Chapter 18.52 3 (11/95)
such review is required under this section, the
applicant shall demonstrate that the following
standards are or can be met by the surface
mining operation:
A. Access.
1. All on-site roads used in the mining
operation, and access roads from the site to a
public road maintained by a government
agency, are designed and constructed to
accommodate the vehicles and equipment
which will use them, and shall meet the
following minimum standards:
a. All access roads within 100 feet of a
paved county road or state highway are paved
unless the applicant demonstrates that other
methods of dust control, including application
of oil or water, will be implemented in a
manner which provides for the safety and
maintenance of the county road or state
highway.
b. Roads within the surface mining parcel
which are used as part of the surface mining
operation are constructed and maintained in
a manner by which all applicable DEQ
standards for vehicular noise control and
ambient air quality are or can be satisfied.
c. All roads used for mining are paved and
will be adequately maintained at all points
within 250 feet of a dwelling or other dust -
sensitive use existing on the effective date of
Ordinance No. 90-014.
2. Improvements or fees in lieu of
improvements of public roads, county roads
and state highways may be required when the
Planning Director or Hearings Body, in
consultation with the appropriate road
authority, determines that the increased traffic
on the roads resulting from the surface mining
activity will damage the road sufficiently to
warrant off-site improvement. If a fee in lieu
of improvements is required, the amount of
the fee shall reflect the applicant's prorate
share of the actual total cost of the capital
expenditure of the road construction or
reconstruction project necessitated by and
benefiting the surface mining operation.
Discounts for taxes and fees already paid for
such improvements, such as road taxes for
Chapter 18.52
0148-121"1"
vehicles and for property already dedicated or
improved, shall be applied.
B. Screening.
1. The site is screened to meet the
standards specified in paragraph (2) below,
unless one of the exceptions in paragraph (6)
below applies.
2. Performance Standard. When screening
is required by paragraph (1), it obscures the
view of the screened uses from the protected
uses with the methods and to the extent
described in paragraph (5) below.
3. Protected Uses.
a. Noise -sensitive or dust -sensitive uses
existing on the effective date of Ordinance
No. 90-014.
b. Public parks and waysides.
c. Frontage on roads designated by the
Comprehensive Plan as collectors, arterials
and highways.
d. Areas zoned Landscape Management
Combining.
e. Those portions of state and federal
scenic waterways from which the surface
mining activity is visible from the perspective
of a person standing at the high water mark
on either bank of the waterway.
4. Screened Uses.
a. All equipment stored on the site.
b. All crushing and processing equipment.
c. All excavated areas except: Areas
where reclamation is occurring; roadways
existing on the effective date of Ordinance
No. 90-014; new roadways approved as part of
the site plan; material excavated to create
berms; and material excavated to change the
level of the mining site to an elevation which
provides natural screening.
5. Types of Screening.
a. Natural Screening. Existing vegetation
or other landscape features which are located
on the surface mining site within 50 feet of
the boundary of the site, and which obscure
the view of the screened uses from the
protected uses, shall be preserved and
maintained.
b. Supplied Screening. Suppliedvegetative
screening is screening not already existing and
4 (11/95)
which is added to the site, such as hardy plant
species. Plantings shall not be required to
exceed either a density of six feet on center or
a height of six feet at the commencement of
mining. Supplied earthen screening shall
consist of berms covered with earth and
stabilized with ground cover.
6. Exceptions. Supplied screening shall
not be required when and to the extent that
any of the following circumstances occurs:
a. The natural topography of the site
offers sufficient screening to meet the
performance standard in paragraph (2).
b. Supplied screening cannot meet the
performance standard in paragraph (2) due to
topography.
c. The applicant demonstrates that
supplied screening cannot reliably be
established or cannot survive for a 10 year
period due to soil, water or climatic
conditions.
d. Screened uses that are visible from the
protected uses will be concluded and will
either be removed or reclaimed within 18
months.
e. The surface miner and the owner or
authorized representative of the owner of the
protected use execute and record in the
Deschutes County Book of Records a
mitigation agreement that waives screening
requirements and describes and adopts an
alternate program or technique.
7. Continued Maintenance. Vegetative
screening shall be maintained and replaced as
necessary to assure the required screening
throughout the duration of the mining activity.
C. Air Quality. The discharge of
contaminants and dust created by the mining
operation and accessory uses to mining does
not exceed any applicable DEQ ambient air
quality and emissions standards.
D. Erosion Control. Sedimentation and
erosion resulting from the mining operation
does not affect any perennial stream so as to
violate DEQ's water quality standards.
E. Streams and Drainage. Unless agreed
to, in writing, by the adjoining property
owner(s), existing natural drainages on the site
0148-1218
are not changed in a manner which
substantially interferes with drainage patterns
on adjoining property or which drains waste
materials or waste water onto adjoining
property or perennial streams. Where the
surface mining site abuts a lake, perennial
stream or other perennial body of water, all
existing vegetation within 100 feet of the mean
high water mark shall be retained unless
mining activity is allowed within this area by
the site-specific ESEE analysis in the surface
mining element of the Comprehensive Plan.
F. Equipment Removal. All surface
mining equipment and related structures will
be removed from a mining site within 30 days
of completion of all mining and reclamation.
G. Flood Plain. Any mining operations
conducted in a flood plain, as defined in this
title, will satisfy all applicable conditional use
criteria of sections 18.96.030 through
18.96.060.
H. Noise. Noise created by a mining
operation, vehicles, equipment or accessory
uses which is audible off the site does not
exceed DEQ noise control standards, due to
topography or other natural features, or by
use of methods to control and minimize off-
site noise, including, but not limited to:
Installation of earth berms; placing equipment
below ground level; limiting hours of
operation; using a size or type of vehicle or
equipment which has been demonstrated to
meet applicable DEQ noise control standards;
relocation of access roads, and other measures
customarily used in the surface mining
industry to meet DEQ noise standards.
I. Hours of Operation.
1. Mineral and aggregate extraction,
processing and equipment operation is limited
to the following operating hours:
a. Surface mining sites located within one-
half mile of any noise -sensitive or dust -
sensitive use or structure existing on the
effective date of Ordinance No. 90-014: 7:00
a.m. to 6:00 p.m. - Monday through Friday
and 8:00 a.m. to 5:00 p.m. - Saturday.
b. All other sites: 7:00 a.m. to 10:00 p.m. -
Monday through Saturday.
Chapter 18.52 5 (11/95)
2. No surface mining activity shall be
conducted on Sundays or the following legal
holidays: New Year's Day, Memorial Day,
July 4th, Labor Day, Thanksgiving Day,
Christmas Day.
J. Drilling and Blasting.
1. Drilling and blasting are allowed under
the site-specific ESEE analysis in the surface
mining element of the Comprehensive Plan.
2. Drilling and blasting which are to be
conducted within one-half mile of any noise -
sensitive or dust -sensitive use or structure or
agricultural use involving the raising of
animals meet or can meet the following
standards:
a. DEQ noise standards for drilling and
blasting.
b. A plan addressing the potential for
earth movement, flying rocks and other effects
on surrounding uses has been submitted to
and approved by the county.
c. Blasting will be restricted to the hours
of 9:00 a.m. to 5:00 p.m., Monday through
Friday, and no blasting will occur on
Saturdays, Sundays or legal holidays identified
in paragraph (I)(2) above.
d. A plan has been submitted to and
approved by the county describing how the
operator will notify the owners and inhabitants
of the protected uses identified in paragraph
(J)(2), above, which are located within one-
half mile of the blasting site of proposed
blasting by written notice:
i. Delivered in a manner calculated to be
received by each person entitled to notice at
least 48 hours prior to the time the blasting
activity will occur;
ii. Containing a statement providing that
the recipient property owner must provide the
notice to tenants and inhabitants on the
subject property;
iii. In the case of ongoing blasting, given at
least once each month and specifying the days
and hours that blasting will occur; and
iv. Retained by the operator, along with a
list of persons notified, for at least one year
after blasting occurs.
K. Extraction Site Size. The size of the
Chapter 18.52
0148-1219
area in which extraction is taking place as part
of a surface mine does not exceed five acres.
For the purpose of this title, the extraction
site size does not include access roads,
equipment storage areas, processing
equipment sites, stockpiles, areas where
reclamation is in progress and similar
accessory uses which are necessary to the
mining operation. An exception to this
standard may be allowed as part of site plan
review if the applicant demonstrates that
mining techniques normally associated with
the specific type of mining in question and
commonly used in the surface mining industry
require a larger extraction site size.
L. Fish and Wildlife Protection.
1. Fish and wildlife values and habitat
required by the site-specific ESEE analysis to
be conserved and protected are conserved and
protected by use of methods including, but not
limited to: Seasonal operations and access
road closures; retention of or creation of
vegetative cover and riparian habitat; and
erection of fencing or other barriers to protect
wildlife from steep extraction site slopes.
2. Mitigation, as defined in this title, will
be provided to compensate for any loss of fish
and wildlife habitat caused by the surface
mining activity which habitat is required to be
protected by the site-specific ESEE analysis.
When mitigation is provided, the type and
effectiveness of mitigation required has been
determined by the Planning Director or
Hearings Body to be appropriate from
available evidence and in consultation with the
Oregon Department of Fish and Wildlife.
M. Surface water management is provided
in a manner which meets all applicable DEQ
water quality standards and DOGAMI
requirements, and which demonstrates that all
water necessary for the proposed operation of
the surface mine, including dust control,
landscaping and processing of material, has
been appropriated to the surface mining site
and is legally available for such use. The
applicant must provide written documentation
of any water rights from the respective water
district and Oregon Watermaster's office prior
6 (11/95)
to any mining of the site.
N. Storage of equipment, structures and
other materials at the site is limited to that
which is necessary and appurtenant to the
mining operation or other uses permitted on
the site.
O. A security plan for the subject site has
been submitted and approved by the county
and, where appropriate, by DOGAMI which
addresses the following issues:
1. lighting;
2. fencing;
3. gates at access points;
4. water impoundments;
5. sloping; and
6. security of vehicles and equipment.
P. All impacts of the mining activities
identified in the ESEE analysis for the specific
site are addressed and have been resolved at
the time of site plan approval or before the
start of mining activity. (Ord. 95-075 § 1,
1995; Ord. 93-043 § 7A, 7B and 7C, 1993;
Ord. 91-002 § 1, 1991; Ord. 90-014 § 4, 1990)
18.52.120 Partial approval.
A portion of a parcel may be approved for
surface mining, stockpiles or processing
without site plan review of the entire parcel.
Partial approval shall be granted if the
applicant demonstrates that the following
criteria are or can be met:
A. The portion of the parcel receiving
approval can be mined and reclaimed
separately from the remainder of the site; and
B. The plan for the portion of the site
satisfies all requirements for site plan review;
and
C. All surface mining site plan and
reclamation requirements of the county and
DOGAMI for the approved portion of the site
are completed prior to the start of mining on
the remainder of the property. Initial seeding
in conformance with a reclamation plan shall
be deemed adequate to fulfill the completion
portion of this subsection. (Ord. 90-014 § 4,
1990)
0148-12040
1852.130 Site reclamation plan.
Prior to the start of mining activity, a site
reclamation plan shall be submitted and
approved which demonstrates that the mineral
and aggregate extraction site can be reclaimed
for a subsequent beneficial land use consistent
with the designation of such subsequent use in
the surface mining element of the
Comprehensive Plan.
A. When a site reclamation plan is
required by DOGAMI, the site reclamation
plan shall be approved by DOGAMI. To the
extent practicable, review of the site
reclamation plan shall be conducted jointly
between DOGAMI and the county.
B. When a site reclamation plan is not
required by DOGAMI, the site reclamation
plan shall be approved by the county in
conjunction with the site plan review described
in section 18.52.070. The county shall review
such site reclamation plans for consistency
with the site-specific ESEE analysis in the
surface mining element of the Comprehensive
Plan and the standards and conditions set
forth in sections 18.52.110 and 18.52.140. The
county also shall follow the applicable
DOGAMI standards and criteria for a site
reclamation plan. (Ord. 90-014 § 4, 1990)
18.52.140 Conditional use criteria.
The criteria set forth in this section shall be
the only conditional use criteria applicable to
the surface mining activities described below.
Compliance with these criteria shall be
demonstrated at the time of site plan review.
A. Crushing. When a site has been
designated for crushing of mineral and
aggregate materials under the site-specific
ESEE analysis in the surface mining element
of the Comprehensive Plan, the following
conditions apply:
1. If a crusher is to be located less than
one-half mile from a noise -sensitive use or
structure existing on the effective date of
Ordinance No. 90-014, the applicant shall
demonstrate through a noise report from a
qualified, registered sound engineer or
similarly qualified professional, that the
Chapter 18.52 7 (11/95)
crusher can meet all applicable DEQ
industrial and commercial noise control
standards as designed and located, or by
methods including, but not limited to:
Modification or muffling of the crusher;
placement of the crusher below grade or
behind berms.
2. If a crusher is to remain on the site for
longer than 60 days in any 18 -month period,
the applicant shall demonstrate that it will be
screened in accordance with section
18.52.110(B).
B. Expansion or Replacement of
Preexisting Dwelling. The following
conditions apply:
1. The expansion or replacement does not
reduce the amount of mineral and aggregate
resource available on the subject site.
2. The replaced dwelling or expansion is
located and designed to minimize the impacts
of the surface mining operation on the
inhabitants of the dwelling.
C. Sale of Products Extracted or Produced
on Parcels Other Than the Subject Parcel.
The following conditions shall apply:
1. The portion of the site where the
products will be stored and sold is at least
one-half mile from a noise or dust -sensitive
use or structure existing on the effective date
of Ordinance No. 90-014.
2. The access from the point where the
products are stored and sold to a public road
is not within one-half mile of any noise or
dust -sensitive use or structure existing on the
effective date of Ordinance No. 90-014.
D. Processing of Aggregate Into Asphaltic
Concrete or Portland Cement Concrete. The
following conditions shall apply:
1. If the processing operation meets or can
meet all applicable DEQ ambient air quality
standards and emission standards for asphalt,
asphaltic concrete or portland cement plants.
2. If the processing operation is located
less than one-half mile from a noise -sensitive
use or structure existing on the effective date
of Ordinance No. 90-014, the applicant shall
demonstrate through a noise report from a
qualified, registered sound engineer or
0148-12
similarly qualified pro essiona , t a the
processing operation can meet all applicable
DEQ noise control standards for industry and
commerce as designed and located, or by use
of methods including, but not limited to:
Modification or muffling of equipment;
location of the processing operation below
grade or behind berms.
3. The point where the vehicles
transporting asphalt, Portland Cement and the
raw materials for such products access a
public road is not within one-half mile of any
noise -sensitive or dust -sensitive use or
structure existing on the effective date of
Ordinance No. 90-014.
4. Processing operations temporarily
located in conjunction with a specific street,
road or highway project will be removed from
the site within 30 days of the completion of
the project. (NOTE: Batch plants are
allowed in industrial zones and may be sited
as part of a limited use combining zone in
conformance with all plan amendment and
zone change requirements of the
Comprehensive Plan and zoning ordinance.)
(Ord. 91-002 § 2,1991; Ord. 90-014 § 4,1990)
18.52.150 Failure to comply.
If the Planning Director or designee
determines that surface mining activity which
has received site plan approval is not being
conducted in compliance with the setbacks,
standards or conditions set forth in sections
18.52.090, 18.52.110 and 18.52.140,
respectively, or the site plan, the Planning
Director or designee may institute
enforcement proceedings to require such
compliance. Enforcement may include citing
for an infraction, injunction proceedings, and
any other measures permitted under chapter
18.144. (Ord. 90-014 § 4, 1990)
18.52.160 Preexisting sites,
nonconforming sites
and registration.
A. Except for preexisting and
nonconforming sites, this title shall apply to all
surface mining activities which occur on or
Chapter 18.52 8 (11/95)
after the effective date of Ordinance No. 90-
014.
B. Preexisting Sites. Mineral and aggregate
sites which have a valid DOGAMI permit or
exemption and/or county permit on the
effective date of Ordinance No. 90-014, and
which are zoned SM, are "preexisting sites."
C. Nonconforming Sites. Mineral and
aggregate sites which have a valid DOGAMI
permit or exemption and/or county permit on
the effective date of Ordinance No. 90-014,
and which are not zoned SM, are
"nonconforming sites."
D. Registration. Operators of all
preexisting and nonconforming sites shall
register the sites with the Planning Division
within 180 days of the effective date of
Ordinance No. 90-014. The registration shall
include a copy of the operator's permit or
exemption and a map or legal description
showing the boundaries of the surface mining
area covered by the permit or exemption.
E. Expansion.
1. Any expansion of the surface mining
activity on a preexisting site beyond the
boundaries of the surface mining area covered
by the DOGAMI permit or exemption or
county permit, or any surface mining activity
requiring a new DOGAMI or county permit,
shall comply with all applicable requirements
of this title.
2. Any expansion of the surface mining
activity on a nonconforming site beyond the
boundaries of the surface mining area covered
by the DOGAMI permit or exemption or
county permit, or any surface mining activity
requiring a new DOGAMI or county permit,
shall comply with the provisions of section
18.120.010. (Ord. 90-014 § 4, 1990)
18.52.170 Use permits.
Following site plan approval and prior to
starting any surface mining activities on the
site, the Planning Director or designee shall
physically review the site for conformance with
the site plan. When it is determined by the
Planning Director or designee that all
elements of the approved site plan required
0148--1222
for mining have been completed and the
reclamation plan has received final approval,
the Planning Director or designee shall issue
a use permit. No mining activity shall start
prior to the issuance of such use permit.
(Ord. 93-043 § 7D, 1993; Ord. 90-014 § 4,
1990)
18.52.180 Monitoring.
The Planning Director or designee shall
periodically visit the surface mining site to
monitor the surface mining operation. If the
Planning Director or designee determines that
the operation is not in compliance with the
approved site plan and all setbacks, standards
and conditions set forth in sections 18.52.090,
18.52.110 and 18.52.140, a citation for an
infraction shall be issued. (Ord. 90-014 § 4,
1990)
18.52.190 Nuisances.
Violations of the surface mining site plan, or
the setbacks, standards and conditions set
forth in sections 18.52.090, 18.52.110 and
18.52.140, respectively, are hereby declared
nuisances, and abatement action may be taken
as specified in chapter 18.144. (Ord. 90-014 §
4, 1990)
18.52.200 Termination of the surface
mining zoning and
surrounding surface mining
impact area combining
zone.
A. When a surface mining site has been
fully or partially mined, and the operator
demonstrates that a significant resource no
longer exists on the site, and that the site has
been reclaimed in accordance with the
reclamation plan approved by DOGAMI or
the reclamation provisions of this title, the
property shall be rezoned to the subsequent
use zone identified in the surface mining
element of the Comprehensive Plan.
B. Concurrent with such rezoning, any
surface mining impact area combining zone
which surrounds the rezoned surface mining
site shall be removed. Rezoning shall be
Chapter 18.52 9 (11/95)
0148~1223
subject to chapter 18.136 and all other
applicable sections of this title, the
Comprehensive Plan and Deschutes County
Code Title 22, the Uniform Development
Procedures Ordinance. (Ord. 90-014 § 4,
1990; Ord. 86-059 § 1,1986; Ord. 86-018 § 11,
1986; Ord. 85-053 § 11, 1986; Ord. 85-002 §
7, 1985; Ord. 83-037 § 14, 1983)
(Zoning Maps amended by Ord. 93-028 § 1,
1993; Ord. 93-026 § 1, 1993; Ord. 93-022 § 1,
1993)
Chapter 18.52 10 (11/95)
Chapter 18.56
SURFACE MINING IMPACT AREA
COMBINING - SMIA ZONE
Sections:
Use limitations.
18.56.010
Purpose.
18.56.020
Location.
18.56.030
Application of provisions.
18.56.040
Uses permitted outright.
18.56.050
Conditional uses permitted.
18.56.060
Dimensional standards.
18.56.070
Setbacks.
18.56.080
Use limitations.
18.56.090
Specific use standards.
18.56.100
Site plan review and
approval criteria.
18.56.110
Abbreviated SMIA site
plan review.
18.56.120
Waiver of remonstrance.
18.56.130
Development agreement and
performance bond.
18.56.140
Exemptions.
18.56.010 Purpose.
The purpose of the SMIA zone is to protect
the surface mining resources of Deschutes
County from new development which conflicts
with the removal and processing of a mineral
and aggregate resource while allowing owners
of property near a surface mining site
reasonable use of their property. (Ord. 90-014
§ 5, 1990)
18.56.020 Location.
The SMIA zone shall apply to all property
located within one-half mile of the boundary
of a surface mining zone. However, the
SMIA zone shall not apply to any property
located within an urban growth boundary, city
or other county. The extent and location of
the SMIA Zone shall be designated at the
time the adjacent surface mining zone is
designated. (Ord. 90-014 § 5, 1990)
18.56.030 Application of provisions.
The standards set forth in this chapter shall
Chapter 18.56
0148-124"A
apply in addition to those specified in this title
for the underlying zone. If a conflict in
regulations or standards occurs, the provisions
of this chapter shall govern. (Ord. 90-014 § 5,
1990)
18.56.040 Uses permitted outright.
Uses permitted outright shall be those
identified in the underlying zone(s) with which
the SMIA Zone is combined. (Ord. 90-014 §
5, 1990)
18.56.050 Conditional uses permitted.
Uses permitted conditionally shall be those
identified as conditional uses in the underlying
zone(s) with which the SMIA Zone is
combined and shall be subject to all
conditions of the underlying zone(s) as well as
the conditions of the SMIA Zone. (Ord. 90-
014 § 5, 1990)
18.56.060 Dimensional standards.
In the SMIA Zone, the lot size shall be that
prescribed in the underlying zone. (Ord. 90-
014 § 5, 1990)
18.56.070 Setbacks.
The setbacks shall be the same as those
prescribed in the underlying zone, except as
follows:
A. No noise -sensitive or dust -sensitive use
or structure established or constructed after
the designation of the SMIA Zone shall be
located within 250 feet of any surface mining
zone, except as provided in section 18.56.140;
and
B. No noise -sensitive or dust -sensitive use
or structure established or constructed after
the designation of the SMIA Zone shall be
located within one-quarter mile of any existing
or proposed surface mining processing or
storage site, unless the applicant demonstrates
that the proposed use will not prevent the
adjacent surface mining operation from
meeting the setbacks, standards and conditions
set forth in sections 18.52.090, 18.52.110 and
18.52.140, respectively.
C. Additional setbacks in the SMIA Zone
(11/95)
may be required as part of the site plan review
under section 18.56.100, below.
D. An exception to the 250 -foot setback in
paragraph (A), above, shall be allowed
pursuant to a written agreement for a lesser
setback made between the owner of the
noise -sensitive or dust -sensitive use or
structure located within 250 feet of the
proposed surface mining activity and the
owner or operator of the proposed surface
mine. Such agreement shall be notarized and
recorded in the Deschutes County Book of
Records and shall run with the land. Such
agreement shall be submitted and considered
at the time of site plan review or site plan
modification. (Ord. 90-035 §§ land 2, 1990;
Ord. 90-014 § 5, 1990)
18.56.080 Use limitations.
No dwellings or additions to dwellings or
other noise -sensitive or dust -sensitive uses or
structures shall be erected in any SM1A Zone
without first obtaining site plan approval
under the standards and criteria set forth in
sections 18.56.090 through 18.56.120, below.
(Ord. 90-014 § 5, 1990)
18.56.090 Specific use standards.
The following standards shall apply in the
SMIA Zone:
A. New dwellings, new noise -sensitive and
dust -sensitive uses or structures, and additions
to dwellings or noise and dust -sensitive uses or
structures in existence on the effective date of
Ordinance No. 90-014 which exceed 10
percent of the size of the existing dwelling or
use, shall be subject to the criteria established
in section 18.56.100, below. (Ord. 90-014 § 5,
1990)
18.56.100 Site plan review and
approval criteria.
A. Elements of Site Plan. A site plan shall
be submitted in a form prescribed by the
Planning Director or Hearings Body detailing
the location of the proposed noise -sensitive
use, the location of the nearby surface mine
zone and operation, if any, and other
0148-122
information necessary to evaluate the approval
criteria contained in this section.
B. Site plan review and approval, pursuant
to the County Uniform Land Use Action
Procedures Ordinance, shall be required for
all uses in the SMIA Zone prior to the
commencement of any construction or use.
C. The Planning Director or Hearings
Body may grant or deny site plan approval
and may require such modifications to the site
plan as are determined to be necessary to
meet the setbacks, standards and conditions
described above.
D. The site plan shall be approved if the
Planning Director or Hearings Body finds that
the site plan is consistent with the site-specific
ESEE analysis in the surface mining element
of the Comprehensive Plan and that the
proposed use will not prevent the adjacent
surface mining operation from meeting the
setbacks, standards and conditions set forth in
sections 18.52.090, 18.52.110 and 18.52.140,
respectively.
E. Public notice shall be as set forth in
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance, except
that in all cases notice of the receipt of an
SMIA application shall be sent to the mine
owners and/or operators whose SM -Zoned site
triggered the SMIA review. (Ord. 91-020 § 1,
1991; Ord. 90-035 § 3, 1990; Ord. 90-014 § 5,
1990)
18.56.110 Abbreviated SMIA site plan
review.
A. A new or enlarged noise- or
dust -sensitive use to which this section applies
that is at least one-quarter mile from an SM
Zone and that has at least two dwellings or
other noise- or dust -sensitive uses between it
and the SM zone is presumed to meet the
approval criteria set forth in section
18.56.100(D), above, and shall be processed
under this subsection.
B. Abbreviated SX11Asite plan review shall
require the submission of an application in a
form prescribed by the Planning Director or
Hearings Body and such documentation as is
Chapter 18.56 2 (11/95)
necessary to demonstrate conformance with
paragraph (A), above.
C. Unless the underlying zoning at the
SM1A site would require additional review of
the proposed use for some other land use
permit, abbreviated site plan review shall be
conducted (1) administratively without prior
public notice; (2) with public notice of the
Findings and Decision mailed consistent with
section 18.56.100(E), above, to all persons
entitled to receive notice; and (3) with an
appeal period and procedures as set forth in
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance.
Appellants may submit evidence to overcome
the presumption set forth in section
18.56.110(A) above. (Ord. 91-020 § 1, 1991;
Ord. 90-035 § 4, 1990; Ord. 90-014 § 5, 1990)
18.56.120 Waiver of remonstrance.
The applicant for site plan approval in the
SMIA Zone shall sign and record in the
Deschutes County Book of Records a
statement declaring that the applicant and his
successors will not now or in the future
complain about the allowed surface mining
activities on the adjacent surface mining site.
(Ord. 90-014 § 5, 1990)
18.56.130 Development agreement and
performance bond.
As a condition of site plan approval, the
applicant may be required to execute a
development agreement with the county and
performance bond or other form of security
approved by the county to ensure full and
faithful performance of any improvements
required to meet the setbacks, standards and
conditions set forth above. Any bond shall be
for 110 percent of the dollar amount of the
improvement costs. (Ord. 90-014 § 5, 1990)
18.56.140 Exemptions.
The following shall be exempt from this
section:
A. Uses in the SMIA Zone which are not
within one-half mile of any identified resource
in the SM Zone after all reclamation has
Chapter 18.56
0148-1226
occurred.
B. Continuation and maintenance of a
conforming or nonconforming use established
prior to the effective date of Ordinance No.
90-014.
C. The employment of land for farm or
forest use.
D. Additions to a dwelling existing on the
effective date of Ordinance No. 90-014 which
are completely screened from the surface
mining site by the existing dwelling. (Ord. 90-
014 § 5, 1990; Ord. 86-053 § 12, 1986; Ord.
86-018 § 12,1986; Ord. 85-002 § 8, 1985; Ord.
83-037 § 15, 1983)
3 (11/95)
Chapter 18.60
RURAL RESIDENTIAL - RR -10 ZONE
Sections:
18.60.010
Purposes.
18.60.020
Uses permitted outright.
18.60.030
Conditional uses permitted.
18.60.035
Destination resorts.
18.60.040
Yard and setback
requirements.
18.60.050
Stream setback.
18.60.060
Dimensional standards.
18.60.070
Limitations on conditional
uses.
18.60.080
Rimrock setback.
In an RR -10 Zone, the following regulations
shall apply:
18.60.010 Purposes.
The purposes of the Rural Residential Zone
are to provide rural residential living
environments; to provide standards for rural
land use and development consistent with
desired rural character and the capability of
the land and natural resources; to manage the
extension of public services; to provide for
public review of nonresidential uses; and to
balance the public's interest in the
management of community growth with the
protection of individual property rights
through review procedures and standards.
(Ord. 91-020 § 1, 1995)
18.60.020 Uses permitted outright.
The following uses and their accessory uses
are permitted outright.
A. A single-family dwelling, or a
manufactured home subject to section
18.116.070.
B. Utility facilities necessary to serve the
area including energy facilities, water supply
and treatment and sewage disposal and
treatment.
C. Community center, if shown and
approved on the original plan or plat of the
Chapter 18.60
0148-122--j,
development.
D. Agricultural use as defined in this title.
E. 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.
F. Class III road or street project.
G. Noncommercial horse stables as defined
in this title, excluding horse events.
H. Horse events, including associated
structures, involving:
1. Fewer than 10 riders;
2. 10 to 25 riders, no more than two
times per month on nonconsecutive days;
or
3. More than 25 riders, no more than
two times per year on nonconsecutive
days.
Incidental 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 § 12, 1994; Ord. 93-043
§ 8, 1993; Ord. 91-020 § 1, 1991; Ord. 91-005
§§ 30 & 31, 1991)
18.60.030 Conditional uses permitted.
The following uses may be allowed subject
to chapter 18.128 of this title:
A. Public park, school, playground,
recreation facility or community center owned
and operated by a government agency or
nonprofit community organization.
B. Dude ranch.
C. Home occupation.
D. Personal use landing strip for airplanes
and helicopter pads, including associated
hangar, maintenance and service facilities. A
personal use landing strip 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. 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
(11/95)
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.
E. Planned development.
F. Cluster development.
G. Recreation -oriented facility requiring
large acreage such as off-road vehicle track or
race track, but not including a rodeo grounds.
H. Landfill when a written tentative
approval by Department of Environmental
Quality (DEQ) of the site is submitted with
the application.
I. Cemetery.
J. Time-share unit or the creation thereof.
K. Hydroelectric facility, subject to sections
18.116.130 and 18.128.0400.
L. Bed and breakfast inn.
M. Golf course.
N. 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).
O. Church.
P. Public Uses.
Q. Semipublic Uses.
R. Commercial horse stables.
(Ord. 94-008 § 13, 1994; Ord. 93-043 §§ 8A
and 8B, 1993; Ord. 92-004 § 10, 1992; Ord.
91-038 § 1, 1991; Ord. 91-020 § 1, 1991; Ord.
91-005 § 32, 1991; Ord. 90-014 § 22, 1990;
Ord. 86-018 § 13,1986; Ord. 83-033 § 5, 1983)
18.60.035 Destination resorts.
Destination resorts may be allowed as a
conditional use, subject to all applicable
standards of the DR Zone. (Ord. 92-004 §
11, 1992)
18.60.040 Yard and setback
requirements.
In an RR -10 Zone, the following yard and
setbacks shall be maintained.
A. The front setback shall be a minimum
of 20 feet from a property line fronting on a
local street right of way, 30 feet from a
property line fronting on a collector right of
0148-1228
way and 50 feet from an arterial right of way.
B. There shall be a minimum side yard of
10 feet for all uses, except on the street side
of a corner lot the side yard 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.
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 the[is title]
Deschutes County Code shall be met. (Ord.
95-075 § 1,1995; Ord. 94-008 § 21,1994; Ord.
91-020 § 1, 1991; Ord. 83-037 § 16, 1983)
18.60.050 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 streams and lakes,
the following setback shall apply:
A. All sewage disposal installations, such as
septic tanks or 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 practical
difficulties preclude the location of the
facilities at a distance of 100 feet and the
County Sanitarian finds that a closer location
will not endanger 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 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)
18.60.060 Dimensional standards.
In an RR -10 Zone, the following
dimensional standards shall apply:
A. Lot Coverage. The main building and
accessory buildings located on any building
Chapter 18.60 2 (11/95)
site or lot shall not cover in excess of 30
percent of the total lot area.
B. Building Height. No nonagricultural
building or structure shall be erected or
enlarged to exceed two stories or more than
30 feet in height.
C. Minimum lot size shall be 10 acres,
except planned and cluster developments shall
be allowed an equivalent density of one unit
per 7.5 acres. 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. For parcels separated by
new arterial rights of way, an exemption shall
be granted pursuant to section 18.120.020.
(Ord. 93-034 § 1, 1993)
18.60.070 Limitations on conditional
uses.
The following limitations shall apply to uses
allowed by section 18.60.020:
A. The Planning Director or Hearings
Body may require establishment and
maintenance of fire breaks, the use of fire
resistant materials in construction and
landscaping, or may attach other similar
conditions or limitations that will serve to
reduce fire hazards or prevent the spread of
fire to surrounding areas.
B. The Planning Director or Hearings
Body may limit changes in the natural grade
of land, or the alteration, removal or
destruction of natural vegetation in order to
prevent or minimize erosion or pollution.
(Ord. 91-020 § 1, 1991)
18.60.080 Rimrock setback.
Setbacks from rimrock shall be as provided
in section 18.116.160. (Ord. 86-053 § 13,
1986)
Chapter 18.60
3
V_L 48--122
(11/95)
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
(Site Plan Review repealed by
Ord. 93-043 § 9B, 1993)
18.64.110
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. (Ord. 91-020
§ 1, 1991)
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.
C. Retail store, office or service
establishment.
D. Automobile service station.
E. Agriculturally oriented commercial use.
F. Park, playground or community
building.
0148-1230
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; Ord. 91-038 § 1, 1991; Ord.
91-020 § 1, 1991; Ord. 91-005 § 33, 1991)
18.64.030 Conditional uses permitted.
The following uses may be allowed subject
to chapter 18.128 of this title:
A. Commercial residential use.
B. Multi -family dwelling.
C. Tourist or travelers accommodations.
D. Manufactured home park and travel
trailer park.
E. Kennel or 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.
N. Shopping complex subject to a master
plan and consistent with the specific use
standards establishedby section 18.128.040(7).
O. Mini -storage facility.
P. Church, school or cemetery.
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).
R. Public Use.
S. Semipublic Use.
(Ord. 94-053 § 3, 1994; Ord. 93-043 § 9A,
1993; Ord. 91-038 § 1,1991; Ord. 91-005 § 34,
1991; Ord. 84-023 § 3, 1984; Ord. 83-033 § 6,
1983)
18.64.040 Limitations on uses.
The following limitations shall apply to uses
Chapter 18.64 1 (11/95)
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
limited to the square footage of the lot
divided by 20,000 square feet, which is the
minimum area per animal.
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 minimum
of 100 feet away from a residential dwelling
on an adjacent lot. (Ord. 91-020 § 1, 1991)
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 square feet.
B. The minimum average width of lots
served by either an approved community,
municipal or public water system or an
approved community or public sewage system,
but not served by both, shall not be less than
100 feet with a minimum area of 15,000
square feet.
C. The minimum average width of 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 square feet be approved.
The Hearings Body shall make all of the
following findings:
1. The lot can meet DEQ on-site sewage
disposal rules then in effect;
2. The approval of a smaller lot would not
significantly increase nitrate levels in the
ground water; and
3. The lot shall have a supply of potable
water that would not be affected by the
installation of an on-site sewage system. (Ord.
0148-1231
86-005 § 1, 1986; Ord. 85-045 § 1, 1985)
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 30
percent of the total lot area.
B. Building Height. No building or
structure shall be erected or enlarged to
exceed two stories or more than 25 feet in
height, except split-level building, which may
be increased in height to 30 feet. (Ord. 91-020
§ 1, 1991)
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 practical
difficulties preclude the location of the
facilities at a distance of 100 feet and the
County Sanitarian finds that a closer location
will not endanger 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 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)
18.64.080 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.
Chapter 18.64 2 (11/95)
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.
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 the[is title]
Deschutes County Code shall be met. (Ord.
95-075 § 1,1995; Ord. 94-008 § 22,1994; Ord.
91-020 § 1, 1991)
18.64.090 Off-street parking and loading.
Off-street parking and loading shall be
provided subject to the provisions of chapter
18.116. (Ord. 91-020 § 1, 1991; Ord. 86-032 §
1, 1986; Ord. 83-037 § 17, 1983)
(18.64.100, Site Plan Review, repealed by Ord.
93-043 § 9B, 1993)
18.64.110 Rimrock setback.
Setbacks from rimrock shall be as provided
in section 18.116.160. (Ord. 86-053 § 14,
1986)
Chapter 18.64
3
0146-1232
(11/95)
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
encourage 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. (Ord. 91-020
§ 1, 1991)
18.68.020 Uses permitted outright.
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
18.68.040, 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.
D. Park, playground or community
building.
E. Utility facility.
Chapter 18.68
F. Church, public school, cemetery.
G. 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.
H. Class III road or street project.
(Ord. 93-043 § 10, 1993; Ord. 91-020 § 1,
1991; Ord. 91-005 § 35, 1991)
18.68.030 Conditional uses permitted.
The following uses may be allowed subject
to chapter 18.128 of this title:
A. Two-family dwelling.
B. Private schools.
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.
J. Bed and breakfast inn.
K. Multi -family housing where community
or municipal sewer is available.
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).
M. Mobile home park subject to the density
of the underlying zone.
N. Public Use.
(Ord. 94-053 § 4, 1994; Ord. 93-043 § 10A,
1993; Ord. 91-038 § 1, 1991; Ord. 91-005 § 36,
1991; Ord. 83-033 § 7, 1983)
18.68.040 Limitations on uses.
The following limitations shall apply to uses
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
square feet. 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.
B. The number of chickens, fowl or rabbits
over the age of six months shall not exceed
one for each 500 square feet of property.
(11/95)
C. All livestock shall be located a minimum
of 100 feet away from a residential building on
an adjacent lot. (Ord. 91-020 § 1, 1991)
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 square feet.
B. The minimum average width of lots
served by either an approved community,
municipal or public water system or an
approved community or public 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. (Ord. 91-020 § 1, 1991)
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 30 percent of the
total lot area.
B. Building Height. No building or
structure shall be erected or enlarged to
exceed two stories or more than 25 feet in
height, except split-level buildings, which may
be increased in height to 30 feet.
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
amenities 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,
0148-1234
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
Sanitarian 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 similar
permanent fixtures shall be set back from the
high water line or [make] mark along all
streams or lakes a minimum of 100 feet
measured at right angles to the ordinary high
water mark. (Ord. 95-075 § 1, 1995; 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.
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 the[is title]
Deschutes County Code shall be met. (Ord.
95-075 § 1,1995; Ord. 94-008 § 23,1994; Ord.
83-037 § 18, 1983)
18.68.090 Off-street parking and loading.
Off-street parking and loading shall be
provided subject to the provisions of chapter
18.116. (Ord. 91-020 § 1, 1991)
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 2 (11/95)
Chapter 18.72
RURAL SERVICE RESIDENTIAL - 5
RSR -5 ZONE
Sections:
18.72.010
Purpose.
18.72.020
Uses permitted outright.
18.72.030
Conditional uses permitted.
18.72.040
Limitations on uses.
18.72.050
Lot size.
18.72.060
Other standards.
In an RSR -5 Zone, the following regulations
shall apply:
18.72.010 Purpose.
The purpose of the Rural Service
Residential -5 Zone is to maintain the rural
character of the area in the immediate vicinity
of a rural service center while allowing for
increased density because of that proximity,
but assuring densities are compatible with the
services available as well as the land and
natural resources of the area. (Ord. 91-020 §
1, 1991)
18.72.020 Uses permitted outright.
The uses and their accessory uses permitted
outright in the RSR -M Zone, subject to the
conditions of section 18.72.040, below. (Ord.
91-020 § 1, 1991)
18.72.030 Conditional uses permitted.
Uses permitted conditionally in an RSR -M
Zone.
18.72.040 Limitations on uses.
The following limitation shall apply to uses
permitted by section 18.72.020 above:
A. Cows, horses, goats or sheep cannot be
kept on lots having an area of less than 20,000
square feet. The total number of all such
animals (other than their young under 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.
Chapter 18.72
0148-1255
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 minimum
of 100 feet away from a residential building on
an adjacent lot. (Ord. 91-020 § 1, 1991)
18.72.050 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 6,000 square feet.
B. The minimum average width of lots
served by either an approved community,
municipal or public water system or an
approved community or public 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 or
public sewage system shall be 150 feet with a
minimum lot size of five acres.
D. The setback from the north lot line shall
meet the solar setback requirements in section
18.116.180.
E. In addition to the setbacks set forth
herein, any greater setbacks required by
applicable building codes shall be met. (Ord.
94-008 § 19, 1994; Ord. 83-037 § 19, 1983)
18.72.060 Other standards.
The conditions contained in sections
18.68.060, 18.68.070, 18.68.080, 18.68.090 and
18.68.100 shall apply in the RSR -5 Zone.
(Ord. 86-053 § 16, 1986)
(11/95)
Chapter 18.76
AIRPORT DEVELOPMENT - A -D ZONE
Sections:
Dimensional standards.
18.76.010
Purpose.
18.76.020
Uses permitted outright.
18.76.030
Conditional uses.
18.76.040
Use limitations.
18.76.050
Dimensional standards.
18.76.060
Stream setback.
18.76.070
Off-street parking and loading.
18.76.080
Design and use criteria.
18.76.090
Additional requirements.
18.76.100
Rimrock setback.
In an A -D Zone, the following regulations
shall apply:
18.76.010 Purpose.
The purpose of the Airport Development
Zone is to allow for development compatible
with ongoing airport use consistent with the
Deschutes County Year 2000 Comprehensive
Plan, while providing for public review of
proposed development likely to have
significant impact on surrounding lands. This
zone is intended to operate as an interim
control until the Board of County
Commissioners adopts a Bend Airport Master
Plan or Comprehensive Plan. (Ord. 91-020 §
1, 1991)
18.76.020 Uses permitted outright.
The following uses and their accessory uses
are permitted outright:
A. Airport and nonstructural uses such as
fuel storage, tie -down areas and parking
facilities.
B. Hangars, aircraft site, sale and repair
facilities and related offices.
C. 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.
D. Class III road or street project.
Chapter 18.76
0148—1 u�
(Ord. 93-043 § 11, 1993; Ord. 91-020 § 1,
1991)
18.76.030 Conditional uses.
The following uses may be allowed subject
to chapter 18.128 of this title.
A. Farm use.
B. Farm accessory buildings and uses,
excluding residential uses.
C. Utility facility necessary for public
service except landfills.
D. Golf course.
E. Park, playground, other public
recreation site or facility or community service
facility owned and operated by a government
agency or nonprofit community organization.
F. Restaurant, which may include a bar or
cocktail lounge as an accessory use; one
restaurant per airport; restaurant and
accessory use to be 2,500 square feet or less in
size.
G. Small-scale aviation related storage.
H. Permitted industrial uses, excluding
planned unit developments for other than
permitted industrial uses, as described in
chapters 19.64 and 19.68 of Deschutes County
Code Title 19, the Bend Urban Growth
Boundary Zoning Ordinance, as amended,
provided that any such use is compatible with
airport uses.
I. 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 § 1, 1991)
18.76.040 Use limitations.
In an A -D Zone, the following limitations
and standards shall apply to all uses:
A. The height of any structure or part of a
structure such as chimneys, towers, antennas,
etc., shall not exceed 35 feet.
B. In approach zones beyond the clear
zone areas, no meeting place designed to
accommodate more than 25 persons for public
or private purposes shall be permitted.
C. All parking demand created by any use
permitted by this section shall be
accommodated on the subject premises
(11/95)
entirely off-street.
D. No use permitted by this section shall
require the backing of traffic onto a public or
private street or road right of way.
E. There shall be only one ingress and one
egress from uses permitted by this section per
each 800 feet of frontage on an arterial or per
each 300 feet of frontage or collector. If
necessary to meet this requirement, permitted
uses shall provide for shared ingress and
egress.
F. No use permitted by this section that
generates more than 30 truck -trailer or other
heavy equipment trips per day to and from a
subject use shall be permitted to locate on a
lot adjacent to or across a street from a
residential use or lot in a platted subdivision,
nor shall a residential use or lot be permitted
adjacent to or across the street from an
existing or planned use that is expected to
generate such traffic.
G. No use likely to generate more than 20
auto or truck trips during the busiest hour of
the day to and from the premises shall be
permitted unless served directly by an arterial
or collector, or other improved street or road
designed to serve such traffic. In no case shall
such traffic be permitted to utilize a street or
road which passes through a residential area.
H. No power lines shall be located in clear
zones and any power line located within an
approach zone shall be in conformance with
designated approach slope ratios contained in
section 18.80.060(B)(1).
I. No use shall be allowed which is likely
to attract an unusual quantity of birds,
particularly birds which normally fly at high
altitudes. (Ord. 91-020 § 1, 1991)
18.76.050 Dimensional standards.
In an A -D Zone, the following dimensional
standards shall apply:
A. The minimum lot size not in a planned
unit development or subdivision shall be five
acres, except that in conjunction with a
specific use application, a lot size of not less
than 20 acres may be approved where there is
a showing that the lot requested is the
014E8-1237
maximum necessary for the use and
reasonably expected future expansion of the
use. The lot size in a planned unit
development or subdivision shall average at
least 20 acres.
B. Lot coverage shall not exceed 70
percent by all buildings, storage areas and
facilities and required off-street parking and
loading areas.
C. The minimum setback between any
structure and an arterial right of way shall be
100 feet. The minimum setback of a
nonresidential structure from a collector right
of way shall be 50 feet, and from all local
streets the minimum setback shall be 20 feet.
D. The minimum lot frontage shall be 330
feet, except that the minimum lot frontage in
a planned unit development or subdivision
shall be 100 feet.
E. The minimum side and rear setback
between any structure and a property line
shall be 50 feet.
F. 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 the[is title]
Deschutes County Code shall be met. (Ord.
94-008 § 24, 1994; Ord. 91-020 § 1, 1991)
18.76.060 Stream setback,
To permit better light, air, vision, stream or
pollution control, protect fish and wildlife
areas and preserve natural scenic amenities
and vistas along the streams and lakes, all
structures, buildings or similar permanent
fixtures shall be set back from the high-water
line or mark along all streams or lakes a
minimum of 100 feet measured at right angles
to the high-water line or mark. (Ord. 91-020 §
1, 1991)
18.76.070 Off-street parking and loading.
Off-street parking and loading shall be
provided subject to the provisions of this
chapter and chapter 18.116.
Chapter 18.76 2 (11/95)
18.76.080 Design and use criteria.
The Planning Director or Hearings Body
shall take into account the impact of the
proposed conditional use on nearby residential
and commercial uses, on resource carrying
capacities and on the capacity of
transportation and other public facilities and
services. In approving a proposed conditional
use, the Planning Director or Hearings Body
shall find that:
A. The proposed use is in compliance with
the Comprehensive Plan.
B. The proposed use is in compliance with
the intent and provisions of this title.
C. That any adverse social, economical,
physical or environmental impacts are
minimized.
D. That the proposed use is not sensitive to
noise of the character anticipated by the
current and expected noise level contours of
the airport.
E. That the proposed use is compatible
with adjacent agricultural and residential uses.
F. That there are sufficient public facilities
and services to support the proposed use.
G. 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.
H. That the use shall make the most
effective use reasonably possible of the site
topography, existing landscaping and building
placement so as to preserve existing trees and
natural features, preserve vistas and other
views from public ways, minimize visibility of
parking, loading and storage areas from public
ways and neighboring residential uses, and
minimize intrusion into the character of
existing developments and land uses in the
immediate vicinity of the proposed use. (Ord.
91-020 § 1, 1991)
18.76.090 Additional requirements.
As a condition of approval of any
conditional use proposed within the A -D
0148-1�ub
Zone, the Planning Director or Hearings Body
may require:
A. An increase in required setbacks.
B. Additional off-street parking and
loading facilities and building standards.
C. Limitations on signs or lighting, hours of
operation, points of ingress and egress and
building heights.
D. Additional landscaping, screening and
other improvements.
E. Glare -resistant materials in construction
or other methods likely to reduce operating
hazards.
F. Other conditions considered necessary
to achieve compliance and policies of the
Comprehensive Plan. (Ord. 91-020 § 1, 1991;
Ord. 80-221 § 1, 1980)
18.76.100 Rimrock setback.
Setbacks from rimrock shall be as provided
in section 18.116.160. (Ord. 86-053 § 17,
1986)
Chapter 18.76 3 (11/95)
Chapter 18.80
AIRPORT HEIGHT COMBINING
A -H ZONE
Sections:
18.80.010
Purpose.
18.80.020
Application of provisions.
18.80.030
Uses permitted outright.
18.80.040
Uses permitted conditionally.
18.80.050
Use limitations.
18.80.060
Dimensional standards.
In any zone which is a combining A -H
Zone, the requirements and standards of this
section shall apply in addition to those
specified in the ordinance for the underlying
zone. If a conflict in regulations or standards
occurs, the provisions of this section shall
govern. (Ord. 91-020 § 1, 1991)
18.80.010 Purpose.
The purpose of the Airport Height
Combining Zone is to restrict the height of
trees, buildings, structures, or other items
which might intrude into areas used by
aircraft. (Ord. 91-020 § 1, 1991)
18.80.020 Application of provisions.
The provisions of this section shall apply to
all areas under airport approach surfaces,
transitional surfaces, horizontal surfaces and
conical surfaces. (Ord. 91-020 § 1, 1991)
18.80.030 Uses permitted outright.
Uses permitted shall be those identified in
the underlying zone with which the A -H Zone
is combined. (Ord. 91-020 § 1991)
18.80.040 Uses permitted conditionally.
Uses permitted conditionally shall be those
identified as conditional uses in the underlying
zone with which the A -H Zone is combined,
and shall be subject to all conditions of the
underlying zone as well as the conditions of
the A -H Zone. (Ord. 91-020 § 1, 1991)
0148-1239
18.80.050 Use limitations.
No use in an A -H Zone shall be allowed
that could reasonably be expected to endanger
the safety of persons in aircraft passing over
the land or persons and property on the
ground. Reasonable conditions to protect the
public safety may be imposed by the Planning
Director or Hearings Body. (Ord. 91-020 § 1,
1991)
18.80.060 Dimensional standards.
A. Minimum lot size and setbacks shall be
those indicated in the underlying zone with
which the A -H Zone is combined.
B. Height Limitations. No structure or
plant growth shall exceed 35 feet in height in
any of the following zones:
1. Utility Runway Visual Approach Zone.
Slopes 20 feet outward for each foot upward
beginning at the end of and at the same
elevation as the primary surface and extending
to a horizontal distance of 5,000 feet along the
extended runway centerline.
2. Runway Larger Than Utility With a
Visibility Minimum Greater Than Three -
Fourths Mile Nonprecision Instrument
Approach Zone. Slopes 34 feet outward for
each foot upward beginning at the end of and
at the same elevation as the primary surface
and extending to a horizontal distance of
10,000 feet along the extended runway
centerline.
3. Transitional Zones. Slopes seven feet
outward for each foot upward beginning at the
side of and at the same elevation as the
primary surface and approach surface, and
extending to a height of 150 feet above the
airport elevation which is 3,452 feet above
mean sea level. In addition to the foregoing,
there are established height limits sloping
seven feet outward for each foot upward
beginning at the sides of and at the same
elevation as the approach surface, and
extending to where they intersect the conical
surface.
4. Horizontal Zone. Established at 150
feet above the airport elevation or at a height
of 3,602 feet above mean sea level.
Chapter 18.80 1 (11/95)
0.48-1240
5. Conical Zone. Slopes 20 feet outward
for each foot upward beginning at the
periphery of the horizontal zone and at 150
feet above the airport elevation and extending
to a height of 350 feet above the airport
elevation.
6. Where an area is covered by more than
one height limitation, the more restrictive
shall prevail.
7. The airport owners, or their agents,
shall be permitted at mutually agreed upon
times to enter onto private property to reduce
the height of trees which exceed the height
limitations herein established. (Ord. 91-020 §
1, 1991)
Chapter 18.80 2 (11/95)
Chapter 18.84
LANDSCAPE MANAGEMENT
COMBINING - LM ZONE
Sections:
18.84.010
Purpose.
18.84.020
Application of provisions.
18.84.030
Uses permitted outright.
18.84.040
Uses permitted conditionally.
18.84.050
Use limitations.
18.84.060
Dimensional standards.
18.84.070
Application.
18.84.080
Design review standards.
18.84.085
Imposition of conditions.
18.84.090
Setbacks.
18.84.100
Septic permits.
In any LM Combining Zone, the
requirements and standards of this chapter
shall apply in addition to those specified in
this title for the underlying zone. If a conflict
in regulation or standards occurs, the
provision of this chapter shall govern. (Ord.
92-034 § 2, 1992)
18.84.010 Purpose.
The purposes of the Land Management
Combining Zone are to maintain scenic and
natural resources of the designated areas and
to maintain and enhance scenic vistas and
natural landscapes as seen from designated
roads, rivers or streams. (Ord. 92-034 § 2,
1992)
18.84.020 Application of provisions.
The provisions of this chapter shall apply to
all areas within one-fourth mile of roads
identified as landscape management corridors
in the Comprehensive Plan and the County
Zoning Map. The provisions of this chapter
shall also apply to all areas within the
boundaries of a State scenic waterway or
Federal wild and scenic river corridor and all
areas within 660 feet of rivers and streams
otherwise identified as landscape management
corridors in the comprehensive plan and the
County Zoning Map. The distance specified
above shall be measured horizontally from the
center line of designated landscape
management roadways or from the nearest
ordinary high water mark of a designated
landscape management river or stream. The
limitations in this section shall not unduly
restrict accepted agricultural practices. (Ord.
92-034 § 2, 1992)
18.84.030 Uses permitted outright.
Uses permitted in the underlying zone with
which the LM Zone is combined shall be
permitted in the LM Zone, subject to the
provisions in this chapter. (Ord. 92-034 § 2,
1992)
18.84.040 Uses permitted conditionally.
Uses permitted conditionally in the
underlying zone with which the LM Zone is
combined shall be permitted as conditional
uses in the LM Zone, subject to the provisions
in this chapter. (Ord. 92-034 § 2, 1992)
18.84.050 Use limitations.
A. Any new structure or substantial
alteration of a structure requiring a building
permit, or an agricultural structure[s], within
an LM Zone shall obtain site plan approval in
accordance with this chapter and chapter
18.124, Site Plan Review, prior to
construction. As used in this chapter
substantial alteration consists of an alteration
which exceeds 25 percent in the size or 25
percent of the assessed value of the structure.
B. Structures which are not visible from the
designated roadway, river or stream and which
are assured of remaining not visible because
of vegetation, topography or existing
development are exempt from the provisions
of section 18.84.080 (Design Review
Standards) and section 18.84.090 (Setbacks).
An applicant for site plan review in the LM
Zone shall conform with the provisions of this
chapter, or may submit evidence that the
proposed structure will not be visible from the
designated road, river or stream. Structures
not visible from the designated road, river or
Chapter 18.84 1 (11/95)
stream must meet setback standards of the
underlying zone. (Ord. 92-034 § 2,1992; Ord.
91-020 § 1, 1991)
18.84.060 Dimensional standards.
In an LM Zone, the minimum lot size shall
be as established in the underlying zone with
which the LM Zone is combined. (Ord. 92-
034 § 2, 1992; Ord. 91-020 § 1, 1991)
18.84.070 Application.
An application for site plan approval for
development in the LM Zone shall be
submitted to the Planning Division. The site
plan application shall include the following:
A. A plot plan, drawn to scale, showing:
1. Location and dimensions of existing and
proposed structures.
2. Setbacks from lot lines (and river and
rimrock, if present).
3. Existing and proposed access.
4. Existing and proposed exterior lighting.
B. A drawing of the proposed structure
elevations showing:
1. Exterior appearance.
2. Height, dimensions.
3. Siding and roofing material and color.
4. Location and size of windows, including
skylights.
C. A landscape plan drawn to scale,
showing:
1. Location, size and species of existing
trees six inches in diameter or greater, or
existing shrub vegetation higher than four feet,
between the proposed development and the
designated landscape management road, river
or stream. Where a significant amount of
vegetation exists, a landscape plan may be
accepted which generalizes and explains how
the existing trees and shrubs provide
screening.
2. Proposed location and species of
introduced vegetation which will screen the
proposed development from the designated
landscape management road, river or stream.
(Ord. 93-043 § 12, 1993; Ord. 92-034 § 2,
1992)
0148-1242
18.84.080 Design review standards.
The following standards will be used to
evaluate the proposed site plan:
A. Except as necessary for construction of
access roads, building pads, septic drainfields,
public utility easements, parking areas, etc.,
the existing tree and shrub cover screening the
development from the designated road, river,
or stream shall be retained. This provision
does not prohibit maintenance of existing
lawns, removal of dead, diseased or hazardous
vegetation; the commercial harvest of forest
products in accordance with , the Oregon
Forest Practices Act, or agricultural use of the
land.
B. It is recommended that new structures
and additions to existing structures be finished
in muted earth tones that blend with and
reduce contrast with the surrounding
vegetation and landscape of the building site.
C. No large areas, including roofs, shall be
finished with white, bright or reflective
materials. Roofing, including metal roofing,
shall be nonreflective and of a color which
blends with the surrounding vegetation and
landscape.
D. Subject to applicable rimrock setback
requirements or rimrock setback exception
standards in section 18.84.090(E), all
structures shall be sited to take advantage of
existing vegetation, trees and topographic
features in order to reduce visual impact as
seen from the designated road, river or
stream. When more than one nonagricultural
structure is to exist and no vegetation, trees or
topographic features exist which can reduce
visual impact of the subject structure, such
structure shall be clustered in a manner which
reduces their visual impact as seen from the
designated road, river, or stream.
E. Structures shall not exceed 30 feet in
height measured from the natural grade on
the side(s) facing the road, river or stream.
Within the LM Zone along a state scenic
waterway or federal wild and scenic river, the
height of a structure shall include chimneys,
antennas, flag poles or other projections from
the roof of the structure. This section shall
Chapter 18.84 2 (11/95)
not apply to agricultural structures located at
least 50 feet from a rimrock.
F. New residential or commercial driveway
access to designated landscape management
roads shall be consolidated wherever possible.
G. New exterior lighting, including security
lighting, shall be sited and shielded so that it
is directed downward and is not directly visible
from the designated road, river or stream.
H. The Planning Director or Hearings
Body may require the establishment of
introduced landscape material to screen the
development, assure compatibilitywith existing
vegetation, reduce glare, direct automobile
and pedestrian circulation or enhance the
overall appearance of the development while
not interfering with the views of oncoming
traffic at access points or views of mountains,
forests and other open and scenic areas as
seen from the designated landscape
management road, river or stream. Use of
native species shall be encouraged. (Formerly
section 18.84.080(C))
I. No signs or other forms of outdoor
advertising that are visible from a designated
landscape management river or stream shall
be permitted. Property protection signs (No
Trespassing, No Hunting, etc.,) are permitted.
J. A conservation easement as defined in
section 18.04.280 "Conservation Easement"
and specified in section 18.116.220 shall be
required as a condition of approval for all
landscape management site plans involving
property adjacent to the Deschutes River,
Crooked River, Fall River, Little Deschutes
River, Spring River, Squaw Creek and Tumalo
Creek. Conservation easements required as a
condition of landscape management site plans
shall not require public access. (Ord. 93-043
§§ 12A and 12B 1993; Ord. 92-034 § 2,1992;
Ord. 91-020 § 1, 1991)
18.84.085 Imposition of conditions.
The standards of this chapter may be met by
the imposition of conditions drawn to ensure
that the standards will be met. (Ord. 92-034
§ 2, 1992)
0148-1243
18.84.090 Setbacks.
A. Except as provided in this section,
minimum setbacks shall be those established
in the underlying zone with which the LM
Zone is combined.
B. Road Setbacks. All new structures or
additions to existing structures on lots fronting
a designated landscape management road shall
be set back at least 100 feet from the edge of
the designated road unless the Planning
Director or Hearings Body finds that:
1. A location closer to the designated road
would more effectively screen the building
from the road; or protect a distant vista; or
2. The depth of the lot makes a 100 -foot
setback not feasible; or
3. Buildings on both lots abutting the
subject lot have front yard setbacks of less
than 100 feet and the adjacent buildings are
within 100 feet of the lot line of the subject
property, and the depth of the front yard is
not less than the average depth of the front
yards of the abutting lots.
If the above findings are made, the Planning
Director or Hearings Body may approve a less
restrictive front yard setback which will be
appropriate to carry out the purpose of the
zone.
C. River and Stream Setbacks. All new
structures or additions to existing structures
shall be set back 100 feet from the ordinary
high water mark of designated streams and
rivers or obtain a setback exception in
accordance with section 18.120.030. For the
purpose of this section, decks are considered
part of a structure and must conform with the
setback requirement.
The placement of on-site sewage disposal
systems shall be subject to joint review by the
Planning Director or Hearings Body and the
Deschutes County Environmental Health
Division. The placement of such systems shall
minimize the impact on the vegetation along
the river and shall allow a dwelling to be
constructed on the site as far from the stream
or lake as possible. Sand filter systems may
be required as replacement systems when this
will allow a dwelling to be located further
Chapter 18.84 3 (11/95)
from the stream or to meet the 100 -foot
setback requirement. (Formerly section
18.84.080(E))
D. Rimrock Setback. New structures
(including decks or additions to existing
structures) shall be set back 50 feet from the
rimrock in an LM Zone. An exception to this
setback may be granted to as close as 20 feet
of the rimrock pursuant to the provisions of
subsection (E) of this section.
E. Rimrock Setback Exceptions. An
exception to the 50 -foot rimrock setback may
be granted by the Planning Director or
Hearings Body, subject to the following
standards and criteria:
1. An exception shall be granted when the
Planning Director or Hearings Body finds
that:
a. A lesser setback will make the structure
less visible or completely screened from the
river or stream; or
b. The subject lot or parcel was a lot of
record prior to the adoption of this
[ordinance] title; or
c. Dwellings (including decks) on both lots
or parcels abutting the subject lot within 50
feet of the rimrock and the adjacent buildings
are within 100 feet of the lot line of the
subject property; or
d. Adherence to the 50 -foot setback would
prevent the structure from being sited on the
lot.
2. A dwelling qualifying for a rimrock
setback exception under the criteria set forth
above shall be located as follows:
a. The structure shall be designed and
sited to minimize the visual impact when
viewed from the ordinary high water mark on
the far side of the river. This shall be
determined by viewing the property from the
ordinary high water mark immediately across
from the center of the river frontage on which
the structure is proposed with like evaluations
being made 300 feet upstream and
downstream on either side of that point over
the entire length of river frontage on which
the structure is proposed.
b. Existing trees and shrubs which reduce
0148-1244
the visibility of the proposed structure shall be
retained.
c. The height of the structure shall not
exceed the setback from the edge of the
rimrock.
d. No structure (including decks) shall be
located closer than 20 feet from the edge of
the rimrock unless the Planning Director or
Hearings Body finds that the lesser setback
will make the structure less visible or the
structure is completely screened from the river
or stream.
e. Where multiple nonagricultural
structures are proposed on a lot or parcel, the
structures shall be grouped or clustered so as
to maintain a general appearance of open
landscape for the affected area. This shall
require a maintenance of at least 65 percent
open space along rimrocks within subject lots
or parcels.
f. Scenic Waterways. Approval of all
structures in a State Scenic Waterway shall be
conditioned upon receipt of approval of the
State Parks Department. (Ord. 92-034 § 2,
1992)
18.84.100 Septic permits.
Prior to the issuance of a permit for any on-
site sewage disposal system that is to be
located within 200 feet of a river or stream in
a landscape management corridor, a
Landscape Management Site Plan shall be
approved in accordance with this chapter.
(Ord. 95-075 § 1,1995; Ord. 92-034 § 2,1992;
Ord. 90-020 § 1, 1990)
Chapter 18.84 4 (11/95)
Chapter 18.88
WILDLIFE AREA COMBINING
WA ZONE
Sections:
18.88.010
Purpose.
18.88.020
Application of provisions.
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
Fence 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 the
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
and 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. (Ord. 93-043 §§ 13
and 13A, 1993)
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 the title. (Ord. 92-042 § 1, 1992)
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
0118-1245
zone. (Ord. 92-042 § 1, 1992; Ord. 91-020 § 1,
1991)
18.88.040 Uses permitted conditionally.
A. Except as provided in section B of this
section, 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 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 nonprofit community
organization;
8. Timeshare unit;
9. Veterinary clinic;
10. Fishing lodge.
C. Expansion of any use listed in
subsection B of this section that was lawfully
established prior to August 5, 1992, is allowed,
subject to provisions of Title 18 applicable to
the establishment of such uses. Expansion of
golf courses under this subsection shall be
limited to a final size of 18 holes.
D. 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. (Ord. 95-
075 § 1,1995; Ord. 95-001 § 3,1995; Ord. 92-
042 § 1, 1992)
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,
Chapter 18.88 1 (11/95)
the minimum lot size for new parcels shall be
40 acres except as provided in [paragraph]
subsection ["]D["] of this section.
B. In areas designated as significant elk
habitat in the Comprehensive Plan Resource
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 percent 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. (Ord. 95-075
§ 1, 1995; Ord. 92-042 § 1, 1992)
0148-1246
18.88.060 Siting standards.
A. Setbacks shall be those described in the
underlying zone with which the WA Zone is
combined.
B. The footprint, including decks and
porches, for new dwellings shall be located
entirely within 300 feet of public roads, private
roads or recorded easements for vehicular
access existing as of August 5, 1992 unless it
can be found that:
1. Habitat values (i.e., 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 for vehicular access would force
the dwelling to be located on irrigated land, in
which case, the dwelling shall be located to
provide the least possible impact on wildlife
habitat considering browse, forage, cover,
access to water and migration corridors, and
minimizing length of new access roads and
driveways; or,
3. The dwelling is set back no more than
50 feet from the edge of a driveway that
existed as of August 5, 1992.
C. For purposes of subsection B of this
section:
1. A private road, easement for vehicular
access or driveway will conclusively be
regarded as having existed prior to August 5,
1992 if the applicant submits any of the
following:
a. A copy of an easement recorded with
the County Clerk prior to August 5, 1992
establishing a right of ingress and egress for
vehicular use;
b. An aerial photograph with proof that it
was taken prior to August 5, 1992 on which
the road, easement or driveway allowing
vehicular access is visible;
c. A map published prior to August 5,
1992 or assessor's map from prior to August
5, 1992 showing the road (but not showing a
mere trail or footpath).
2. An applicant may submit any other
evidence thought to establish the existence of
Chapter 18.88 2 (11/95)
a private road, easement for vehicular access
or driveway as of August 5, 1992 which
evidence need not be regarded as conclusive.
(Ord. 95-0013, 1995; Ord. 92-042 § 1, 1992)
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 designwhich 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)
0148M-1247
Chapter 18.88 3 (11/95)
Chapter 18.90
SENSITIVE BIRD AND MAMMAL
HABITAT COMBINING ZONE - SBMH
Sections:
18.90.010 Purpose.
18.90.020 Definition of sensitive habitat
area.
18.90.030 Limitations and uses
permitted.
18.90.040 Applicability.
(Preapplication consultation
with ODFW Repealed by
Ord. 94-005 § 1, 1994)
18.90.050 Site plan review requirement.
18.90.060 Site plan review criteria.
18.90.010 Purpose.
A. The purpose of the Sensitive Bird and
Mammal Combining Zone is to insure that
sensitive habitat areas identified in the
County's Goal 5 sensitive bird and mammal
inventory as critical for the survival of the
northern bald eagle, great blue heron, golden
eagle, prairie falcon, osprey, great grey owl,
sage grouse, and the Townsend's big -eared bat
are protected from the effects of conflicting
uses or activities which are not subject to the
Forest Practices Act. This objective shall be
achieved by implementation of the decision
resulting from the economic, social,
environmental and energy analysis (ESEE) for
each inventoried sensitive habitat area. (Ord.
94-005 § 1, 1994; Ord. 92-042 § 2, 1992)
18.90.020 Definition of sensitive habitat
area.
A. The sensitive habitat area is the area
identified in the Deschutes County
Comprehensive Plan Resource Element
inventory and site specific ESEE for each
sensitive bird or mammal site. The sensitive
habitat area to be protected by the provisions
of this chapter is defined as the area:
1. Within a radius of 1,320 feet of a golden
eagle, bald eagle, prairie falcon nest, sage
0148-1248
grouse lek, or a Townsend's big -eared bat
hibernating or nursery site.
2. Within a radius of 300 feet of a great
blue heron rookery or osprey nest.
3. Within a radius of 900 feet of a great
grey owl nest site.
B. Inventoried sensitive bird or mammal
sites located on federal land are not subject to
the provisions of this chapter unless the
sensitive habitat area identified in section
18.90.020 (1) emends onto nonfederal land.
(Ord. 94-005 § 1, 1994; Ord. 93-043 § 14,
1993; Ord. 92-042 § 2, 1992)
18.90.030 Limitations and uses
permitted.
A. Uses permitted in the underlying
zone(s) are permitted or conditionally
permitted in the Sensitive Bird and Mammal
Combining Zone subject to the additional
procedure and requirements of section
18.90.040 and the provisions of the ESEE
decision. The Sensitive Bird and Mammal
Habitat Combining Zone does not regulate or
prohibit forest practices subject to Oregon
Revised Statutes 527.610 to 527.770 and the
rules adopted pursuant thereto; or to farm
practices as defined by Oregon Revised
Statutes 30.947(2).
B. When there is a conflict between the
site specific ESEE analysis and the provisions
of this title, the site-specific ESEE analysis
shall control. (Ord. 94-005 § 1, 1994; Ord. 92-
042 § 2, 1992)
18.90.040 Applicability.
A. Review under this chapter shall be
triggered by the following proposals occurring
within a sensitive habitat area, as defined in
section 18.90.020 of this chapter:
1. An application for a building permit for
a new structure or addition to an existing
structure;
2. Land divisions creating new lots or
parcels within the sensitive habitat area;
3. An application for a conditional use
permit; or
Chapter 18.90 1 (11/95)
4. An application for site plan approval.
(Ord. 94-005 § 1,1994; Ord. 92-042 § 2,1992)
(18.90.050, Preapplication Consultation with
ODFW, repealed by Ord. 94-005 § 1, 1994.
Ord. 92-042 § 2, 1992)
18.90.050 Site plan review requirement.
A. For those proposals identified in section
18.90.040 to be sited within an inventoried
sensitive habitat area, as defined under section
18.90.020, a site plan shall be prepared in
accordance with the requirements of this
section. The site plan shall be approved prior
to issuance of a building permit, land division,
conditional use permit or site plan identified
in section 18.90.040.
B. The site plan application shall provide
the following information:
1. A plot plan showing the location of all
development including existing and proposed
roads, driveways and structures.
2. Description of operating characteristics
of the proposed use including times when
activity within the sensitive habitat area would
generate noise, dust, vibration, lights, traffic or
be visible from the nest, lek, rookery or
hibernation site.
3. Timing of construction activities
includ[ed]ing grading or filling land, hauling
materials and building.
4. Description of existing vegetation and
vegetation to be removed for the proposed
development.
C. The county shall submit a copy of the
site plan to the Oregon Department of Fish
and Wildlife for comment. ODFW shall have
20 days from the date [of] the site plan is
mailed to submit written comments to the
county.
D. Based upon the record, and evaluation
of the proposal based on the criteria in section
18.90.060, and conformance with the ESEE
analysis for the site contained in the Resource
Element of the Comprehensive Plan, the
county shall approve or reject the site plan. In
lieu of rejection of the site plan, the county
may allow the applicant to revise the site plan
0148-1249
if the applicant has not met the standards for
approval. Applicant shall waive the 120 -day
time limit if it chooses to revise the site plan.
E. Approval of a site plan under this
section shall be conditioned upon applicant's
implementation of the plan. (Ord. 95-075 § 1,
1995; Ord. 94-005 § 1, 1994; Ord. 93-043 §
14B, 1993; Ord. 92-042 § 2, 1992)
18.90.060 Site plan review criteria.
A. Approval of site plan shall be based on
the following criteria:
1. The site plan shall consider the biology
of the identified sensitive species, nesting
trees, critical nesting periods, roosting sites
and buffer areas. Based on the biology of the
species and the characteristics of the site, the
site plan shall provide protection that will
prevent destruction of the subject nesting site,
lek, hibernation site or rookery and will, to a
reasonable certainty, avoid causing the site to
be abandoned.
2. Development activities, including
grading and fill, mining, construction, or
activities generating noise or dust within the
sensitive habitat area shall be prohibited
during the nesting, strutting or hibernation
season identified in the site specific ESEE
analysis and decision for each habitat site. An
exception to this standard may be made if the
Oregon Department of Fish and Wildlife
determines in writing that the nest, lek or
rookery is not active and will not become
active during the proposed construction period
or if the sensitive birds have fledged.
Construction activities within an enclosed
structure may be conducted during the
nesting, strutting or hibernation season.
Construction activities necessary to repair an
existing septic system or to replace or repair a
structure destroyed or damaged by fire or
other natural causes may be conducted during
the nesting, strutting or hibernation season.
3. New roads, driveways or public trails
shall be located at the greatest distance
possible from the nest, lek, rookery or
hibernation site unless topographic or
vegetation or structural features will provide
Chapter 18.90 2 (11/95)
0148--1250
greater visual and/or noise buffer from the
nest, lek, rookery or hibernation site.
4. Existing vegetation or other landscape
features which are located on the subject
property and which obscure the view of the
nest, rookery, lek or hibernation site from the
proposed development, shall be preserved and
maintained. A restrictive covenant to preserve
and maintain vegetation shall be required
when specified in the ESEE for the site.
5. No partitions or subdivisions shall be
permitted which would force location of a
dwelling or other structure, not otherwise
permitted by the site specific ESEE, within
the designated sensitive habitat area.
6. All exterior lighting, including security
lighting shall be sited and shielded so that the
light is directed downward and does not shine
on the subject nest, rookery, lek or
hibernation site.
7. The site plan shall conform with the
requirements of the ESEE decision for the
subject sensitive bird or mammal site
contained in the Resource Element of the
Deschutes County Comprehensive plan. (Ord.
94-005 § 1, 1994)
Chapter 18.90 3 (11/95)
Chapter 18.92
CONVENTIONAL HOUSING 0148-1251
COMBINING - CH ZONE
Sections:
18.92.010 Purpose.
18.92.020 Permitted uses.
18.92.030 Use limitations.
In a Conventional Housing Combining Zone
(CH), the requirements and standards of this
chapter shall apply in addition to those
specified in this title for the underlying zone.
If a conflict in regulations or standards occurs,
the provisions of this section shall govern.
(Ord. 91-020 1, 1991)
18.92.010 Purpose.
To provide a variety of residential
environments in rural areas by maintaining
areas reserved for conventional and modular
housing permanently attached to real
property. (Ord. 91-020 1, 1991)
18.92.020 Permitted uses.
All outright and conditional uses allowed in
the underlying zone except that in no case
shall a housing type be allowed that is other
than conventional or modular housing
permanently attached to real property. (Ord.
91-020 1, 1991)
18.92.030 Use limitations.
All use and dimensional conditions
contained in the underlying zones shall apply
to the CH Zone. (Ord. 91-020 1, 1991)
Chapter 18.92 1 (11/95)
Chapter 18.96
FLOOD PLAIN - FP ZONE
Sections:
requirements.
18.96.010
Purposes.
18.96.020
Designated areas.
18.96.030
Uses permitted outright.
18.96.040
Conditional uses permitted.
18.96.050
Prohibited uses.
18.96.060
Limitations on conditional
uses.
18.96.070 Application for conditional
use.
18.96.080 Criteria to evaluate conditional
uses.
18.96.085 Elevation certification.
18.96.090 Yard and setback
18.96.010 Purposes.
The purposes of the Flood Plain Zone are:
To implement the Comprehensive Plan
Flooding Section; to protect the public from
the hazards associated with flood plains; to
conserve important riparian areas along rivers
and streams for the maintenance of the fish
and wildlife resources; and to preserve
significant scenic and natural resources while
balancing the public interests with those of
individual property owners in the designated
areas. (Ord. 88-030 § 4, 1988)
18.96.020 Designated areas.
The areas of special flood hazard identified
by the Federal Insurance Administration in a
scientific and engineering report entitled "The
Flood Insurance Study for Deschutes County,
Oregon and Incorporated Areas" dated
August 16, 1988, with accompanying Flood
Insurance Rate Maps is hereby adopted by
reference and incorporated herein by this
Chapter 18.96
0148-1252
reference. The Flood Insurance Study is on
file at the Deschutes County Community
Development Department.
The Flood Plain Zone shall include all areas
designated as "Special Flood Hazard Areas"
by the Flood Insurance Study for Deschutes
County. When base flood elevation data has
not been provided in the Flood Insurance
Study, the Planning Division will obtain,
review and reasonably utilize any base flood
elevation or floodway data available from
federal, state or other sources, in determining
the location of a flood plain or floodway.
(Ord. 88-030 § 4, 1988)
18.96.030 Uses permitted outright.
The following uses and their accessory uses
are permitted outright:
A. Agricultural use conducted without
establishing or utilizing a structure. For
purposes of this paragraph, a "structure" does
not include a boundary fence as long as such
fence is designed to impede as little as
possible the movement of floodwaters and
flood -carried material.
B. Management, propagation and
harvesting of a forest product.
C. Open space.
D. Portions of a residential use that do not
contain structures, such as lawn, garden or
play areas.
E. 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.
F. Class III road or street project.
(Ord. 93-043 § 15, 1993; Ord. 91-020 § 1,
1991; Ord. 88-030 § 4, 1988)
18.96.040 Conditional uses permitted.
The following uses may be allowed subject
to applicable sections of this title:
A. A roadway, bridge or utility structure,
except a landfill, that will not impede the
waters of a base flood subject to chapter
18.128 of this title.
B. Incidental storage of material or
equipment that is either not subject to damage
(11/95)
requirements.
18.96.100
Stream setback.
18.96.110
Dimensional standards.
18.96.120
Warning and disclaimer of
Liability.
18.96.130
Use variances.
18.96.010 Purposes.
The purposes of the Flood Plain Zone are:
To implement the Comprehensive Plan
Flooding Section; to protect the public from
the hazards associated with flood plains; to
conserve important riparian areas along rivers
and streams for the maintenance of the fish
and wildlife resources; and to preserve
significant scenic and natural resources while
balancing the public interests with those of
individual property owners in the designated
areas. (Ord. 88-030 § 4, 1988)
18.96.020 Designated areas.
The areas of special flood hazard identified
by the Federal Insurance Administration in a
scientific and engineering report entitled "The
Flood Insurance Study for Deschutes County,
Oregon and Incorporated Areas" dated
August 16, 1988, with accompanying Flood
Insurance Rate Maps is hereby adopted by
reference and incorporated herein by this
Chapter 18.96
0148-1252
reference. The Flood Insurance Study is on
file at the Deschutes County Community
Development Department.
The Flood Plain Zone shall include all areas
designated as "Special Flood Hazard Areas"
by the Flood Insurance Study for Deschutes
County. When base flood elevation data has
not been provided in the Flood Insurance
Study, the Planning Division will obtain,
review and reasonably utilize any base flood
elevation or floodway data available from
federal, state or other sources, in determining
the location of a flood plain or floodway.
(Ord. 88-030 § 4, 1988)
18.96.030 Uses permitted outright.
The following uses and their accessory uses
are permitted outright:
A. Agricultural use conducted without
establishing or utilizing a structure. For
purposes of this paragraph, a "structure" does
not include a boundary fence as long as such
fence is designed to impede as little as
possible the movement of floodwaters and
flood -carried material.
B. Management, propagation and
harvesting of a forest product.
C. Open space.
D. Portions of a residential use that do not
contain structures, such as lawn, garden or
play areas.
E. 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.
F. Class III road or street project.
(Ord. 93-043 § 15, 1993; Ord. 91-020 § 1,
1991; Ord. 88-030 § 4, 1988)
18.96.040 Conditional uses permitted.
The following uses may be allowed subject
to applicable sections of this title:
A. A roadway, bridge or utility structure,
except a landfill, that will not impede the
waters of a base flood subject to chapter
18.128 of this title.
B. Incidental storage of material or
equipment that is either not subject to damage
(11/95)
by flood, or is mobile and readily removable
from the area within time available after flood
warning. If such material is not readily
removable, it shall be anchored to prevent
flotation and shall not obstruct water flow.
Material or equipment stored shall include
only items which will not create a hazard to
the health or safety of persons, property,
animals or plant life should the storage area
be inundated.
C. Single-family dwelling, or a
manufactured home subject to section
18.116.070, on an individual lot. In addition to
the other requirements of this chapter, single-
family dwellings proposed to be sited in areas
of the Flood Plain Zone designated
"Agriculture" on the Comprehensive Plan Map
may be approved only as uses identified by
sections 18.16.030(A), (B), (D) or (E) and
subject to the applicable provisions of chapter
18.16 governing those uses. In addition to the
other requirements of this chapter, single-
family dwellings proposed to be sited in areas
of the Flood Plain Zone designated "Forest"
on the Comprehensive Plan Map may be
approved only as uses identified by sections
18.36.030(Y), 18.040.030(X) or 18.040.030(Y)
and subject to the applicable provision of
chapters 18.36 and 18.40 governing those uses.
D. Agricultural accessory buildings.
E. Hydroelectric facilities subject to
sections 18.116.130 and 18.128.0400.
F. 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). Excavation, grading and
fill within any area of special flood hazard
identified in section 18.96.020 Of this title.
G. Recreational uses requiring only
structures having an insignificant effect on
flood waters, such as golf courses, tennis
courts, driving ranges, archery ranges, picnic
grounds, boat launching ramps, swimming
areas, wildlife or nature preserves, game
farms, fish hatcheries, shooting preserves and
hunting or fishing areas subject to chapter
18.128, except in areas designated "Forest" or
"Agriculture" on the Comprehensive Plan
0148-1253
Map.
H. Subdividing or partitioning of land, any
portion of which is located in a flood plain,
subject to the provisions of this title and
Deschutes County Code Title 17, the
Subdivision/Partition Ordinance.
I. Expansion or substantial improvement
of an existing dwelling, agricultural related
structure or accessory building.
J. A boat dock or pier, either individual or
community, on private property which lies in
the following areas:
1. On the Deschutes River between river
miles 226.4 and 224.5. This area is identified
in the Scenic Waterway Management Plan as
the Wickiup River Community Area;
2. On the Deschutes River between river
miles 217.5 and 216.5. This area is identified
in the Scenic Waterway Management Plan as
the Pringle Falls River Community Area; and
3. On the Deschutes River between river
miles 207 and 192. This area is identified in
the Scenic Waterway Management Plan as
River Community Areas and Recreational
River Area respectively.
K. Those recreational uses described in
section 18.36.030, "F-1 - Conditional Uses,"
having an insignificant effect on flood waters
where the subject Flood Plain -zoned site is
designated by the Comprehensive Plan Map as
"Forest" and is adjacent to land zoned F-1.
L. Those recreational uses described in
section 18.040.030, "F-2 - Conditional Uses,"
having an insignificant effect on flood waters
where the subject Flood Plain -zoned site is
designated by the Comprehensive Plan Map as
"Forest" and is adjacent to land zoned F-2"
(Ord. 95-075 § 1, 1995; Ord. 95-022 § 1, 1995;
Ord. 93-045 § 1, 1993; Ord. 93-002 § 4, 1993;
Ord. 91-038 § 1,1991; Ord. 91-005 § 37,1991;
Ord. 89-009 § 4, 1989; Ord. 88-030 § 4, 1988)
18.96.050 Prohibited uses.
Marinas, boat slips and boat houses on
private property. (Ord. 89-009 § 5, 1989)
Chapter 18.96 2 (11/95)
18.96.060 Limitations on conditional
uses.
The following limitations shall apply to all
uses allowed by section 18.96.040, above:
A. No new construction of a dwelling
(including manufactured housing), accessory
structure or farm use structure shall be
allowed in the floodway of any river or stream
except for replacement in conformance with
the applicable provisions of this chapter of a
dwelling lawfully in existence as of the
effective date of Ordinance 88-030.
B. No new construction of a dwelling
(including manufactured housing), accessory
structure or farm use structure shall be
located in the flood plain unless it can be
demonstrated by the applicant that no
alternative exists on the subject property
which would allow the structure to be placed
outside of the flood plain.
C. No subdivision or partition shall be
allowed which creates the potential for
additional residential dwellings in the flood
plain.
D. All necessary state and federal permits
shall be obtained. (Ord. 95-022 § 1, 1995;
Ord. 93-002 § 5, 1993; Ord. 91-020 § 1, 1991;
Ord. 88-030 § 4, 1988)
18.96.070 Application for conditional
use.
All records of any application for a
conditional use permit and all certification of
elevations shall be maintained in the records
of the Community Development Department
for public inspection. An application for a
conditional use permit in the Flood Plain
Zone shall, at a minimum, contain the
following information:
A. A detailed explanation of why it is
necessary to conduct the proposed use in the
Flood Plain Zone. Where base flood
elevation data is not available from the Flood
Insurance Study or from another authoritative
source, it shall be generated and submitted
with the application for subdivision proposals
and other proposed developments which
contain at least 50 lots or five acres
0148-12`54
(whichever is less).
B. A site plan, drawn to scale and
accompanied by drawings, sketches and
descriptions which describe and illustrate the
proposed use. This site plan shall include, at
a minimum, existing and proposed site
contours in relation to the base flood
elevation, existing and proposed structures,
drainage facilities, and an explanation of how
erosion will be dealt with during and after
construction of the use.
C. The location of the property relative to
the channel of the river or stream.
D. The location of existing and proposed
diking or abutments, if any.
E. The elevation of the lowest habitable
floor and of any basement floor for any
dwelling unit or structure.
F. The elevation to which the structure is
to be floodproofed, if applicable.
G. Elevations on the site plan shall be
established by a licensed surveyor or engineer,
and shall be in relation to mean sea level.
H. Certificationbyaregisteredprofessional
engineer or architect that the floodproofing
methods for any structure meet the
floodproofing criteria established by the
Federal Emergency Management Agency and
the applicable standards in this chapter.
I. A description of the extent to which a
watercourse will be altered or relocated as a
result of the proposed development and an
explanation of how the flood carrying capacity
within the altered or relocated portion of any
watercourse will be maintained.
J. All other elements or information which
will assist in the evaluation of the proposed
development and conformance with the
applicable criteria. (Ord. 95-022 § 1, 1995;
Ord. 93-043 § 15A, 1993; Ord. 91-020 § 1,
1991; Ord. 88-030 § 4, 1988)
18.96.080 Criteria to evaluate
conditional uses.
A. A conditional use permit in a Flood
Plain Zone shall not be approved unless all
standards established by the Federal
Emergency Management Agency and this title
Chapter 18.96 3 (11/95)
are addressed and findings made by the
Hearings Body that each of the standards and
criteria are satisfied.
B. A conditional use permit shall be based
upon findings which relate to the property and
existing and proposed structure(s). They shall
not pertain to the property owner, inhabitants,
economic or financial circumstances.
C. All structures in the flood plain shall
meet the following standards.
1. Anchoring.
a. All new construction and substantial
improvements shall be anchored to prevent
flotation, collapse or lateral movement of the
structure.
b. All manufactured homes must be
anchored to prevent flotation, collapse or
lateral movement, and shall be installed using
methods and practices that minimize flood
damage. Anchoring methods may include, but
are not limited to, use of over -the -top or
frame ties to ground anchors (see FEMXs
"Manufactured Home Installation in Flood
Hazard Areas" guidebook for additional
techniques, on file with the Planning
Division).
2. Construction Materials and Methods.
a. All new construction and substantial
improvements shall be constructed with
materials and utility equipment resistant to
flood damage.
b. All new construction and substantial
improvements shall be constructed using
methods and practices that minimize flood
damage.
c. Electrical, heating, ventilation, plumbing
and air-conditioning equipment and other
service facilities shall be designed and/or
otherwise elevated or located so as to prevent
water from entering or accumulating within
the components during conditions of flooding.
3. Utilities.
a. All new and replacement water supply
systems shall be designed to minimize or
eliminate infiltration of flood waters into the
system.
b. New and replacement sanitary systems
shall be designed to minimize or eliminate
0148-1255
infiltration of floodwaters into the system and
discharge from the system into flood waters.
c. On-site waste disposal systems shall be
located to avoid impairment to them or
contamination from them during flooding.
D. Subdivision and Partition Proposals.
1. All subdivision and partition proposals
shall be consistent with the need to minimize
flood damage.
2. All subdivision and partition proposals
shall have public utilities and facilities such as
sewer, gas, electrical and water systems
located and constructed to minimize flood
damage.
3. All subdivision and partition proposals
shall have adequate drainage provided to
reduce exposure to flood damage.
E. Review of Building Permits. Where
elevation data is not available either through
the Flood Insurance Study or from another
authoritative source, applications for building
permits shall be reviewed to assure that
proposed construction will be reasonably safe
from flooding. The test of reasonableness is
a local judgment and includes use of historical
data, high water marks, photographs of past
flooding, etc., where available. (Failure to
elevate at least two feet above grade in these
zones may result in higher insurance rates.)
F. Specific Standards. In the Flood Plain
Zone, the following requirements must be
met:
1. Residential Construction.
a. New construction, including
replacement, and substantial improvement of
any residential structure shall have the lowest
floor of the entire structure, including
basement, elevated at least one foot above
base flood elevation.
b. Fully enclosed areas below the lower
floor that are subject to flooding are
prohibited unless they are designed to
automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this
requirement must either be certified by a
registered professional engineer or architect or
must meet or exceed the following criteria:
Chapter 18.96 4 (11/95)
i. A minimum of two openings having a
total net area of not less than one square inch
for every square foot of enclosed area subject
to flooding shall be provided.
ii. The bottom of all openings shall be no
higher than one foot above grade.
iii. Openings maybe equipped with screens,
louvers or other coverings or devices, provided
that they permit the automatic entry and exit
of floodwaters.
2. Nonresidential Construction. New
construction and substantial improvement of
any commercial, industrial or other
nonresidential structure shall either have the
lowest floor, including basement, elevated at
least one foot above the level of the base
flood elevation, or, together with attendant
utility and sanitary facilities, shall:
a. Be floodproofed so that below the base
flood level the structure is watertight with
walls substantially impermeable to the passage
of water.
b. Have structural components capable of
resisting hydrostatic and hydrodynamic loads
and effects of buoyancy.
c. Be certified by a registered professional
engineer or architect that the design and
methods of construction are subject to
accepted standards of practice for meeting
provisions of this subsection, based on their
development and/or review of the structural
design, specifications and plans. Such
certifications shall be provided to the county
as set forth in section 18.96.070(H), above.
d. Nonresidential structures that are
elevated, but not floodproofed, must meet the
same standards for space below the lowest
floor as described in section 18.96.080(F),
above.
e. Applicants for floodproofing
nonresidential buildings shall be notified that
flood insurance premiums will be based on
rates that are one foot below the floodproofed
level (e.g. a building constructed to the flood
level will be rated as one foot below that
level).
3. Manufactured Homes. All
manufactured homes to be placed or
0148-1256
substantially improved shall be elevated on a
permanent foundation such that the lowest
floor of the manufactured home is at least one
foot above the base flood elevation. Such
manufactured homes shall be securely
anchored to an adequately anchored
foundation system subject to the provisions of
section 18.96.080(0)(1), above.
4. Docks, Piers and Walkways.
a. No individual boat dock or pier shall be
allowed on any lot with less than 200 feet of
river frontage.
b. No community boat dock or pier shall
be allowed on any lot with less than 100 feet
of river frontage.
c. No individual boat dock or pier shall be
more than 20 feet in length or more than
eight feet in width. The total surface area
shall not exceed 160 square feet.
d. No community boat dock or pier shall
be more than 20 feet in length. The total
surface area shall not exceed 320 square feet.
e. A boat dock or pier shall not extend
into or over the water more than 20 feet as
measured from the ordinary high water mark
(OHM), or five percent of the distance
between the ordinary low water mark (OLM)
on each river or stream bank measured at
right angles to the shoreline, whichever is less,
unless it can be shown that a greater
extension:
L is necessary to allow access to the
OHM;
ii. will not increase flood hazard; and
iii. will not cause the deterioration or
destruction of marine life or wildlife habitat.
When the lines of ordinary high or low water
cannot be determined by survey or inspection,
then such lines shall be determined by a
registered professional engineer using the
annual mean high or low water for the
preceding year, using data from the State of
Oregon Watermaster.
f. Individual boat docks and piers shall
have a minimum five foot setback from
adjoining property boundaries projected over
the water surface.
g. Dock, pier and walkway structures shall
Chapter 18.96 5 (11/95)
not be covered or enclosed.
h. All materials used in dock, pier or
walkway construction must be in compliance
with all DEQ and EPA regulations.
L Docks, piers and walkways shall use
either pilings or styrofoam floats if such floats
are fully enclosed and sealed.
j. Docks, piers and walkways shall not
impede water movement or cause deposition
on waterway beds.
k. Docks, piers and walkways containing
concrete or wood preservatives shall be fully
cured or dried prior to placement in the
water.
1. No walkway shall be more than four
feet in width. The length of the walkway shall
be no more than the minimum required to
allow access to a dock.
m. Walkways shall include at least one
handrail if the structure is elevated 30 inches
or more from ground level.
n. All docks, piers and walkways shall meet
the test of noninterference with navigation.
5. Parking Facilities. No parking facility
shall be located within 20 feet (measured at
right angles) of the ordinary high water mark
(OHM).
G. Floodways. In floodways the following
provisions shall apply:
1. Encroachments, including fill and
removal, replacement of a dwelling lawfully in
existence on the effective date of Ordinance
88-030 and other development are prohibited
unless certification by a registered professional
engineer, is provided demonstrating that the
proposed encroachments will not result in any
increase in flood levels during a base flood
discharge.
2. The applicant must demonstrate that all
necessary state and federal permits have been
or can be obtained and that all other
applicable sections of this title have been
satisfied.
3. Replacement of a dwelling shall not
increase the square footage or foot print of
the structure by more than 20 percent of the
square footage or footprint of such dwelling as
of the effective date of Ordinance 88-030.
4. No replacement of a dwelling shall be
allowed if the use of the preexisting dwelling
has been abandoned or otherwise terminated
for a period of over one year. (Ord. 95-075 §
1, 1995; Ord. 95-022 §1, 1995; Ord. 93-043 §
15B, 1993; Ord. 93-002 §§ 6-8,and 9, 1993;
Ord. 91-020 § 1,1991; Ord. 89-009 § 7, 1989;
Ord. 88-030 § 4, 1988)
18.96.085 Elevation certification.
Elevation of all new construction, including
replacement and substantial improvements,
relative to mean sea level of the lowest floor
shall be documented before the framing
inspection with a survey certified by a State of
Oregon registered professional engineer or
land surveyor. (Ord. 95-022 § 1, 1995; Ord.
93-002 § 10, 1993)
18.96.090 Yard and setback
requirements.
In an FP Zone, the following yard and
setback requirements shall be maintained:
A. The front setback shall be a minimum
of 20 feet from a property line fronting on a
local street, 30 feet from a property line
fronting on a collector and 50 feet from an
arterial.
B. There shall be a minimum side yard of
10 feet for all uses.
C. The minimum rear yard shall be 20 feet.
D. The setback from a north lot line shall
meet the solar setback requirements in section
18.116.180.
E. The minimum yard setback for a
nonfarm use from the property line adjacent
to a farm use not owned by the applicant shall
be 100 feet.
F. 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 the[is title]
Deschutes County Code shall be met. (Ord.
95-075 § 1,1995; Ord. 94-008 § 25,1994; Ord.
88-030 § 4, 1988)
Chapter 18.96 6 (11/95)
18.96.100 Stream setback.
To permit better light, air, vision, stream
and pollution control, to protect fish and
wildlife areas and to preserve the natural
scenic amenities along streams and lakes, the
following setbacks shall apply:
A. All sewage disposal installations such as
septic tanks or septic drainfields shall be
setback from the 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
practical difficulties preclude the location of
the facilities at a distance of 100 feet, and the
County Sanitarian finds that a closer location
will not endanger public health or safety, a
setback exception may be permitted to locate
these facilities closer to the stream or lake,
but in no case closer than 25 feet.
B. All structures, buildings or similar
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 from the ordinary high water mark.
(Ord. 91-020 § 1,1991; Ord. 88-030 § 4, 1988)
18.96.110 Dimensional standards.
In an FP Zone, the following dimensional
standards shall apply:
A. Lot Coverage. The main building and
accessory buildings located on any building
site or lot shall not cover in excess of 30
percent of the total lot area.
B. Building Height. No nonagricultural
building or structure shall be erected or
enlarged to exceed two stories or more than
30 feet in height.
C. Minimum lot size shall be 10 acres for
all areas which have received an exception to
the Statewide Planning Goals for resource
uses. Areas which have not received an
exception to the Statewide Planning Goals
shall have a minimum lot size of 80 acres.
(Ord. 92-055 § 8, 1992)
18.96.120 Warning and disclaimer of
liability.
The degree of flood protection required by
0148-1258
this title is considered reasonable for
regulatory purposes and is based upon
scientific and engineering considerations.
Larger floods can and will occur on rare
occasions. Flood heights may be increased by
man-made or natural causes. This title shall
not create liability on the part of Deschutes
County, any officer, agent or employee
thereof, or the Federal Insurance
Administration, for any flood damages that
result from reliance on this title or any
decision lawfully made hereunder. (Ord. 88-
030 § 4, 1988)
18.96.130 Use variances.
Use variances or variances to the standards
established by sections 18.96.060 and 18.96.080
shall not be allowed. (Ord. 88-030 § 4, 1988)
Chapter 18.96 7 (11/95)
Chapter 18.100
RURAL INDUSTRIAL - R -I ZONE
Sections:
18.100.010
Purpose.
18.100.020
Uses permitted outright.
18.100.030
Conditional uses.
18.100.040
Use limitations.
18.100.050
Dimensional standards.
18.100.060
Stream setbacks.
18.100.070
Off-street parking and loading.
18.100.080
Site design.
18.100.090
Design and use criteria.
18.100.100
Additional requirements.
18.100.110
Solar setback.
18.100.120
Rimrock setback.
In an R -I Zone, the following regulations
shall apply:
18.100.010 Purpose.
The purposes of the Rural Industrial Zone
are to encourage employment opportunities in
rural areas and to promote the appropriate
economic development of rural service centers
which are rapidly becoming urbanized and
soon to be full-service incorporated cities,
while protecting the existing rural character of
the area as well as preserving or enhancing
the air, water and land resources of the area.
(Ord. 91-020 § 1, 1991)
18.100.020 Uses permitted outright.
In an R -I Zone, the following uses and their
accessory uses are permitted outright except
as limited by section 18.100.040, below, and
unless located within 600 feet from a
residential dwelling, a lot within a platted
subdivision or a residential zone.
A. Farming.
B. Residence for caretaker or night
watchman on property.
C. Freight depot.
D. Contractor's or building materials
business and other construction -related
business including plumbing, electrical, roof,
Chapter 18.100
0148-1259
siding, etc., provided such use is wholly
enclosed within a building or no outside
storage is permitted unless enclosed by sight -
obscuring fencing.
E. Ice or cold storage plant.
F. Wholesale distribution outlet including
warehousing, but excluding open outside
storage.
G. Welding, sheet metal or machine shop
provided such is wholly enclosed within a
building or all outside storage is enclosed by
sight -obscuring fencing.
H. Veterinary clinic or kennel.
I. Laboratory for experiment, research or
testing.
J. Compounding, packaging and storage of
cosmetics, drugs, perfumes, pharmaceuticals,
soap or toiletries excluding all processes
involving refining or rendering of fats and oils.
K. Government buildings including
armories and maintenance, repair or storage
facilities provided all outside storage is
enclosed by sight -obscuring fencing.
L. Manufacture, repair or storage of
ceramic products, musical instruments,
novelties, rubber or metal stamps, toys, optical
goods, scientific or electronic supplies and
equipment, business machines, pleasure boats,
furniture, signs and similar operations
provided no outside storage is involved.
M. Processing, packaging and storage of
food and beverages excluding those requiring
distillation, fermentation, rendering of fats or
oils, or slaughtering.
N. Lumber manufacturing and wood
processing except pulp and paper
manufacturing.
O. Electrical substations.
P. 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.
Q. Class III road or street project.
(Ord. 93-043 § 16, 1993; Ord. 91-038 § 1,
1991)
18.100.030 Conditional uses.
The following uses may be allowed subject
(11/95)
to chapter 18.128 of this title:
A. Any use permitted by section
18.100.020, above, which is located within 600
feet of a residential dwelling, a lot within a
platted subdivision or a residential zone.
B. Public or semipublic use.
C. Manufacture, repair, rental, sales,
servicing, and storage of machinery,
implements, equipment, trailers or
manufactured homes.
D. Any use permitted by section
18.100.020, above, which involves open
storage.
E. Concrete or ready -mix plant.
F. Petroleum products storage and
distribution.
G. Storage, crushing and processing of
minerals, including the processing of aggregate
into asphaltic concrete or Portland Cement
Concrete.
H. Commercial feedlot, stockyard, sales
yard, slaughterhouse and rendering plant.
I. Railroad trackage and related facilities.
J. Pulp and paper manufacturing.
K. Agricultural products storage and
processing plants.
L. Any use permitted by section
18.100.020, above, which is expected to exceed
the following standards:
1. Lot coverage in excess of 70 percent.
2. Need for more than one acre of land.
3. Generation of any odor, dust, fumes,
glare, flashing lights or noise that is
perceptible without instruments 500 feet from
the property line of the subject use.
M. Manufacture, repair or storage of
articles manufactured from bone, cellophane,
cloth, cork, feathers, felt, fiber, glass, stone,
paper, plastic, precious or semiprecious stones
or metal, wax, wire, wood, rubber, yarn or
similar materials, provided such uses do not
create a disturbance because of odor, noise,
dust, smoke, gas, traffic or other factors.
N. Plant nursery or greenhouse.
O. Landfill when a written tentative
approval by DEQ of the site is submitted with
the conditional use application.
P. Hydroelectric facility, subject to sections
Chapter 18.100
0148-1"160
18.116.130 and 18.128.040(V).
Q. Mini -storage facility.
R. Automotive wrecking yard totally
enclosed by a sight -obscuring fence.
S. 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 § 1, 1991;
Ord. 91-020 § 1,1991; Ord. 90-014 § 38,1990;
Ord. 86-018 § 15, 1986)
18.100.040 Use limitations.
In an R -I Zone, the following limitations
and standards shall apply to all permitted and
conditional uses:
A. No use that requires a lot area
exceeding 9,000 square feet shall be permitted
to locate adjacent to an existing residential
dwelling, a lot in a platted subdivision or a lot
in a residential zone.
B. No use expected to generate more than
30 truck -trailer or other heavy equipment trips
per day to and from the subject property shall
be permitted to locate on a lot adjacent to or
across a street from a residential dwelling, a
lot in a platted subdivision or a residential
zone.
C. No use shall be permitted that generates
more than 20 auto or truck trips during the
busiest hour of the day to and from the
premises unless served directly by an arterial
or collector or other improved street or road
designed to serve the industrial use which
does not pass through or adjacent to
residential lots in a platted subdivision or a
residential zone.
D. Any use on a lot adjacent to or across
the street from a residential dwelling, a lot in
a platted subdivision or a residential zone
shall not emit odor, dust, fumes, glare,
flashing lights, noise, or similar disturbances
perceptible without instruments more than 200
feet in the direction of the affected residential
use or lot.
E. All parking demand created by any use
permitted by this section shall be
accommodated on the applicant's premises
entirely off-street.
2 (11/95)
F. No use permitted by this section shall
require the backing of traffic onto a public or
private street or road right of way.
G. There shall be only one ingress and one
egress from properties accommodating uses
permitted by this section per each 300 feet or
fraction thereof of street frontage. If
necessary to meet this requirement, permitted
uses shall provide for shared ingress and
egress.
H. All uses permitted by this section shall
be screened from adjoining residential uses by
a sight -obscuring fence.
I. No use shall be permitted to operate for
business between the hours of 11:00 p.m. and
7:00 a.m. if located adjacent to or across the
street from a residential dwelling, a lot in a
platted subdivision or a residential zone except
as approved by the County Sheriff.
J. No use shall be permitted which has
been declared a nuisance by state statute,
county ordinance or a court of competent
jurisdiction. No use requiring contaminant
discharge permits shall be approved by the
Planning Director or Hearings Body prior to
review by the applicable state or federal
permit -reviewing authority, nor shall such uses
be permitted adjacent to or across a street
from a residential use or lot. (Ord. 91-020 §
1, 1991)
18.100.050 Dimensional standards.
In an R -I Zone, the following dimensional
standards shall apply:
A. The minimum lot size shall be
determined subject to the provisions of this
section relative to setback requirements, off-
street parking and loading, and as deemed
necessary by the Planning Director or
Hearings Body to maintain air, water and land
resource quality and to protect adjoining and
area land uses.
B. No use permitted by this section that is
located adjacent to or across the street from a
residential use or lot in a platted subdivision
residential zone shall exceed 70 percent lot
coverage by all buildings, storage areas or
facilities and required off-street parking and
Chapter 18.100
0148-1261
loading area.
C. The minimum building setback between
a structure and a street, road or railroad right
of way line shall be 50 feet unless a greater
setback is required for compliance with
Comprehensive Plan policies.
D. The minimum setback between a
structure and a property line adjoining a
residential lot or use shall be 50 feet.
E. The minimum setback between a
structure and an existing use shall be three
feet from the property line and at least six
feet from a structure on the adjoining
property.
F. The maximum building height for any
structure shall be 25 feet on any lot adjacent
to or across a street from a residential use or
lot and 45 feet on any other lot.
G. The minimum lot frontage shall be 50
feet.
H. 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 the[is title]
Deschutes County Code shall be met. (Ord.
95-075 § 1,1995; Ord. 94-008 § 26, 1994; Ord.
91-020 § 1, 1991)
18.100.060 Stream setbacks.
To permit better light, air, vision, stream
pollution control, protect fish and wildlife
areas and preserve the natural scenic
amenities 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 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 practical
difficulties preclude the location of the
facilities at a distance of 100 feet and the
County Sanitarian finds that a closer location
will not endanger 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.
3 (11/95)
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)
18.100.070 Off-street parking and loading.
Off-street parking and loading shall be
provided subject to the provisions of this
section and chapter 18.116.
18.100.080 Site design.
The site design of any use shall make the
most effective use reasonably possible of the
site topography, existing landscaping, and
building placement to preserve existing trees
and natural features, vistas and other views
from public ways, minimize visibility of
parking, loading and storage areas from public
ways and neighboring residential uses and
minimize intrusion into the character of
existing development in the immediate vicinity
of the proposed use. (Ord. 91-020 § 1, 1991)
18.100.090 Design and use criteria.
In the consideration of an application for a
proposed use in an R -I Zone, the Planning
Director or Hearings Body shall take into
account the impact of the proposed use on
nearby residential and commercial uses, on
resource carrying capacities and on the
capacity of transportation and other public
facilities and services. To approve a proposed
use, the Planning Director or Hearings Body
shall find that:
A. The proposal is in compliance with the
Comprehensive Plan.
B. The proposal is in compliance with the
intent and provisions of this title.
C. That any adverse social, economical,
physical or environmental impacts are
minimized. (Ord. 91-020 § 1, 1991)
18.100.100 Additional requirements.
As a condition of approval of any use
proposed within an R -I Zone, the Planning
Director or Hearings Body may require:
01��-��.��N
A. An increase in required setbacks.
B. Additional off-street parking and
loading facilities.
C. Limitations on signs or lighting, hours of
operation, and points of ingress and egress.
D. Additional landscaping, screening and
other improvements. (Ord. 91-020 § 1, 1991)
18.100.110 Solar setback.
The setback from the north lot line shall
meet the solar setback requirements in section
18.116.180. (Ord. 91-020 § 1, 1991; Ord. 83-
037 § 20, 1983)
18.100.120 Rimrock setback.
Setbacks from rimrock shall be as provided
in section 18.116.160. (Ord. 86-053 § 18,
1986)
Chapter 18.100 4 (11/95)
Chapter 18.104
RESEARCH AND DEVELOPMENT
R&D ZONE
Sections:
18.104.010
Purpose.
18.104.020
Uses permitted outright.
18.104.030
Uses permitted conditionally.
18.104.040
Use limitations.
18.104.050
Dimensional standards.
18.104.060
Stream setback.
18.104.070
Off-street parking and loading.
18.104.080
R&D -Site design.
18.104.090
Design and use criteria.
18.104.100
Additional requirements.
18.104.110
Rimrock setback.
In an R&D Zone, the following regulations
shall apply:
18.104.010 Purpose.
The purpose of the Research and
Development Zone is to allow research and
development facilities requiring a more rural,
nonindustrial location to be located in
designated areas of the county and encourage
employment opportunity within the county
while protecting the rural character of the
area, as well as preserving or enhancing the
air, water and land resources of the area.
(Ord. 91-020 § 1, 1991)
18.104.020 Uses permitted outright.
The following uses and their accessory uses
are permitted outright:
A. Farming, except for livestock feed lot or
sales yard, hog or mink farms.
B. Office buildings.
C. Research and development laboratories.
D. Residence for caretaker or night
watchman on property with existing research
and development use.
E. 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 of
Chapter 18.104
011is 1463
the County Code.
F. Class III road or street project. (Ord.
93-043 § 17, 1993)
18.104.030 Uses permitted conditionally.
The following uses may be allowed subject
to chapter 18.128 of this title:
A. Manufacturing and assembly of
electronic instruments and equipment and
electrical devices.
B. Manufacturing and assembly of
precision instruments, tools or devices.
C. Manufacturing of medicines and
pharmaceuticals.
D. Limited incidental manufacture of a
research product.
E. Restaurant and cafeteria facilities for
employees.
F. 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 § 1, 1991;
Ord. 91-020 § 1, 1991)
18.104.040 Use limitations.
The following limitations and standards shall
apply to all permitted uses:
A. Any use on a lot adjacent to or across a
street from a residential use or lot in a platted
subdivision or residential zone shall not emit
odor, dust, fumes, glare, flashing lights, noise
or other similar disturbances perceptible
without instruments more than 200 feet in the
direction of the affected residential use or lot.
B. All parking demand created by any use
permitted by this section shall be
accommodated on the applicant's premises
entirely off-street.
C. No use permitted by this section shall
require the backing of traffic onto a public or
private street or road right of way.
D. There shall be only one ingress.
E. All uses shall be screened from
adjoining residential uses by densely planted
trees and shrubs or sight -obscuring fencing.
F. No use shall be permitted to operate
between the hours of 11:00 p.m. and 7:00 a.m.
if located adjacent to or across the street from
(11/95)
a residential use or lot in a platted subdivision
or residential zone if the use creates noise in
violation of the County Noise Ordinance
except as provided by section 8.08.090(A) of
the County Code.
G. No use shall be permitted which has
been declared a nuisance by state statute,
county ordinance or court of competent
jurisdiction. No use requiring contaminant
discharge permits shall be approved by the
Planning Director or Hearings Body prior to
review by the applicable state or federal
permit -reviewing authority, nor shall such uses
be permitted adjacent to or across the street
from a residential use or lot. (Ord. 93-043 §§
17A and 1713, 1993; Ord. 91-020 § 1, 1991)
18.104.050 Dimensional standards.
In an R&D Zone, the following dimensional
standards shall apply:
A. The minimum lot size shall be
determined subject to the provisions of this
section relative to setback requirements, off-
street parking and loading, and as deemed
necessary by the Planning Director or
Hearings Body, to maintain air, water and
land resource quality and to protect adjoining
and area land uses.
B. No use which is located adjacent to or
across a street from a residential use or lot in
a platted subdivision or residential zone shall
exceed more than 70 percent lot coverage by
all buildings, storage areas or facilities, and
required off-street parking and loading areas.
C. The minimum building setback between
a structure and a street, road or railroad right-
of-way line shall be 50 feet unless a greater
setback is required for compliance with
Comprehensive Plan policies.
D. The minimum setback between a
structure and a property line adjoining a
residential lot or use in a platted subdivision
or residential zone shall be 50 feet.
E. The minimum setback between a
structure and an existing use shall be three
feet from the property line and six feet from
a structure on the adjoining property.
F. The maximum building height shall be
0148-1264
25 feet on any lot adjacent to or across the
street from a residential use or lot in a platted
subdivision or residential zone and 45 feet on
any other lot.
G. The minimum lot frontage shall be 50
feet.
H. The setback from the north lot line shall
meet the solar setback requirements in section
18.116.180.
I. 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 the[is title]
Deschutes County Code shall be met. (Ord.
95-075 § 1,1995; Ord. 94-008 § 27,1994; Ord.
91-020 § 1, 1991; Ord. 83-037 § 21, 1983)
18.104.060 Stream setback.
To permit better light, air, vision, stream
pollution control, protect fish and wildlife
areas and to preserve natural scenic amenities
and vistas along streams and lakes, the
following 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 practical
difficulties preclude the location of the
facilities at a distance of 100 feet and the
County Sanitarian finds that a closer location
will not endanger 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 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)
18.104.070 Off-street parking and loading.
Off-street parking and loading shall be
provided subject to the provisions of this
Chapter 18.104 2 (11/95)
section and chapter 18.116. (Ord. 91-020 § 1,
1991)
18.104.080 R&D Site design.
The site design of any permitted use shall
make the most effective use reasonably
possible of the site topography, existing
landscaping and building placement so as to
preserve existing trees and natural features,
preserve vistas and other views from public
ways and neighboring residential uses and to
minimize intrusion into the character of
existing developments in the immediate
vicinity of the proposed use. (Ord. 93-043 §
17(C),1993)
18.104.090 Design and use criteria.
In the consideration of an application for a
proposed use, the Planning Director or
Hearings Body shall take into account the
impact of the proposed use on nearby
residential and commercial uses, on resource
carrying capacities and on the capacity of
transportation and other public facilities and
services. In approving a proposed use, the
Planning Director or Hearings Body shall find
that:
A. The proposal is in compliance with the
Comprehensive Plan.
B. The proposal is in compliance with the
intent and provisions of this title.
C. That any adverse social, economical,
physical or environmental impacts are
minimized. (Ord. 91-020 § 1, 1991)
18.104.100 Additional requirements.
As a condition of approval, the Planning
Director or Hearings Body may require:
A. An increase in required setbacks.
B. Additional off-street parking and
loading facilities.
C. Limitations on signs or lighting, hours of
operation, and points of ingress and egress.
D. Additional landscaping, screening and
other improvements.
E. Any other conditions considered
necessary to achieve compliance with the
intent and purposes of this title and policies of
Chapter 18.104
0148-1-265
65
the Comprehensive Plan.
(Ord. 91-020 § 1, 1991)
18.104.110 Rimrock setback.
Setbacks from rimrock shall be as provided
in section 18.116.160. (Ord. 86-053 § 19,
1986)
3 (11/95)
Chapter 18.108
PLANNED COMMUNITY - PC ZONE
Sections:
18.108.010
Purpose.
18.108.020
Districts permitted in a PC
zone.
18.108.030
Site plan review.
18.108.040
Owners association.
18.108.050
Approval of a PC zone.
18.108.060
Amendment of a development
plan.
In a PC Zone, the following regulations
shall apply:
18.108.010 Purpose.
Purpose of the Planned Community Zone is
to provide standards and review procedures
for the development of planned communities
in Deschutes County. (Ord. 91-020 § 1, 1991)
18.108.020 Districts permitted in a PC
zone.
In a PC Zone, the following districts shall
be established subject to the terms of the
Master Plan.
A. Single -Family Residential - RS District.
1. Permitted Uses. The following uses and
their accessory uses are permitted outright:
a. Single-family dwelling.
b. One private garage for each dwelling
unit.
c. Other accessory uses and buildings and
structures customarily appurtenant to a
permitted use.
2. Conditional Uses. The following uses
may be permitted subject to chapter 18.128 of
this title and a conditional use permit:
a. Parks and recreation facilities, fire
stations, libraries, museums; but not including
storage or repair yards, warehouses or similar
uses.
b. Recreation facilities, including
swimming pools and tennis clubs for the
private use of individuals or groups of
614E8-1266
individuals.
c. Utility substations or pumping stations
with no equipment storage and sewage
treatment facilities.
d. Temporary subdivision tract office.
e. Community building or church.
f. 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).
3. Height Regulations. No building or
structure shall be hereafter erected, enlarged
or structurally altered to exceed 30 feet in
height.
4. Lot Requirements. The following lot
requirements shall be observed, provided that
the Planning Director or Hearings Body may
allow smaller lots approved pursuant to this
title and consistent with the Comprehensive
Plan designations for preservation of forested
area or significant rock outcroppings when
these lots are internal to the subdivision or
after a hearing if they are located on the edge
of the new plat.
a. Lot Area. Every lot shall have a
minimum area of 6,000 square feet.
b. Lot Width. Every lot shall have a
minimum average width of 60 feet, except that
a corner lot shall be a minimum of 70 feet.
c. Frontage. Every lot shall have a
minimum width at the street of 50 feet, except
that on an approved cul-de-sac this may be
reduced to 30 feet.
d. Front Yard. The front yard shall be a
minimum of 20 feet.
e. Side Yard. A side yard shall be a
minimum of five feet.
f. Rear Yard. A rear yard shall be a
minimum of five feet provided, however, that
if there is common property adjoining the rear
yard, the setback may be reduced six inches
for each foot of common property exceeding
10 feet.
g. Lot Coverage. Maximum lot coverage
by buildings and structures shall be 35 percent
of the lot area.
h. The setback from the north lot line shall
meet the solar setback requirements in section
Chapter 18.108 1 (11/95)
18.116.180(B)(2), South Roof Protection
Standard.
5. Rimrock Setback. Setbacks from
rimrock shall be as provided in section
18.116.160.
B. Multiple Family Residential - RM
District.
1. Permitted Uses. The following uses and
their accessory uses are permitted outright:
a. Two-family dwelling or duplex.
b. Multiple -family dwellings, apartment
houses and dwelling groups including
townhouses and condominiums.
c. Permitted uses in an RS District.
d. Planned unit developments subject to
site plan review.
2. Conditional Uses. The following
conditional uses may be permitted subject to
chapter 18.128 of this title and a conditional
use permit.
a. Parks and recreation facilities, fire
stations, libraries, museums; but not including
storage or repair yards, warehouses and
similar uses.
b. Utility substations or pumping stations
with no equipment storage and no sewage
treatment facilities.
c. Off-street parking lots when contiguous
to a less restrictive zoning district.
d. Building over 30 feet in height.
e. Community building.
f. Temporary sales office for on-site
dwelling units.
g. Time-share unit or the creation thereof.
h. 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).
3. Height Regulations. No building or
structure shall be hereafter erected, enlarged
or structurally altered to exceed a height of 30
feet without a conditional use permit.
4. Lot Requirements. The following lot
requirements shall be observed:
a. Duplexes, threeplexes and fourplexes:
i. Lot Area. Every lot shall have a
minimum area of 5,000 square feet for the
first dwelling unit, plus the following minimum
014E8-1267
unit square footages based upon the number
of bedrooms per additional dwelling unit in
the following table:
Studio or
Efficiency 750 sq. ft.
1 Bedroom 1,000 sq. ft.
2 Bedrooms 1,500 sq. ft.
3 Bedrooms 2,250 sq. ft.
4 Bedrooms 2,500 sq. ft.
The overall density shall not exceed one
dwelling unit per 2,000 square feet of lot area.
ii. Lot Width. Every lot shall have a
minimum average width of 50 feet.
iii. Frontage. Every lot shall have a
minimum width at the street of 50 feet, except
that on an approved cul-de-sac this may be
reduced to 30 feet.
iv. Front Yard. The front yard shall be
a minimum of 10 feet.
V. Side Yard. There shall be a
minimum side yard of five feet and the sum of
the side yards shall be a minimum of 15 feet.
The side yards shall be increased by one-half
foot for each foot by which the building height
exceeds 15 feet.
vi. Rear Yard. There shall be a rear
yard having a depth of not less than five feet.
The rear yard shall be increased by one-half
foot for each foot by which the building height
exceeds 15 feet.
vii. Lot Coverage. Maximum lot
coverage by buildings and structures shall be
40 percent of the total lot area.
viii. The setback from the north lot line
shall meet the solar setback requirements in
section 18.116.180.
b. Townhouses, condominiums, zero lot
line dwellings and apartments:
L There shall be no minimum lot area for
apartments, townhouses, condominium
developments or planned unit developments
provided, however, that the overall density
shall not exceed one dwelling per 2,000 square
feet of land area.
ii. Setbacks. Yard setbacks, lot widths and
lot coverage shall be determined at the time
of site plan approval.
c. Single Family Residences.
Chapter 18.108 2 (11/95)
i. Lot widths, yard setbacks and lot
coverage shall be the same as provided in the
RS District.
5. Off -Street Parking. Off-street parking
shall be provided for two cars per dwelling
unit.
6. Rimrock Setback. Setbacks from
rimrock shall be as provided in section
18.116.160.
7. Planned Unit Developments.
a. There shall be no minimum lot area for
planned unit developments provided, however,
that the overall density shall not exceed the
density established by the Master Plan or the
Deschutes County Zoning Ordinance.
b. Setbacks. Yard setbacks, lot widths and
lot coverage shall be determined at the time
of site plan review.
c. The system of ownership and the means
of developing, preserving and maintaining
open space shall be adequate.
d. A phasing plan and documentation of
sufficient funding shall be submitted during
site plan review to ensure completion of the
project.
e. Uses within the planned unit
development shall be established by the
Master plan for the RM District.
C. Commercial - C District.
1. Permitted Uses. The following uses and
their accessory uses are permitted outright in
the C District.
a. Ambulance service.
b. Antique shop.
c. Appliance sales (household), including
minor repairs.
d. Art galleries, libraries and reading
rooms.
e. Artist supplies and picture framing.
f. Auto parts sales (new).
g. Bakery, retail.
h. Bank or other financial institution.
i. Barber shop.
j. Beauty shop.
k. Book or stationery store.
1. Bicycle shop.
m. Churches.
n. Clothing store or tailor shop.
0148-110<66
o. Clothes cleaning pick-up agency, clothes
cleaning agency using nonflammable cleaning
agents, including self-service cleaning or
laundry establishment.
p. Confectionery or delicatessen.
q. Dairy products, sales only.
r. Drug store, including soda fountain.
s. Dry goods store, millinery shop, dress
shop.
t. Florist shop.
u. Food store.
v. Frozen food locker, excluding wholesale
storage.
w. Furniture store.
x. Garden supply store.
y. Gift shop, notion or variety store.
z. Hardware store or paint store.
aa. Health food store.
bb. Hobby shop.
cc. Home furnishings.
dd. Jewelry store.
ee. Leather goods and luggage.
ff. Musical instruments.
gg. Office - business or professional, not
including the retail sale of goods.
hh. Pet shop.
ii. Photographic supplies and studio.
jj. Radio and television sales and service.
kk. Radio and television broadcasting
studios and facilities, except towers.
11. Restaurant, bar and cocktail lounge,
including entertainment.
mm. Shoe store, shoe repair shop.
nn. Service station.
oo. Toy store.
pp. Upholstery shop.
qq. Technical and business schools.
rr. Accessory uses and buildings
customarily appurtenant to a permitted use,
such as incidental storage, are permitted.
ss. Bus stop.
tt. Catering establishment.
uu. Crafts in conjunction with retail sales
(occurring on premises, such as stained
glass/pottery, etc.)
w. Floor covering store.
ww. Interior decorating.
xx. Musical instruments/record store.
Chapter 18.108 3 (11/95)
yy. Liquor store.
zz. Medical and dental clinic, office and
laboratory.
aaa. Meat and seafood market, including
a butcher shop for on-site sales.
bbb. Printer, blueprinting, photocopying
and other reproduction processes.
ccc. Sporting goods store.
ddd. Telephone exchange.
eee. Travel agency.
fff. Wine/cheese store.
ggg. Video movie rental.
hhh. Real estate sales office.
2. Conditional Uses. The following
conditional uses may be permitted subject to
chapter 18.128 of this title and a conditional
use permit.
a. Residential dwelling units consistent
with the master plan of the planned
community subject to the standards of the RM
District.
b. Bowling alley.
c. Car wash.
d. Dancing or music school, nursery
school, kindergarten and day-care facility.
e. Department store.
f. Drive-in restaurant.
g. Public buildings and public utility
buildings and structures as may be
appropriate.
h. Club, lodge or fraternal organization.
i. Commercial off-street parking lot.
j. Theater.
k. Veterinary clinic or kennel operated
entirely within an enclosed building.
1. Minor automotive repair, battery and
tire store, provided the business is wholly
conducted within an enclosed building and all
waste or used parts are removed from the
premises each day.
m. Bus passenger station.
n. Time-share unit or the creation thereof.
o. Miniature golf.
p. 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).
q. In-line skating track.
0148-1269
3. Special Conditions. The above
permitted or conditional uses shall not involve
the transport of chemicals which would
present a significant hazard.
4. Height Regulations. No building or
structure shall be hereafter erected, enlarged
or structurally altered to exceed a height of 40
feet.
5. Lot Requirements. The following lot
requirements shall be observed:
a. Lot Area. No requirements.
b. Lot Width. No requirements.
C. Lot Depth. 100 feet.
d. Front Yard. The front yards shall be a
minimum of 10 feet.
e. Side Yard. None, except when a side
lot line is adjoining a lot in an R District, and
then the side yard shall be a minimum of 10
feet. The required side yards shall be
increased by one-half foot for each foot by
which the building height exceeds 20 feet.
f. Rear Yard. None, except when a rear
lot line is adjoining a lot in an RS or RM
District, and then the rear yard shall be a
minimum of 10 feet. The required rear yard
shall be increased by one-half foot for each
foot by which the building height exceeds 20
feet.
g. Lot Coverage. No requirements.
6. Off -Street Parking and Loading. Off-
street parking and loading space shall be
provided as required in chapter 18.116.
7. Rimrock Setback. Setbacks from
rimrock shall be as provided in section
18.116.160.
D. Resort - R District.
1. Permitted Uses. The following uses and
their accessory uses are permitted outright in
the R District:
a. Restaurant, bar and cocktail lounge,
including entertainment.
b. Convention facilities.
c. Meeting rooms.
d. Recreational facilities commonly
associated with resort developments, including
but not limited to swimming pools, tennis
courts, golf courses, putting greens, nature
centers, boat docks, equestrian facilities and
Chapter 18.108 4 (11/95)
equipment rental facilities.
e. On-site sales of equipment and
accessories directly related and customarily
appurtenant to existing recreational facilities.
f Property sales offices operated by the
developer.
g. Lodge facilities, except overnight
accommodations.
h. Maintenance facilities associated with
the resort development.
2. Conditional Uses. The following
conditional uses may be permitted subject to
chapter 18.128 of this title and a conditional
use permit:
a. Residential dwelling unit in conjunction
with a permitted use.
b. Public buildings and public utility
buildings and structures as they may be
appropriate to the R Zone.
c. Church, club or fraternal organization.
d. Storage buildings necessary for resorts
and/or property development.
e. Motel, hotel and lodge facilities with
overnight accommodations.
f Retail sales commonly associated with
outright permitted uses in the R District.
g. Schools.
h. Buildings over 30 feet in height.
i. Time-share unit or the creation thereof.
j. 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).
3. Lot Requirements. The following lot
requirements shall be observed:
a. Lot Area. No requirements.
b. Lot Width. No requirements.
c. Lot Depth. 100 feet.
d. Front Yard. The front yard shall be a
minimum of 10 feet.
e. Side Yard. None, except when a side
lot line is adjoining a lot in an RS or RM
District, and then the side yard shall be a
minimum of 10 feet. The required side yard
shall be increased by one-half foot for each
foot by which the building height exceeds 20
feet.
f. Rear Yard. None, except when a rear
0148-1270
lot line is adjoining a lot in an RS or RM
District, and then the rear yard shall be a
minimum of 10 feet. The required rear yard
shall be increased by one-half foot for each
foot by which the building height exceeds 20
feet.
g. Lot Coverage. No requirements.
4. Off -Street Parking and Loading. Off-
street parking and loading space shall be
provided as required in chapter 18.116.
5. Rimrock Setback. Setbacks from
rimrock shall be as provided in section
18.116.160.
E. Industrial - I District.
1. Permitted Uses. The following uses are
permitted in the I [Zone] District:
a. Existing residential uses, without any
increase in density.
b. Scientific research or experimental
development of materials, methods or
products, including engineering and laboratory
research.
c. Administrative, educational and other
related activities and facilities in conjunction
with a permitted use.
d. Light manufacturing, assembly,
fabricating or packaging of products from
previously prepared materials, such as cloth,
plastic, paper, leather, precious or
semiprecious metals or stones.
e. Manufacture of food products,
pharmaceuticals and the like, but not
including the production of fish or meat
products or fermented foods, such as
sauerkraut, vinegar or the like, or the
rendering of fats or oils.
f Other similar uses which the
commission may find to be similar to those
listed as permitted in the zone and which are
not inconsistent with the purpose of this zone.
g. Accessory uses and buildings
customarily appurtenant to a permitted use,
such as incidental storage, are permitted.
2. Conditional Uses. The following
conditional uses may be permitted subject to
chapter 18.128 of this title and a conditional
use permit.
a. Public buildings and public utility
Chapter 18.108 5 (11/95)
structures and yards, including railroad yards.
b. Warehouses and distribution uses which
the commission finds not to be inconsistent
with the purpose of this zone and which will
not impair present or potential use of adjacent
properties.
c. Buildings over 45 feet in height.
d. A dwelling unit for a caretaker or
watchman working on the property.
e. Commercial uses which are consistent
with the Planned Communities Master Plan
and which will not conflict with the uses
permitted within the I Zone.
f. Hydroelectric facility, subject to sections
18.116.130 and 18.128.040(V).
g. 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).
3. Height Regulations. No building or
structure shall be hereafter erected, enlarged
or structurally altered to exceed a height of 45
feet without conditional use permit.
4. Lot Requirements. The following lot
requirements shall be observed:
a. Lot Area. No requirements.
b. Lot Width. No requirements.
c. Lot Depth. Each lot shall have a
minimum depth of 100 feet.
d. Front Yard. The front yard shall be a
minimum of 25 feet.
e. Side Yard. No side yard required,
except when adjoining a lot in an RS or RM
District and then the required side yard shall
be 50 feet. No side yards are required on the
side of a building adjoining a railroad right of
way.
f. Rear Yard. No rear yard required,
except when adjoining a lot in an RS or RM
District and then the rear yard shall be 50
feet. No rear yard is required on the side of
a building adjoining a railroad right of way.
g. Lot Coverages. The maximum lot
coverage by buildings and structures shall be
50 percent of the total lot area.
5. Off -Street Parking and Loading. Off-
street parking and loading space shall be
provided as required in chapter 18.116.
0148-1271.
6. Rimrock Setback. Setbacks from
rimrock shall be as provided in section
18.116.160.
F. Community Property - CP District.
1. Permitted Uses. The following uses and
their accessory uses are permitted outright:
a. Schools, subject to site plan review.
b. Utility substations, utility equipment
storage yards and pump stations.
c. Dedicated common areas.
d. Recreational facilities generally
associated with resort developments, such as
golf courses, tennis courts, swimming pools,
parks, playgrounds, nature centers, putting
greens, equestrian facilities, boat docks,
amphitheaters and observatories.
e. Open space.
2. Conditional Uses. The following uses
may be permitted subject to a conditional use
permit and the provisions of chapter 18.128:
a. Sewage treatment facilities.
b. Utility transmission lines.
c. 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).
3. Rimrock Setback. Setbacks from
rimrock shall be as provided in section
18.116.160.
G. Airports -A District.
1. The following uses and their accessory
uses are permitted outright:
a. Runway, fuel storage and sales and
emergency repair.
b. Farm use.
2. Conditional Uses. The following
conditional uses may be permitted subject to
chapter 18.128 of this title and a conditional
use permit:
a. Farm accessory buildings and uses.
b. Utility facility necessary for public
service, except landfills.
c. Golf course.
d. Park, playground, other recreational site
or facility or community service facility.
e. Related use, such as hangars, tie -down
areas and parking facilities.
f. Excavation, grading and fill and removal
Chapter 18.108 6 (11/95)
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).
3. Use Limitations. In an A District, the
following limitations and standards shall apply
to all uses permitted:
a. The height of any plant growth or
structure or part of a structure such as
chimneys, towers, antennas, powerlines, etc.,
shall not exceed 35 feet.
b. In approach zones beyond the clear
zone areas, no meeting place designed to
accommodate more than 25 persons for public
or private purposes shall be permitted.
c. All parking demand created by any use
permitted by this section shall be
accommodated on the subject premises
entirely off-street.
d. No use permitted by this section shall
require the backing of traffic onto a public or
private street or road right of way.
e. No power lines shall be located in clear
zones.
L No use shall be allowed which is likely
to attract an unusual quantity of birds,
particularly birds which normally fly at high
altitudes.
4. Dimensional Standards. In an A
District, the following dimensional standards
shall apply:
a. The minimum lot size shall be
determined subject to the provisions of this
section relative to setback requirements, off-
street parking and loading requirements, lot
coverage limitations or as deemed necessary
by the Planning Director or Hearings Body to
maintain air, land and water resource quality,
protect adjoining and area land uses and to
ensure resource carrying capacities are not
exceeded.
b. A nonresidential use located adjacent to
or across the street from an existing
residential use or platted residential lot shall
not exceed 70 percent lot coverage and shall
require off-street parking and loading areas.
c. No residential use permitted by this
section shall exceed 30 percent lot coverage by
primary and accessory structures.
0148-12,10'.0
d. The minimum setbacks between any
structure and an arterial right of way shall be
100 feet. The minimum setback of a
nonresidential structure from a collector right
of way shall be 50 feet, and from all local
streets the minimum setback shall be 20 feet.
e. The minimum setback between a
nonresidential structure and a property line
adjoining a residential use or lot, or for a
residential structure and a property line
adjoining a nonresidential use or lot, shall be
50 feet.
f. The minimum lot frontage shall be 50
feet.
g. The minimum side setback between any
structure and a property line shall be three
feet, and the minimum total of both side
setbacks shall be 12 feet.
h. The minimum rear setback between any
structure and a rear property line shall be 25
feet.
i. Utility Runway Visual Approach Zone.
Slopes 20 feet outward for each foot upward
beginning at the end of and at the same
elevation as the primary surface and extending
to a horizontal distance of 5,000 feet along the
extended runway centerline.
j. Runway Larger than Utility with a
Visibility Minimum Greater than Three -
Fourths Mile Nonprecision Instrument
Approach Zone. Slopes 34 feet outward for
each foot upward beginning at the end of and
at the same elevation as the primary surface
and extending to a horizontal distance of
10,000 feet along the extended runway
centerline.
k. Transitional Zones. Slopes seven feet
outward for each foot upward beginning at the
side of and at the same elevation as the
primary surface and approach surface, and
extending to a height of 150 feet above the
airport elevation. In addition to the
foregoing, there are established height limits
beginning at the sides of and at the same
elevation as they approach surface and
extending to where they intersect the conical
surface.
1. Horizontal Zone. Established at 150
Chapter 18.108 7 (11/95)
feet above the airport elevation.
m. Conical Zone. Slopes 20 feet outward
for each foot upward beginning at the
periphery of the horizontal zone and at 150
feet above the airport elevation and extending
to a height of 350 feet above the airport
elevation.
5. Rimrock Setback. Setbacks from
rimrock shall be as provided in section
18.116.160. (Ord. 94-032 § 1, 1994; Ord. 93-
043 § 18, 1993; Ord. 93-063 § 1, 1993; Ord.
92-069 § 1, 1992; Ord. 91-038 § 1, 1991; Ord.
91-020 § 1, 1991; Ord. 89-007 §§ 1,3 and 4,
1989; Ord. 88-032 § 1,1988; Ord. 86-053 § 20,
1986; Ord. 86-018 § 16, 1986; Ord. 83-037 §§
22 and 23, 1983; Ord. 83-033 §§ 8-10, 1983)
18.108.030 Site plan review.
Approval Required. Any use in an RM, C,
I, CP or A District shall be subject to Chapter
18.124. (Ord. 91-020 § 1, 1991)
18.108.040 Owners association.
Owners Association Required. Every
planned community shall have an owners
association whose membership shall consist of
every owner within the planned community.
This requirement shall be documented with a
recorded declaration of covenants and
restrictions which run with the land. The
owners association shall be a nonprofit
corporation or other entity as approved by the
Planning Director or Hearings Body. (Ord.
91-020 § 1, 1991)
18.108.050 Approval of a PC zone.
A. Application. Application for approval
of a planned community shall be made
according to the terms of the County
Procedures Ordinance. The Planning Director
or Hearings Body shall conduct the initial
hearing. Any approval shall, however, be
automatically reviewed by the Planning
Commission.
B. Minimum Size. A planned community
shall be at least 640 acres in size consisting of
contiguous property.
C. Density. A planned community may
0148-12'73
have a density not to exceed 1.5 units per
acre.
D. Standards for Approval. Any planned
community shall be developed subject to the
existing subdivision ordinance of the county.
E. Additional Standards. The Planning
Director or Hearings Body and Planning
Commission can adopt additional standards
for the development of planned
communit[y]ies which are consistent with
Ordinance PL -20 and this title. (Ord. 95-075
§ 1, 1995; Ord. 91-020 § 1, 1991)
18.108.060 Amendment of a development
plan.
A. Application. Application for an
amendment to an approved development plan
within a PC zone shall be made subject to
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance, and
zoning ordinance. The criteria shall be the
same as for a change of zone.
B. Plan Required. The applicant shall
submit the following documents as a part of
the application:
1. An original and 10 copies of the
amended development plan.
2. A description of each proposed change
and the reasons for each change.
3. A legal description of the area affected
by the proposed change.
4. Additional information as may be
required.
C. Standards for Approval. Any amended
development plan shall be in conformance
with this section, the existing subdivision
ordinances of the county and the concept of
the planned community for which a change is
being requested. (Ord. 95-050 § 1,1995; Ord.
93-043 § 18A, 1993; Ord. 91-020 § 1, 1991;
Ord. 82-043 § 1 1982)
Chapter 18.108 8 (11195)
Chapter 18.112
LIMITED USE COMBINING
LU ZONE
Sections:
18.112.010
Purpose.
18.112.020
Combining zone requirements.
18.112.030
Procedures.
18.112.040
Use limitations.
18.112.050
Adoption.
18.112.060
Official plan/zoning map.
18.112.070
Site plan requirement.
In any Limited Use Combining Zone (LU),
the requirements and standards of this section
shall apply in addition to those specified in
this title for the underlying zone and any
other applicable combining zones. In the
event of a conflict between the requirements
and standards of this section and those of the
underlying zone or other applicable combining
zones, the provisions of this section shall
govern. (Ord. 88-022 § 1, 1988)
18.112.010 Purpose.
A. The purpose of the LU Zone is to limit
the list of permitted uses and general activities
allowed in the underlying zone, when a plan
amendment and zone change rezones a parcel
to that underlying zone through the taking of
an exception to a statewide land use planning
goal under Oregon Revised Statutes 197.732.
B. The LU Zone is an overlay zone which
may be applied, where appropriate, to plan
amendments/zone changes effected by either
a "physically developed" exception under
Oregon Revised Statutes 197.732(1)(a), an
"irrevocably committed" exception under
Oregon Revised Statutes 197.732(1)(b), or a
"reasons" exception under Oregon Revised
Statutes 197.732(1)(c).
C. The LU Zone, when adopted, shall
carry out the requirement of Oregon
Administrative Rule 660-04-018 that where a
goal exception is taken, permitted uses shall
be limited to those uses justified by the
0148-12'i4
exception statement. (Ord. 88-022 § 1, 1988)
18.112.020 Combiningzone requirements.
When the LU Zone is applied, the uses
permitted in the underlying zone shall be
limited to those uses and general activities
specifically set forth in the ordinance adopting
the underlying zone and the LU Zone. Any
change in those uses and general activities
must be made through the plan/land use
regulation amendment process. (Ord. 88-022
§ 1, 1988)
18.112.030 Procedures.
The LU Zone shall be applied through the
plan amendment and rezoning process at the
time the underlying plan and/or zone
designation is being changed. (Ord. 88-022 §
1, 1988)
18.112.040 Use limitations.
The following limitations shall apply to the
underlying zone when the LU Zone is applied:
A. In all cases, the Hearings Body shall
establish that:
1. The uses and general activities subject
to the rezoning are required to be limited to
those uses and general activities justified in
the goal exception taken.
2. A review of all zones in [Ordinance No.
PL -151 this title demonstrates that no existing
zone adequately limits the uses and general
activities.
3. The LU Zone, when applied to the
underlying zone, is consistent with the
Comprehensive Plan and other applicable
policies of the county. (Ord. 95-075 § 1,1995;
Ord. 88-022 § 1, 1988)
18.112.050 Adoption.
The ordinance adopting the underlying zone
and the LU Zone shall set forth those specific
uses and general activities which will be
permitted or conditional uses. The
description of the permitted and conditional
uses may be qualified as necessary to achieve
the purpose of the LU Zone. (Ord. 88-022 §
1, 1988)
Chapter 18.112 1 (11/95)
18.112.060 Oficial plan/zoning map.
The official plan/zoning map shall be
amended to show an LU suffix on any parcel
where the LU Zone has been applied. (Ord.
88-022 § 1, 1988)
18.112.070 Site plan requirement.
A. In addition to limiting the uses in the
underlying zone where the LU Zone is
applied, the county may also require approval
of the location of buildings, access, parking,
screening and other site planning
considerations in order to assure the
compatibility of the permitted uses within the
area.
B. The process for reviewing the site plan
shall be described at the time of the LU Zone
application. Site plan requirements may be
added by specific reference in the LU
adopting ordinance. Specifications and
standards of the underlying zone remain in
effect unless specifically altered by the site
plan approval. Separate site plan approval
shall not be required for any uses subject to a
conditional use permit. (Ord. 88-022 § 1,
1988)
P-
0148 -12t-
Chapter 18.112 2 (11/95)
Chapter 18.113
DESTINATION RESORTS
DR ZONE
Sections:
resorts.
18.113.010
Purpose.
18.113.020
Applicability.
18.113.025
Application to existing
resorts.
18.113.030
Uses in destination resorts.
18.113.040
Application submission.
18.113.050
Requirements for conditional
use permit and conceptual
18.113.110
master plan applications.
18.113.060
Standards for destination
18.113.010 Purpose.
A. The purpose of the DR Zone is to
establish a mechanism for siting destination
resorts to ensure compliance with LCDC Goal
8 and the county Comprehensive Plan. The
destination resort designation is intended to
identify land areas which are available for the
siting of destination resorts, but which will
only be developed if consistent with the
purpose and intent of this chapter and Goal 8.
B. The DR Zone is an overlay zone. The
DR Zone is intended to provide for properly
designed and sited destination resort facilities
which enhance and diversify the recreational
opportunities and the economy of Deschutes
County. The DR Zone will ensure resort
development that compliments the natural and
0148-12r,6
cultural attractiveness of the area without
significant adverse effect on commercial
farming and forestry, environmental and
natural features, cultural and historic
resources and their settings and other
significant resources.
C. It is the intent of this chapter to
establish procedures and standards for
developing destination resorts while ensuring
that all applicable county comprehensive plan
policies are achieved.
D. It is the intent of this chapter to ensure
that all elements of a destination resort which
are proposed are financially secured in a
manner which will protect the public's interest
should the development not be completed as
proposed.
E. It is not the intent of this chapter to site
developments that are in effect rural
subdivisions, whose primary purpose is to
serve full-time residents of the area. (Ord. 92-
004 § 13, 1992)
18.113.020 Applicability.
A. The provisions of this chapter shall
apply to proposals for the development of
destination resorts, as defined in this title, in
areas designated DR by the county zoning
maps. The provisions of this chapter shall not
apply to any development proposal in an area
designated DR other than a destination resort.
B. When these provisions are applicable,
they shall supersede all other provisions of the
underlying zone. Other provisions of the
zoning ordinance, made applicable by specific
map designations, such as the SMIA, AH, CH,
FP or LM, or otherwise applicable under the
terms of the zoning ordinance text shall
remain in full force and effect, unless
otherwise specified herein.
C. The provisions of this chapter apply to
destination resorts sited through the Goal 2
exception process. (Ord. 92-004 § 13, 1992)
18.113.025 Application to existing
resorts.
Expansion proposals of existing
developments approved as destination resorts
Chapter 18.113 1 (11/95)
resorts.
18.113.070
Approval criteria.
18.113.075
Imposition of conditions.
18.113.080
Procedure for modification
of a conceptual master plan.
18.113.090
Requirements for final master
plan.
18.113.100
Procedure for approval of
final master plan.
18.113.110
Provision of streets, utilities,
developed recreational
facilities and visitor -oriented
accommodations.
18.113.010 Purpose.
A. The purpose of the DR Zone is to
establish a mechanism for siting destination
resorts to ensure compliance with LCDC Goal
8 and the county Comprehensive Plan. The
destination resort designation is intended to
identify land areas which are available for the
siting of destination resorts, but which will
only be developed if consistent with the
purpose and intent of this chapter and Goal 8.
B. The DR Zone is an overlay zone. The
DR Zone is intended to provide for properly
designed and sited destination resort facilities
which enhance and diversify the recreational
opportunities and the economy of Deschutes
County. The DR Zone will ensure resort
development that compliments the natural and
0148-12r,6
cultural attractiveness of the area without
significant adverse effect on commercial
farming and forestry, environmental and
natural features, cultural and historic
resources and their settings and other
significant resources.
C. It is the intent of this chapter to
establish procedures and standards for
developing destination resorts while ensuring
that all applicable county comprehensive plan
policies are achieved.
D. It is the intent of this chapter to ensure
that all elements of a destination resort which
are proposed are financially secured in a
manner which will protect the public's interest
should the development not be completed as
proposed.
E. It is not the intent of this chapter to site
developments that are in effect rural
subdivisions, whose primary purpose is to
serve full-time residents of the area. (Ord. 92-
004 § 13, 1992)
18.113.020 Applicability.
A. The provisions of this chapter shall
apply to proposals for the development of
destination resorts, as defined in this title, in
areas designated DR by the county zoning
maps. The provisions of this chapter shall not
apply to any development proposal in an area
designated DR other than a destination resort.
B. When these provisions are applicable,
they shall supersede all other provisions of the
underlying zone. Other provisions of the
zoning ordinance, made applicable by specific
map designations, such as the SMIA, AH, CH,
FP or LM, or otherwise applicable under the
terms of the zoning ordinance text shall
remain in full force and effect, unless
otherwise specified herein.
C. The provisions of this chapter apply to
destination resorts sited through the Goal 2
exception process. (Ord. 92-004 § 13, 1992)
18.113.025 Application to existing
resorts.
Expansion proposals of existing
developments approved as destination resorts
Chapter 18.113 1 (11/95)
shall meet the following criteria:
A. Meet all criteria of this chapter without
consideration of any existing development; or
B. Meet all criteria of this chapter for the
entire development (including the existing
approved destination resort development and
the proposed expansion area), except that as
to the area covered by the existing destination
resort, compliance with setbacks and lot sizes
shall not be required.
If the applicant chooses to support its
proposal with any part of the existing
development, applicant shall demonstrate that
the proposed expansion will be situated and
managed in a manner that it will be integral to
the remainder of the resort. (Ord. 92-004 §
13, 1992)
18.113.030 Uses in destination resorts.
The following uses are allowed, provided
they are part of, and are intended to serve
persons at, the destination resort pursuant to
this section and are approved in a final master
plan:
A. Visitor -oriented accommodations
designed to provide for the needs of visitors to
the resort:
1. Overnight lodging, including lodges,
hotels, motels, bed and breakfast facilities,
time-share units and similar transient lodging
facilities;
2. Convention and conference facilities and
meeting rooms;
3. Retreat centers;
4. Restaurants, lounges and similar eating
and drinking establishments; and
5. Other similar visitor -oriented
accommodations consistent with the purposes
of this chapter and Goal 8.
B. Developed recreational facilities
designed to provide for the needs of visitors
and residents of the resort;
I. Golf courses and clubhouses;
2. Indoor and outdoor swimming pools;
3. Indoor and outdoor tennis courts;
4. Physical fitness facilities;
5. Equestrian facilities;
6. Wildlife observation shelters;
0148-1
7. Walkways, bike paths, jogging paths,
equestrian trails;
8. Other similar recreational facilities
consistent with the purposes of this chapter
and Goal 8.
C. Residential accommodations:
1. Single-family dwellings;
2. Duplexes, triplexes, fourplexes and
multi -family dwellings;
3. Condominiums;
4. Townhouses;
5. Living quarters for employees;
6. Time-share projects.
D. Commercial services and specialty shops
designed to provide for the visitors to the
resort:
1. Specialty shops, including but not
limited to delis, clothing stores, book stores,
gift shops and specialty food shops;
2. Barber shops/beauty salons;
3. Automobile service stations limited to
fuel sales, incidental parts sales and minor
repairs;
4. Craft and art studios and galleries;
5. Real estate offices;
6. Convenience stores;
7. Other similar commercial services
which provide for the needs of resort visitors
and are consistent with the purposes of this
chapter and Goal 8.
E. Uses permitted in open space areas
generally include only those uses that, except
as specified herein, do not alter the existing or
natural landscape of the proposed open space
areas. No improvements, development or
other alteration of the natural or existing
landscape shall be allowed in open space
areas, except as necessary for development of
golf course fairways and greens, hiking and
bike trails, lakes and ponds and primitive
picnic facilities including park benches and
picnic tables. Where farming activities would
be consistent with identified preexisting open
space uses, irrigation equipment and
associated pumping facilities shall be allowed.
F. Facilities necessary for public safety and
utility service within the destination resort.
G. Other similar uses permitted in the
Chapter 18.113 2 (11/95)
underlying zone consistent with the purposes
of this section.
H. Accessory Uses in Destination Resorts:
1. The following accessory uses shall be
permitted provided they are ancillary to the
destination resort and consistent with the
purposes of this chapter and Goal 8:
a. Transportation -related facilities
excluding airports;
b. Emergency medical facilities;
c. Storage structures and areas;
d. Kennels as a service for resort visitors
only;
e. Recycling and garbage collection
facilities;
f. Other similar accessory uses consistent
with the purposes of this chapter and Goal 8.
(Ord. 92-004 § 13, 1992)
18.113.040 Application submission.
The authorization of a permit for a
destination resort shall consist of three steps.
Conceptual Master Plan and Conditional
Use Permit for Destination Resort.
A. A conceptual master plan (CMP) shall
be submitted which addresses all requirements
established in this section. The CMP
application shall be processed as if it were a
conditional use permit under Chapter 22 of
the Deschutes County Code, shall be subject
to sections 18.128.010, 18.128.020 and
18.128.030 of the Deschutes County Code and
shall be reviewed for compliance with the
standards and criteria set forth in this chapter.
Final Master Plan.
B. The applicant shall prepare a final
master plan (FMP) which incorporates all
requirements of the county approval for the
CMP. The Planning Director shall review the
FMP to determine if it complies with the
approved CMP and all conditions of approval
of the conditional use permit. The Planning
Director shall have the authority to approve,
deny or return the FMP to the applicant for
additional information. When interpretations
of the Planning Director involve issues which
are discretionary, the FMP approval shall be
treated as a land use permit in accordance
0148-127'8
with chapter 22 of the County Code.
Site Plan Review.
C. Each element or development phase of
the destination resort must receive additional
approval through the required site plan review
(chapter 18.124 of the County Code) or
subdivision process (Title 17 of the County
Code). In addition to findings satisfying the
site plan or subdivision criteria, findings shall
be made that the specific development
proposal complies with the standards and
criteria of this chapter and the FMP. (Ord.
92-004 § 13, 1992)
18.113.050 Requirements for conditional
use permit and conceptual
master plan applications.
The CMP provides the framework for
development of the destination resort and is
intended to ensure that the destination resort
meets the requirements of this chapter. The
CMP application shall include the following
information:
A. Illustrations and graphics to scale,
identifying:
1. The location and total number of acres
to be developed as a planned destination
resort;
2. The subject area and all land uses
adjacent to the subject area;
3. The topographic character of the site;
4. Types and general location of proposed
development uses, including residential and
commercial uses;
5. Major geographic features;
6. Proposed methods of access to the
development, identifying the main vehicular
circulation system within the resort and an
indication of whether streets will be public or
private;
7. Majorpedestrian, equestrian and bicycle
trail systems;
8. Important natural features of the site,
including habitat of threatened or endangered
species, streams, rivers, wetlands and riparian
vegetation within 200 feet of streams, rivers
and wetlands.
9. All uses proposed within landscape
Chapter 18.113 3 (11/95)
management corridors identified by the
comprehensive plan or zoning ordinance.
10. The location and number of acres
reserved as open space, buffer area, or
common area. Areas designated as 'open
space," "buffer area," or "common area" should
be clearly illustrated and labeled as such;
11. All proposed recreational amenities;
12. Proposed overall density.
B. Further information as follows:
1. A description of the natural
characteristics of the site and surrounding
areas, including a description of resources and
the effect of the destination resort on the
resources; methods employed to mitigate
adverse impacts on resources; analysis of how
the overall values of the natural features of
the site will be preserved, enhanced or utilized
in the design concept for the destination
resort; and a proposed resource protection
plan to ensure that important natural features
will be protected and maintained. Factors to
be addressed include:
a. Compatibility of soil composition for
proposed development(s) and potential
erosion hazard;
b. Geology, including areas of potential
instability;
c. Slope and general topography;
d. Areas subject to flooding;
e. Other hazards or development
constraints;
L Vegetation;
g. Water areas, including streams, lakes,
ponds and wetlands;
h. Important natural features;
i. Landscape management corridors;
j. Wildlife.
2. A traffic study which addresses (1)
impacts on affected county, city and state road
systems and (2) transportation improvements
necessary to mitigate any such impacts. The
study shall be submitted to the affected road
authority (either the County Department of
Public Works or the Oregon Department of
Transportation, or both) at the same time as
the conceptual master plan and shall be
prepared by a licensed traffic engineer to the
Chapter 18.113
minimum standards of the road authorities.
3. A description of how the proposed
destination resort will satisfy the standards
and criteria of sections 18.113.060 and
18.113.070 of this chapter;
4. Design guidelines and development
standards defining visual and aesthetic
parameters for:
a. Building character;
b. Landscape character;
c. Preservation of existing topography and
vegetation;
d. Siting of buildings; and
e. Proposed standards for minimum lot
area, width, frontage, lot coverage, setbacks
and building heights.
5. An open space management plan which
includes:
a. An explanation of how the open space
management plan meets the minimum
standards of this chapter for each phase of the
development;
b. An inventory of the important natural
features identified in the open space areas and
any other open space and natural values
present in the open space;
c. A set of management prescriptions that
will operate to maintain and conserve in
perpetuity any identified important natural
features and other natural or open space
values present in the open space;
d. Deed restrictions that will assure that
the open space areas are maintained as open
space in perpetuity.
6. An explanation of public use of facilities
and amenities on the site.
7. A description of the proposed method
of providing all utility systems, including the
location and sizing of the utility systems;
8. A description of the proposed order and
schedule for phasing, if any, of all
development including an explanation of when
facilities will be provided and how they will be
secured if not completed prior to closure of
sale of individual lots or units;
9. An explanation of how the destination
resort has been sited or designed to avoid or
minimize adverse effects or conflicts on
4 (11/95)
adjacent lands. The application shall identify
the surrounding uses and potential conflicts
between the destination resort and adjacent
uses within 660 feet of the boundaries of the
parcel or parcels upon which the resort is to
be developed. The application shall explain
how any proposed buffer area will avoid or
minimize adverse effects or conflicts;
10. A description of the proposed method
for providing emergency medical facilities and
services and public safety facilities and services
including fire and police protection;
11. A study prepared by a hydrologist,
engineering geologist or similar professional
certified in the State of Oregon describing:
a. An estimate of water demands for the
destination resort at maximum buildout,
including a breakdown of estimated demand
by category of consumption, including but not
limited to residential, commercial, golf courses
and irrigated common areas;
b. Availability of water for estimated
demands at the destination resort, including
(1) identiflcation of the proposed source; (2)
identification of all available information on
ground and surface waters relevant to the
determination of adequacy of water supply for
the destination resort; (3) identification of the
area that may be measurably impacted by the
water used by the destination resort (water
impact area) and an analysis supporting the
delineation of the impact area; and (4) a
statistically valid sampling of domestic and
other wells within the impact area;
c. A water conservation plan including an
analysis of available measures which are
commonly used to reduce water consumption.
This shall include a justification of the chosen
water conservation plan. The water
conservation plan shall include a waste water
disposal plan utilizing beneficial use of
reclaimed water to the maximum extent
practicable.
For the purposes of this section, beneficial
uses shall include, but are not limited to:
L Irrigation of golf courses and greenways;
ii. Establishment of artificial wetlands for
wildlife habitation.
01'8-1�s
12. An erosion control plan for all disturbed
land, as required by Oregon Revised Statutes
chapter 468. This plan shall include storm
and melt water erosion control to be
implemented during all phases of construction
and permanent facilities or practices for the
continuing treatment of these waters. This
plan shall also explain how the water shall be
used for beneficial use or why it cannot be
used as such;
13. A description of proposed sewage
disposal methods;
14. Wildfire prevention, control and
evacuation plans;
15. A description of interim development
including temporary structures related to sales
and development;
16. Plans for owners' associations and
related transition of responsibilities and
transfer of property;
17. A description of the methods of
ensuring that all facilities and common areas
within each phase will be established and will
be maintained in perpetuity;
18. A survey of housing availability for
employees based upon income level and
commuting distance;
19. An economic impact and feasibility
analysis of the proposed development
prepared by a qualified professional
economist(s) or financial analyst(s) shall be
provided which includes:
a. An analysis which addresses the
economic viability of the proposed
development;
b. Fiscal impacts of the project including
changes in employment, increased tax revenue,
demands for new or increased levels of public
services, housing for employees and the effects
of loss of resource lands during the life of the
project.
20. A solid waste management plan;
21. A description of the system to be used
for the management of any individually owned
units that will be used for overnight lodging
and how it will be implemented, including
proposed rental contract provisions to assure
that any individually -owned lodging facilities
Chapter 18.113 5 (11/95)
will be available for overnight rental use by
the general public for at least 45 weeks per
calendar year through a central reservation
and check-in service;
22. If the proposed destination resort is in
a SMIA combining zone, chapter 18.56 of this
title shall be addressed;
23. If the proposed destination resort is in
an LM combining zone, chapter 18.84 of this
title shall be addressed;
24. A survey of historic and cultural
resources inventoried on an acknowledged
Goal 5 inventory;
25. Other information as may reasonably be
required by the Planning Director to address
the effect of the proposed development as
related to the requirements of this [ordinance]
title. (Ord. 92-004 § 13, 1992)
18.113.060 Standards for destination
resorts.
The following standards shall govern
consideration of destination resorts:
A. The destination resort shall, in the first
phase, provide for and include as part of the
CMP the following minimum requirements:
1. At least 150 separate rentable units for
visitor -oriented lodging.
2. Visitor -oriented eating establishments
for at least 100 persons and meeting rooms
which provide eating for at least 100 persons.
3. The aggregate cost of developing the
overnight lodging facilities and the eating
establishments and meeting rooms required in
subsections (1) and (2) shall be at least
$2,000,000 (in 1984 dollars).
4. At least $2,000,000 (in 1984 dollars)
shall be spent on developed recreational
facilities.
5. The facilities and accommodations
required by this section must be physically
provided or financially assured pursuant to
section 18.113.110 of this chapter prior to
closure of sales, rental or lease of any
residential dwellings or lots.
B. All destination resorts shall have a
minimum of 160 contiguous acres of land.
Acreage split by public roads or rivers or
0148-1281
streams shall count toward the acreage limit,
provided that the CMP demonstrates that the
isolated acreage will be operated or managed
in a manner that will be integral to the
remainder of the resort.
C. All destination resorts shall have direct
access onto a state or county arterial or
collector roadway, as designated by the
Comprehensive Plan.
D. A destination resort shall, cumulatively
and for each phase, meet the following
minimum requirements:
1. The resort shall have a minimum of 50
percent of the total acreage of the
development dedicated to permanent open
space, excluding yards, streets and parking
areas. Portions of individual residential lots
and landscape area requirements for
developed recreational facilities, visitor -
oriented accommodations or multi -family or
commercial uses established by section
18.124.070 shall not be considered open space;
2. Individually -owned residential units shall
not exceed two such units for each unit of
visitor -oriented overnight lodging.
Individually -owned units shall be considered
visitor -oriented lodging if they are available
for overnight rental use by the general public
for at least 45 weeks per calendar year
through one or more central reservation and
check-in service(s).
E. Phasing. A destination resort
authorized pursuant to this section may be
developed in phases. If a proposed resort is
to be developed in phases, each phase shall be
as described in the CMP. Each individual
phase shall meet the following requirements:
1. Each phase, together with previously
completed phases, if any, shall be capable of
operating in a manner consistent with the
intent and purpose of this chapter and Goal 8.
2. The first phase and each subsequent
phase of the destination resort shall
cumulatively meet the minimum requirements
of this section and section 18.113.070.
3. Each phase may include two or more
distinct noncontiguous areas within the
destination resort.
Chapter 18.113 6 (11/95)
F. Destination resorts shall not exceed a
density of one and one-half dwelling units per
acre including residential dwelling units and
excluding visitor -oriented overnight lodging.
G. Dimensional Standards:
1. The minimum lot area, width, lot
coverage, frontage and yard requirements and
building heights otherwise applying to
structures in underlying zones and the
provisions of chapter 18.116 relating to solar
access shall not apply within a destination
resort. These standards shall be determined
by the Planning Director or Hearings Body at
the time of the CMP. In determining these
standards, the Planning Director or Hearings
Body shall find that the minimum specified in
the CMP are adequate to satisfy the intent of
the comprehensive plan relating to solar
access, fire protection, vehicle access, visual
management within landscape management
corridors and to protect resources identified
by LCDC Goal 5 which are identified in the
Comprehensive Plan. At a minimum, a 100
foot setback shall be maintained from all
streams and rivers. Rimrock setbacks shall be
as provided in this title. No lot for a single-
family residence shall exceed an overall
project average of 22,000 square feet in size.
2. Exterior setbacks.
a. Except as otherwise specified herein, all
development (including structures, site -
obscuring fences of over three feet in height
and changes to the natural topography of the
land) shall be setback from exterior property
lines as follows:
i. Three hundred fifty feet for commercial
development including all associated parking
areas;
ii. Two hundred fifty feet for multi -family
development and visitor -oriented
accommodations (except for single-family
residences) including all associated parking
areas;
iii. One hundred fifty feet for above -grade
development other than that listed in
subsections (i) and (ii);
iv. One hundred feet for roads;
v. Fifty feet for golf courses; and
Chapter 18.113
0148-1282
vi. Fifty feet for jogging trails and bike
paths where they abut private developed lots
and no setback for where they abut public
roads and public lands.
b. Notwithstanding subsection (a)(iii),
above -grade development other than that
listed in subsection (a)(i) and (ii) shall be set
back 250 feet in circumstances where state
highways coincide with exterior property lines.
c. The setbacks of this section shall not
apply to entry roadways and signs.
H. Floodplain requirements. The
floodplain zone (FP) requirements of chapter
18.96 shall apply to all developed portions of
a destination resort in an FP Zone in addition
to any applicable criteria of this chapter.
Except for floodplain areas which have been
granted an exception to LCDC goals 3 and 4,
floodplain zones shall not be considered part
of a destination resort when determining
compliance with the following standards;
1. One hundred sixty acre minimum site;
2. Density of development;
3. Open space requirements.
A conservation easement as described in
this title shall be conveyed to the county for
all areas within a floodplain which are part of
a destination resort.
I. The Landscape Management Combining
Zone (LM) requirements of chapter 18.84
shall apply to destination resorts where
applicable.
J. Excavation, grading and fill and removal
within the bed and banks of a stream or river
or in a wetland shall be a separate conditional
use subject to all pertinent requirements of
this title
K. Time-share units not included in the
overnight lodging calculations shall be subject
to approval under the conditional use criteria
set forth in chapter 18.128. Time-share units
identified as part of the destination resort's
overnight lodging units shall not be subject to
the time-share conditional use criteria of
chapter 18.128. (Ord. 92-004 § 13, 1992)
18.113.070 Approval criteria.
In order to approve a destination resort, the
7 (11/95)
Planning Director or Hearings Body shall find
from substantial evidence in the record that:
A. The subject proposal is a destination
resort as defined in section 18.040.300 of this
title.
B. All standards established by section
18.113.060 of this chapter are or will be met.
C. The economic analysis demonstrates
that:
1. The necessary financial resources are
available for the applicant to undertake the
development consistent with the minimum
investment requirements established by this
chapter.
2. Appropriate assurance has been
submitted by lending institutions or other
financial entities that the developer has or can
reasonably obtain adequate financial support
for the proposal once approved.
3. The destination resort will provide a
substantial financial contribution which
positively benefits the local economy
throughout the life of the entire project,
considering changes in employment, demands
for new or increased levels of public service,
housing for employees and the effects of loss
of resource land.
4. The natural amenities of the site
considered together with the identified
developed recreation facilities to be provided
with the resort, will constitute a primary
attraction to visitors, based on the economic
feasibility analysis.
D. Any negative impact on fish and wildlife
resources will be completely mitigated so that
there is no net loss or net degradation of the
resource.
E. Important natural features, including
but not limited to significant wetlands,
riparian habitat, and landscape management
corridors will be maintained. Riparian
vegetation within 100 feet of streams, rivers
and significant wetlands will be maintained.
Alterations to important natural features,
including placement of structures, is allowed
so long as the overall values of the feature are
maintained.
F. The development will not force a
Chapter 18.113
0148-11C83
significant change in accepted farm or forest
practices or significantly increase the cost of
accepted farm or forest practices on
surrounding lands devoted to farm or forest
use.
G. Destination resort developments that
significantly affect a transportation facility
shall assure that the development is consistent
with the identified function, capacity and level
of service of the facility. This shall be
accomplished by either:
1. Limiting the development to be
consistent with the planned function, capacity
and level of service of the transportation
facility;
2. Providing transportation facilities
adequate to support the proposed
development consistent with Oregon
Administrative Rules chapter 660, Division 12;
or
3. Altering land use densities, design
requirements or using other methods to
reduce demand for automobile travel and to
meet travel needs through other modes.
A destination resort significantly affects a
transportation facility if it would result in
levels of travel or access that are inconsistent
with the functional classification of a facility
or would reduce the level of service of the
facility below the minimum acceptable level
identified in the relevant transportation system
plan.
a. Where the option of providing
transportation facilities is chosen, the
applicant shall be required to improve
impacted roads to the full standards of the
affected authority as a condition of approval.
Timing of such improvements shall be based
upon the riming of the impacts created by the
development as determined by the traffic
study or the recommendations of the affected
road authority.
b. Access within the project shall be
adequate to serve the project in a safe and
efficient manner for each phase of the project.
H. The development will not create the
potential for natural hazards identified in the
county Comprehensive Plan. No structure will
8 (11/95)
be located on slopes exceeding 25 percent. A
wildfire management plan will be implemented
to ensure that wildfire hazards are minimized
to the greatest extent practical and allow for
safe evacuation. With the exception of the
slope restriction of this section, which shall
apply to destination resorts in forest zones,
wildfire management of destination resorts in
forest zones shall be subject to the
requirements of section 18.40.070, where
applicable, as to each individual structure and
dwelling.
I. Adequate public safety protection will
be available through existing fire districts or
will be provided onsite according to the
specification of the state fire marshal. If the
resort is located outside of an existing fire
district the developer will provide for staffed
structural fire protection services. Adequate
public facilities to provide for necessary safety
services such as police and fire will be
provided on the site to serve the proposed
development.
J. Streams and drainage. Unless otherwise
agreed to in writing by the adjoining property
owner(s), existing natural drainages on the site
will not be changed in any manner which
interferes with drainage patterns on adjoining
property. All surface water drainage changes
created by the development will be contained
on site in a manner which meets all standards
of the Oregon State Department of
Environmental Quality (DEQ). The erosion
control plan for the subject development will
meet all standards of Oregon Revised Statutes
chapter 468.
K. Adequate water will be available for all
proposed uses at the destination resort, based
upon the water study and a proposed water
conservation plan. Water use will not reduce
the availability of water in the water impact
areas identified in the water study considering
existing uses and potential development
previously approved in the affected area.
Water sources shall not include any perched
water table. Water shall only be taken from
the regional aquifer. Where a perched water
table is pierced to access the regional aquifer,
0148-1284
the well must be sealed off from the perched
water table.
L. The wastewater disposal plan includes
beneficial use to the maximum extent
practicable. Approval of the CMP shall be
conditioned on applicant's making application
to DEQ for a Water Pollution Control Facility
(WPCF) permit consistent with such an
approved wastewater disposal plan. Approval
shall also be conditioned upon applicant's
compliance with applicable Oregon
Administrative Rules regarding beneficial use
of waste water, as determined by DEQ.
Applicant shall receive approval of a WPCF
permit consistent with this provision prior to
applying for approval for its Final Master Plan
under this chapter.
M. The resort will mitigate any demands it
creates on publicly -owned recreational
facilities on public lands in the surrounding
area.
N. Site improvements will be located and
designed to avoid or minimize adverse effects
of the resort on the surrounding land uses.
Measures to accomplish this may include
establishment and maintenance of buffers
between the resort and adjacent land uses,
including natural vegetation and appropriate
fences, berms, landscaped areas and similar
types of buffers; and setback of structures and
other developments from adjacent land uses.
O. The resort will be served by an on-site
sewage system approved by DEQ and a water
system approved by the Oregon State Health
Division except where connection to an
existing public sewer or water system is
allowed by the county Comprehensive Plan,
such service will be provided to the resort.
P. The destination resort will not alter the
character of the surrounding area in a manner
that substantially limits, impairs or prevents
permitted or conditional uses of surrounding
properties.
Q. Commercial, cultural, entertainment or
accessory uses provided as part of the
destination resort will be contained within the
development and will not be oriented to
public highways adjacent to the property.
Chapter 18.113 9 (11/95)
Commercial, cultural and entertainment uses
allowed within the destination resort will be
incidental to the resort itself. As such, these
ancillary uses will be permitted only at a scale
suited to serve visitors to the resort.
The commercial uses permitted in the
destination resort will be limited in type,
location, number, dimensions and scale (both
individually and cumulatively) to that
necessary to serve the needs of resort visitors.
A commercial use is necessary to serve the
needs of visitors if:
1. Its primary purpose is to provide goods
or services that are typically provided to
overnight or other short-term visitors to the
resort, or the use is necessary for operation,
maintenance or promotion of the destination
resort; and
2. The use is oriented to the resort and is
located away from or screened from highways
or other major through roadways.
R. A plan exists to ensure a transfer of
common areas, facilities such as sewer, water,
streets and responsibility for police and fire
protection to owners' associations or similar
groups if contemplated. If such transfer is not
contemplated, the owner or responsible party
shall be clearly designated. Adequate open
space, facility maintenance and police and fire
protection shall be ensured in perpetuity in a
manner acceptable to the county.
S. Temporary structures will not be
allowed unless approved as part of the CMP.
Temporary structures will not be allowed for
more than 18 months and will be subject to all
use and site plan standards of this title.
T. The open space management plan is
sufficient to protect in perpetuity identified
open space values.
U. A mechanism to ensure that
individually -owned units counting toward the
overnight lodging total remain available for
rent for at least 45 weeks per calendar year
through a central reservation and check-in
service. Such a mechanism shall include all of
the following:
1. Designation on the plat of which
individually -owned units are to be considered
0148-1285
to be overnight lodging as used in this
chapter;
2. Deed restrictions limiting use of such
identified premises to overnight lodging
purposes under this chapter for at least 45
weeks each year;
3. Inclusion in the CC&R's of an
irrevocable provision enforceable by the
county limiting use of such identified units to
overnight lodging purposes under this chapter
for at least 45 weeks each year;
4. Inclusion of language in any rental
contract between the owner of the unit and
any central reservation and check-in service
requiring that such units be made available as
overnight lodging facilities under this chapter
for at least 45 weeks each year; and
5. A requirement that each such unit be
registered and a report be filed on each such
unit yearly by the owner or central booking
agent on January 1 with the Planning Division
as to the following information:
a. Who the owner or owners have been
over the last year;
b. How many nights out of the year the
unit was available for rent through the central
reservation and check-in service; and
c. How many nights out of the year the
unit was rented out as an overnight lodging
facility under this chapter. (92-032 § 1, 1992;
Ord. 92-004 § 13, 1992)
18.113.075 Imposition of conditions.
The standards made applicable by this
chapter may be met by the imposition of
conditions calculated to insure that the
standard will be met. (Ord. 92-004 § 13,
1992)
18.113.080 Procedure for modification of
a conceptual master plan.
Any substantial change, as determined by
the Planning Director, proposed to an
approved CMP shall be reviewed in the same
manner as the original CMP. An insubstantial
change may be approved by the Planning
Director. Substantial change to an approved
CMP, as used in this section, means an
Chapter 18.113 10 (11/95)
alteration in the type, scale, location, phasing
or other characteristic of the proposed
development such that findings of fact on
which the original approval was based would
be materially affected. (Ord. 92-004 § 13,
1992)
18.113.090 Requirements for final master
plan.
It shall be the responsibility of the applicant
to provide a Final Master Plan (FMP) which
includes text and graphics explaining and
illustrating:
A. The use, location, size and design of all
important natural features, open space, buffer
areas and common areas;
B. The use and general location of all
buildings, other than residential dwellings and
the proposed density of residential
development by location;
C. Preliminary location of all sewer, water,
storm drainage and other utility facilities and
materials, and specifications and installation
methods for water and waste water systems;
D. Location and widths of all roads, streets,
parking, pedestrian ways, equestrian trails and
bike paths;
E. Methods to be employed to buffer and
mitigate potential adverse impacts on adjacent
resource uses and property;
F. Building elevations of visitor -oriented
accommodations, recreational facilities and
commercial services sufficient to demonstrate
the architectural character of the proposed
development;
G. A description of all commercial uses
including approximate size and floor area;
H. The location of or distance to any
emergency medical facilities and public safety
facilities;
I. When a phase includes a residential
subdivision, a general layout of the subdivision
shall include the number of lots, minimum
and maximum lot sizes, and approximate
location of roadways shall be included:
J. A description of measures taken, with
copies of deed restrictions, CC&R's and rental
contracts, to implement the measures
0148-1286
identified in this chapter assuring that
individually -owned lodging units considered to
be overnight lodgings for at least 45 weeks per
calendar year through a central reservation
and check-in service.
K. A description of measures taken, with
copies of deed restrictions and a final
management plan, to implement the open
space management plan required by this
chapter.
L. The status of all required off-site
roadway improvements.
M. Methods to be employed for managing
automobile traffic demand.
N. A copy of an WPCF permit issued by
DEQ consistent with the requirements of
chapter 18.113.070(L). (Ord. 92-004 § 13,
1992)
18.113.100 Procedure for approval of
final master plan.
A. The FMP shall be submitted in a form
approved by the county Planning Director
consistent with Title 22 of the Deschutes
County Code for a development permit. The
Planning Director shall review the FMP and if
the Planning Director finds that all standards
of the CMP have been met, the FMP shall be
approved in writing without notice. If
approval the FMP involves the exercise of
discretion, the FMP shall be treated as a land
use action and notice shall be provided in
accordance with Title 22 of the Deschutes
County Code;
B. If the Planning Director finds evidence
in the FMP of a substantial change from the
CMP, the Planning Director shall advise the
applicant to submit an application for
modification or amendment of the CMP.
(Ord. 92-004 § 13, 1992)
18.113.110 Provision of streets, utilities,
developed recreational
facilities and visitor -oriented
accommodations.
A. The Planning Director or Hearings
Body shall find that all streets, utilities,
developed recreational facilities and visitor -
Chapter 18.113 11 (11/95)
oriented accommodations required by the
FMP are physically provided or are
guaranteed through surety bonding or
substantial financial assurances approved by
the county prior to closure of sale of
individual lots or units.
B. Financial assurance or bonding to assure
completion of streets and utilities, developed
recreational facilities and visitor -oriented
accommodations in the FMP shall be required
pursuant to the security requirements for site
plan review and subdivision review established
by the Deschutes County Code. (Ord. 92-004
§ 13, 1992; Ord. 92-003 § 1, 1992)
(Zoning maps adopted by Ord. 92-031 § 1,
1992)
0148-128
Chapter 18.113 12 (11/95)
Chapter 18.116
SUPPLEMENTARY PROVISIONS
Sections:
18.116.010 Authorization of similar uses.
18.116.020 Clear -vision areas.
18.116.030 Off-street parking and loading.
18.116.031 Bicycle parking.
18.116.035 Bicycle commuter facilities.
18.116.040 Accessory uses.
18.116.050 Manufactured homes.
18.116.060 (Manufactured home installing
standard repealed)
18.116.070 Placement standards for
manufactured homes.
18.116.080 Manufactured home or RV as
a temporary residence on an
individual lot.
18.116.090 A manufactured home as a
temporary residence for
medical condition.
18.116.100 Building projections.
18.116.110 (Lot size reduction repealed)
18.116.120 Fences.
18.116.130 Hydroelectric facilities.
18.116.140 Electrical substations.
18.116.150 Endangered species.
18.116.160 Rimrock setbacks outside of
LM combining zone.
18.116.170 Solar height restrictions.
18.116.180 Building setbacks for the
protection of solar access.
18.116.190 Solar access permit.
18.116.200 Recreational vehicle on an
individual lot.
18.116.210 Residential homes and
residential facilities.
18.116.220 Conservation easements on
property adjacent to rivers and
streams -Prohibitions.
18.116.230 Standards for class I and II
road projects.
18.116.240 Protection of historic sites.
18.116.010 Authorization of similar uses.
A. The purpose of this section is to,
0148-1285
consistent with provisions of state law, provide
for land uses not specifically listed in any
zone, but which are similar in character, scale,
impact and performance to a permitted or
conditional use specified in a particular zone.
B. Review Criteria. A similar use may be
authorized by the Planning Director or
Hearings Body provided that the applicant
establishes that the proposed use meets the
following criteria:
1. The use is not listed specifically in any
zone;
2. The use is similar in character, scale,
impact and performance to one or more of
the permitted or conditional uses listed for the
zone in which it is proposed; and
3. The use is consistent with any applicable
requirements of state law with respect to what
uses may be allowed in the particular zone in
question.
Any similar use authorized by the Planning
Director or Hearings Body shall conform to
the applicable standards and requirements of
the zone in which it is located, including any
requirements for conditional use review set
forth in chapter 18.128.
C. Procedure:
1. A property owner may initiate a request
for authorization of a similar use by filing an
application with the Planning Division on
forms prescribed by the division.
2. The Planning Director or Hearings
Body shall consider a request for
authorization of a similar use under the
requirements of Title 22, the Deschutes
County Uniform Development Procedures
Ordinance. (Ord. 91-038 § 3, 1991)
18.116.020 Clear -vision areas.
A. In all zones, a clear -vision area shall be
maintained on the comers of all property at
the intersection of two streets or a street and
a railroad. A clear -vision area shall contain
no planting, fence, wall, structure, or
temporaryor permanent obstruction exceeding
three and one-half feet in height, measured
from the top of the curb or, where no curb
exists, from the established street centerline
Chapter 18.116 1 (11/95)
grade, except that trees exceeding this height
may be located in this area provided all
branches and foliage are removed to a height
of eight feet above the grade.
B. A clear -vision area shall consist of 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 paragraphs (1) and (2)
below. Where lot lines have rounded corners,
the specified distance is measured from a
point determined by the extension of the lot
lines to a point of intersection. The third side
of the triangle is the line connecting the ends
of the measured sections of the street lot
lines. The following measurements shall
establish clear -vision areas within the county:
1. In an agricultural, forestry or industrial
zone, the minimum distance shall be 30 feet
or at intersections including an alley, 10 feet.
2. In all other zones, the minimum
distance shall be in relationship to street and
road right of way widths as follows: (Ord. 91-
020 § 1, 1991)
Right of way Width Clear -Vision
80 feet or more 20 feet
60 feet 30 feet
50 feet and less 40 feet
18.116.030 Off-street parldng and loading.
A. Compliance. No building or other
permit shall be issued until plans and evidence
are presented to show how the off-street
parking and loading requirements are to be
met and that property is and will be available
for exclusive use as off-street parking and
loading. The subsequent use of the property
for which the permit is issued shall be
conditional upon the unqualified continuance
and availability of the amount of parking and
loading space required by this title.
B. Off -Street Loading. Every use for
which a building is erected or structurally
altered to the extent of increasing the floor
area to equal a minimum floor area required
to provide loading space and which will
require the receipt or distribution of materials
or merchandise by truck or similar vehicle,
shall provide off-street loading space on the
basis of minimum requirements as follows:
1. Commercial, industrial and public utility
uses which have a gross floor area of 5,000
square feet or more shall provide truck
loading or unloading berths subject to the
following table:
No. of Berths
Sq. Ft. of Floor Area Required
Less than 5,000 0
5,000 - 30,000 1
30,000 - 100,000 2
100,000 and Over 3
2. Restaurants, office buildings, hotels,
motels, hospitals and institutions, schools and
colleges, public buildings, recreation or
entertainment facilities and any similar use
which has a gross floor area of 30,000 square
feet or more shall provide off-street truck
loading or unloading berths subject to the
following table:
No. of Berths
Sq. Ft. of Floor Area Required
Less than 30,000 0
30,000 - 100,000 1
100,000 and Over 2
3. A loading berth shall contain space 10
feet wide, 35 feet long and have a height
clearance of 14 feet. Where the vehicles
generally used for loading exceed these
dimensions, the required length of these
berths shall be increased.
4. If loading space has been provided in
connection with an existing use or is added to
an existing use, the loading space shall not be
eliminated if elimination would result in less
space than is required to adequately handle
the needs of the particular use.
5. Off-street parking areas used to fulfill
the requirements of this title shall not be used
for loading and unloading operations except
during periods of the day when not required
to take care of parking needs.
C. Off -Street Parking. Off-street parking
spaces shall be provided and maintained as set
Chapter 18.116 2 (11/95)
V 148-V 7x,0
forth in this section for all uses in all zoning
combined require -
districts. Such off-street parking spaces shall
ments of the uses
be provided at the time
a new building is
being conducted
hereafter erected or enlarged or the use of a
such as hotel,
building existing on the effective
date of this
restaurant,
title is changed.
auditorium, etc.
D. Number of Spaces Required. Off-street
parking shall be provided
as follows:
Fraternity, sorority
1 space for each 6
or dormitory:
student beds.
Use
Requirement
3. INSTITUTIONS
1. RESIDENTIAL
Welfare or correc-
1 space per 3 beds
One, two and three
2 spaces per
tional institution:
for patients or
family dwellings:
dwelling unit
inmates.
Multi -family dwelling
Convalescent Hos-
1 space per 2 beds
containing four or
pital, nursing
for patients or
more dwelling units:
hospital, sanitarium
residents.
rest home, home for
Studio or efficiency
the aged:
unit
.75 space per unit
1 bedroom unit
1.00 space per unit
Hospital:
1.5 spaces per bed.
2 bedroom unit
1.50 space per unit
3 bedroom unit
2.25 space per unit
4. PLACES OF PUBLIC ASSEMBLY
4 bedroom unit
2.50 space per unit
Church:
1 space per 4 seats
Apartment/hotel,
.50 space guest
or 8 feet of bench
rooming or boarding
parking per
length in the main
house:
dwelling unit.
auditorium or 1
Quad or quint
4.5 spaces per quad
space for each 50
sq. ft. of floor
dwelling:
and 5.5 spaces per
area used for
quint.
assembly.
2. COMMERCIAL RESIDENTIAL
Library, reading
1 space per 400 sq.
Hotel:
1 space per guest
room, museum,
ft. of floor area
room plus 1 space
art gallery:
plus 1 space per 2
per 2 employees.
employees.
Motel:
1 space per guest
Preschool, nursery
2 spaces per
room or suite plus
or kindergarten:
teacher.
1 additional space
for the owner-
Elementary or junior
1 space per 4
manager.
high schools:
seats or 8 feet of
Club or lodge:
Spaces to meet the
bench length in
auditorium or
Chapter 18.116
3
(11/95)
High schools:
College or
commercial
school for adults:
Other auditorium
or meeting room:
assembly room,
whichever is
greater, plus 1
space per
employee.
1 space for each
6 students or 1
space per 4 seats
or 8 feet of bench
length in the main
auditorium,
whichever is
greater, plus 1
space per
employee.
1 space per 3 seats
in classrooms.
1 space per 4 seats
or 8 feet of bench
length. If no fixed
seats or benches, l
space per 60 sq. ft.
of floor space.
5. COMMERCIAL AMUSEMENTS
Stadium, arena or 1 space per 4 seats
theater: or 8 feet of bench
length.
Bowling alley: 6 spaces per lane
plus 1 space per 2
employees.
Dance hall or skating 1 space per 100 sq.
rink: ft. of floor area
plus 1 space per 2
employees.
6. COMMERCIAL
Grocery stores of 1500 1 space per 300 sq.
sq. ft. or less of gross ft. of gross floor
floor area, and retail area.
"148`1291
stores, except those selling
bulky merchandise:
Supermarkets, grocery
stores:
Service or repair shops,
retail stores and out-
lets selling furniture,
automobiles or other
bulky merchandise where
the operator can show
the bulky merchandise
occupies the major area
of the building:
Bank or office, except
medical or dental:
Medical and dental
office or clinic:
Eating or drinking
establishments:
Mortuaries:
7. INDUSTRIAL
Manufacturing estab-
lishment:
1 space per 200 sq.
ft. of gross floor
area.
1 space per 600 sq.
ft. of gross floor
area.
1 space per 300 sq.
ft. of gross floor
area.
1 space per 150 sq.
ft. of gross floor
area.
1 space per 100
sq. ft. of gross floor
area.
1 space per 4 seats
or 8 ft. of bench
length in chapels.
1 space per
employee on the
largest working
shift.
Chapter 18.116 4 (11/95)
Storage warehouse, 1 space per 2,000
wholesale establishment sq. ft. of floor area.
rail or trucking freight
terminal:
8. Other uses not specifically listed above
shall be provided with adequate parking as
required by the Planning Director or Hearings
Body. The above list shall be used as a guide
for determining requirements for said other
uses.
E. General Provisions - Off -Street Parking.
1. More Than One Use on One or More
Parcels. In the event several uses occupy a
single structure or parcel of land, the total
requirement for off-street parking shall be the
sum of requirements of the several uses
computed separately.
2. Joint Use of Facilities. The off-street
parking requirements of two or more uses,
structures or parcels of land may be satisfied
by the same parking or loading space used
jointly to the extent that it can be shown by
the owners or operators of the uses, structures
or parcels that their operations and parking
needs do not overlap at any point of time. If
the uses, structures or parcels are under
separate ownership, the right to joint use of
the parking space must be evidence by a deed,
lease, contract or other appropriate written
document to establish the joint use.
3. Location of Parking Facilities. Off-
street parking spaces for dwellings shall be
located on the same lot with the dwelling.
Other required parking spaces shall be located
on the same parcel or another parcel not
farther than 500 feet from the building or use
they are intended to serve, measured in a
straight line from the building in a commercial
or industrial zone. Such parking shall be
located in a safe and functional manner as
determined during site plan approval. The
burden of proving the existence of such off -
premise parking arrangements rests upon the
applicant.
4. Use of Parking Facilities. Required
parking space shall be available for the
parking of operable passenger automobiles of
01`3892
residents, customers, patrons and employees
only and shall not be used for the storage of
vehicles or materials or for the parking of
trucks used in conducting the business or used
in conducting the business or use.
5. Parking, Front Yard. Required parking
and loading spaces for multi -family dwellings
or commercial and industrial uses shall not be
located in a required front yard, except in the
PC -I Zone, but such space may be located
within a required side or rear yard.
F. Development and Maintenance
Standards for Off -Street Parking Areas.
Every parcel of land hereafter used as a
public or private parking area, including
commercial parking lots, shall be developed as
follows:
1. An off-street parking area for more than
five vehicles shall be effectively screened by a
sight -obscuring fence.
2. Any lighting used to illuminate off-street
parking areas shall be so arranged that it will
not project light rays directly upon any
adjoining property in a residential zone.
3. Groups of more than two parking
spaces shall be located and designed to
prevent the need to back vehicles into a street
or right of way other than an alley.
4. Areas used for standing and
maneuvering of vehicles shall be paved
surfaces adequately maintained for all-weather
use and so drained as to contain any flow of
water on the site. An exception may be made
to the paving requirements by the Planning
Director or Hearings Body upon finding that:
a. A high water table in the area
necessitates a permeable surface to reduce
surface water runoff problems; or
b. The subject use is located outside of a
Rural Service Center and the proposed
surfacing will be maintained in a manner
which will not create dust problems for
neighboring properties; or
c. The subject use will be in a Rural
Industrial area and dust control measures will
occur on a continuous basis which will
mitigate any adverse impacts on surrounding
properties.
Chapter 18.116 5 (11/95)
5. Except for parking to serve residential
uses, parking and loading areas adjacent to
residential uses shall be designed to minimize
disturbance of residents.
6. Access aisles shall be of sufficient width
for all vehicular turning and maneuvering.
7. Service drives to off-street parking areas
shall be designed and constructed to facilitate
the flow of traffic, provide maximum safety of
traffic access and egress and maximum safety
of pedestrians and vehicular traffic on the site.
The number of service drives shall be limited
to the minimum that will accommodate and
serve the traffic anticipated. Service drives
shall be clearly and permanently marked and
defined through the use of rails, fences, walls
or other barriers or markers. Service drives to
drive-in establishments shall be designed to
avoid backing movements or other
maneuvering within a street other than an
alley.
8. Service drives shall have a minimum
vision clearance area formed by the
intersection of the driveway centerline, the
street right of way line and a straight line
joining said lines through points 30 feet from
their intersection.
9. Parking spaces along the outer
boundaries of a parking area shall be
contained by a curb or bumper rail placed to
prevent a motor vehicle from extending over
an adjacent property line or a street right of
way.
G. Off -Street Parking Lot Design. All off-
street parking lots shall be designed subject to
county standards for stalls and aisles as set
forth in the following drawings and table:
q48-1293
A B C D E F
9'0" 9.0 12.0 22.0 30.0
00 9'6" 9.5 12.0 22.0 31.0
10'0" 10.0 12.0 22.0 32.0
9'0" 19.8 13.0 12.7 52.5
450 9'6" 20.1 13.0 13.4 53.3
10'0" 20.5 13.0 14.1 54.0
600 9'6" 21.2 18.0 11.0 60.4
10'0" 21.5 18.0 11.9 61.0
9'0" 21.0 19.0 9.6 61.0
700 9'6" 21.2 18.5 10.1 60.9
10'0" 21.2 18.0 10.6 60.4
9'0" 20.0 24.0 9.0 64.0
900 9'6" 20.0 24.0 9.5 64.0
10'0" 20.0 24.0 10.0 64.0
A. Parking Angle
B. Stall Width
C. 20' Stall
D. Aisle Width -One Way
E. Curb Length Per Car
F. Bay Width
* 24' Minimum for
Two -Way Traffic
1. For one row of stalls use "C" + "D" as
minimum bay width.
2. Public alley width may be included as
part of dimension "D," but all parking stalls
must be on private property, off the public
right of way.
3. For estimating available parking area,
use 300-325 square feet per vehicle for stall,
aisle and access areas.
4. For large parking lots exceeding 20
stalls, alternate rows may be designed for
compact cars provided that the compact stalls
do not exceed 30 percent of the total required
stalls. A compact stall shall be eight feet in
width and 17 feet in length with appropriate
aisle width. (Ord. 93-063 § 2, 1993; Ord. 93-
043 § 19, 1993; Ord. 91-038 § 1, 1991; Ord.
91-020 § 1, 1991; Ord. 90-017 § 1, 1990)
Chapter 18.116 6 (11/95)
18.116.031 Bicycle parking.
New development and any construction,
renovation or alteration of an existing use
requiring a site plan review under this title for
which planning approval is applied for after
the effective date of Ordinance 93-005 shall
comply with the provisions of this section.
A. Number and Type of Bicycle Parking
Spaces Required.
1. General Minimum Standard. All uses
that require off-street motor vehicle parking
shall, except as specifically noted, provide one
bicycle parking space for every five required
motor vehicle parking spaces. Except as
specifically set forth herein, all such parking
facilities shall include at least two sheltered
parking spaces or, where more than 10 bicycle
spaces are required, at least 50 percent of the
bicycle parking spaces shall be sheltered.
2. Special Minimum Standards.
a. Multi -Family Residences. Every
residential use of four or more dwelling units
shall provide at least one bicycle parking space
for each unit. In those instances in which the
residential complex has no garage, required
spaces shall be sheltered.
b. Parking Lots. All public and
commercial parking lots and parking
structures shall provide a minimum of one
bicycle parking space for every 10 motor
vehicle parking spaces.
c. Schools. Secondary schools, both public
and private, shall provide one bicycle parking
space for every 10 students, all of which shall
be sheltered.
d. Colleges. One-half of the bicycle
parking spaces at colleges, universities and
trade schools shall be sheltered facilities.
3. Trade Off with Motor Vehicle Parking
Spaces.
a. One motor vehicle parking space may
be deleted from the required number of
spaces in exchange for providing required
bicycle parking. Any deleted motor vehicle
space shall be replaced with at least five
bicycle spaces. If such additional parking is to
be located in the area of the deleted
automobile parking space, it must meet all
0148-1
other bicycle parking standards.
b. The Hearings Body or Planning
Director may authorize additional bicycle
parking in exchange for required motor
vehicle parking in areas of demonstrated,
anticipated, or desired high bicycle use.
4. Calculating number of bicycle spaces.
a. Fractional spaces shall be rounded up to
the next whole space.
b. For facilities with multiple uses (such as
a commercial center) bicycle parking
requirements shall be calculated by using the
total number of motor vehicle spaces required
for the entire development.
B. Bicycle Parking Design.
1. General Description.
a. Sheltered Parking. Sheltered parking
may be provided within a bicycle storage
room, bicycle locker, or racks inside a
building; in bicycle lockers or racks in an
accessory parking structure; underneath an
awing, eave, or other overhang; or by other
facility as determined by the Hearings Body or
Planning Director that protects the bicycle
from direct exposure to the elements.
b. Unsheltered parking maybe provided by
bicycle racks.
2. Location
a. Required bicycle parking that is located
outdoors shall be located on-site within 50
feet of main entrances and not farther from
the entrance than the closest motor vehicle
parking space. Bicycle parking shall be
located in areas of greatest use and
convenience to bicyclist. Such bicycle parking
shall have direct access to both the public
right of way and to the main entrance of the
principal use.
b. Bicycle parking facilities shall be
separated from motor vehicle parking and
drive areas by a barrier or sufficient distance
to prevent damage to the parked bicycle.
c. Where bicycle parking facilities are not
directly visible and obvious from the public
right(s) of way, entry and directional signs
shall be provided to direct bicyclists for the
public right of way to the bicycle parking
facility. Directions to sheltered facilities
Chapter 18.116 7 (11/95)
inside a structure may be signed, or supplied
by the employer, as appropriate.
3. Dimensional Standards.
a. Each bicycle parking space shall be at
least two by six feet with a vertical clearance
of seven feet.
b. An access aisle of at least five feet wide
shall be provided and maintained beside or
between each row of bicycle parking.
c. Each required bicycle parking space
shall be accessible without moving another
bicycle.
4. Surface. The surface of an outdoor
parking facility shall be surfaced in the same
manner as the motor vehicle parking area or
with a minimum of one inch thickness of
aggregate material. This surface will be
maintained in a smooth, durable, and well -
drained condition.
5. Security.
a. Bicycle parking facilities shall offer
security in the form of either a lockable
enclosure in which the bicycle can be stored
or a stationary object (i.e., a "rack") upon
which the bicycle can be locked. Structures
that require a user -supplied lock shall
accommodate both cables and U-shaped locks
and shall permit the frame and both wheels to
be secured (removing the front wheel may be
necessary). All bicycle racks, lockers, or other
facilities shall be permanently anchored to the
surface of the ground or to a structure.
b. Lighting shall be provided in a bicycle
parking area so that all facilities are
thoroughly illuminated and visible from
adjacent sidewalks or motor vehicle parking.
6. Other means that provide the above
level of bicycle parking may be approved by
the Hearings Body or the Planning Director.
(Ord. 93-005 § 4, 1993)
18.116.035 Bicycle commuter facilities.
A. Each commercial or public building
having a work force of at least 25 people shall
have bicycle commuter facilities consisting of
shower(s) and changing rooms(s). For
facilities with more than one building (such as
a college), bicycle commuter facilities may be
0148-1290"-
inside
148-1290
located in a central location.
B. This provision shall apply to (1) new
development requiring off-street parking and
(2) any construction, renovation or alteration
of an existing use requiring a site plan review
under this title for which planning approval is
applied for after the effective date of
Ordinance 93-005. (Ord. 93-005 § 5, 1993)
18.116.040 Accessory uses.
An accessory use shall comply with all
requirements for a principal use, except as this
[ordinance] title specifically allows to the
contrary, and shall comply with the following
limitations:
A. A side yard or rear yard may be reduced
to five feet for an accessory structure erected
more than 65 feet from a front lot line,
provided the structure is detached from other
buildings by five feet or more and does not
exceed a height of one story nor an area of
450 square feet.
B. Boats and trailers, travel trailers, pickup
campers or coaches, motorized dwellings and
similar recreational equipment may be stored
on a lot but not used as an accessory use [a]in
any zone provided that:
1. In a residential zone, parking or storage
in a front yard or in a side yard adjoining a
street other than an alley shall be permitted
only on a driveway.
2. Parking or storage shall be at least three
feet from an interior side lot line.
C. A manufactured home maybe stored on
an individual lot subject to obtaining a zoning
approval from the Planning Division and
subject to the following:
1. Storage period shall not exceed one
year.
2. No utilities other than electric may be
connected.
3. The mobile home shall not be inhabited.
4. The subject lot is not located in a CH,
Conventional Housing Combining Zone.
(Ord. 95-075 § 1,1995; Ord. 91-038 § 1, 1991)
18.116.050 Manufactured homes.
Manufactured Home Classes. For purposes
Chapter 18.116 8 (11/95)
of these regulations, manufactured homes are
divided into the following types:
A. A Class A manufactured home shall:
1. Have more than 1,000 square feet of
occupied space in a double section or larger
multisection unit;
2. Be placed on a foundation or support
system, as specified by the manufacturer.
Skirting shall be required;
3. Have wheels, axles and hitch
mechanisms removed;
4. Have utilities connected subject to the
requirements of the Building Codes Agency
and manufacturer's specifications;
5. Bear an insignia of compliance with the
Manufactured Housing and Construction and
Safety Standards Code;
6. Have roofing materials of a type
customarily used on site -constructed
residences, including wood shakes or shingles,
asphalt or fiberglass shingles, corrugated mat -
finish colored metal and tile materials, but not
including high -gloss corrugated aluminum or
fiberglass panels. The roof pitch shall be a
minimum of two and one-half;
7. Have siding materials of a type
customarily used on site -constructed
residences such as clapboard, horizontal vinyl
or aluminum lap -siding, cedar or other wood
siding, brick or stone, and not including high -
gloss finished material, corrugated metal or
fiberglass, or metal or plastic panels.
B. A Class B manufactured home shall:
1. Have at least 750 square feet of
occupied space in a single, double, expand or
multisection unit;
2. Be placed on a foundation, as specified
by the manufacturer. Skirting shall be
required;
3. Have wheels, axles and hitch
mechanisms removed;
4. Have utilities connected subject to the
requirements of the Building Codes Agency
and manufacturer's specifications;
5. Bear an insignia of compliance with the
Manufactured Housing and Construction and
Safety Standards Code as of June 15, 1976;
6. Have roofing materials of a type
Chapter 18.116
customarily used on site -constructed
residences, including wood shakes or shingles,
asphalt or fiberglass shingles, corrugated mat -
finish colored metal and tile materials, but not
including high -gloss corrugated aluminum or
fiberglass panels. The roof pitch shall be a
minimum of two and one-half,
7. Have nonreflective siding materials and
trim typical of site -constructed residences.
C. A Class C manufactured home shall:
1. Have at least 576 square feet of
occupied space, excluding tipouts and hitches;
2. Be placed on a foundation or support
system, as specified by the manufacturer.
Skirting shall be required;
3. Bear an insignia of compliance with the
Manufactured Housing and Construction and
Safety Standards Code as of June 15, 1976, or
bear the Oregon Department of Commerce
"Insignia of Compliance;"
4. Have utilities connected subject to the
requirements of the Building Codes Agency
and manufacturer's specifications.
D. A Class D manufactured home shall:
1. Have more than 320 square feet of
occupied space;
2. Be placed on a foundation or support
system, as specified by the manufacturer.
Skirting shall be required;
3. Have utilities connected subject to
requirements of the Building Codes Agency
and manufacturer's specifications. (Ord. 93-
043 §§ 19B -E, 1993; Ord. 91-038 § 4, 1991;
Ord. 91-017 §§ 1-3 and 4, 1991; Ord. 91-005
§§ 38-40, and 41, 1991; Ord. 89-004 §§ 3 and
5, 1989; Ord. 81-042 § 1-3 and 4)
18.116.070 Placement standards for
manufactured homes.
A. As defined in section 18.116.050, Class
A and B manufactured homes shall be
permitted as follows, subject to the
requirements of the underlying zone:
1. In the following zones, except where
there is a Conventional Housing Overlay Zone
(CH): EFU-320, EFU-80, EFU-40, EFU-20,
MUA-10, F-2, F-3, RR -10, RSC, RSR -M,
RSR -5, FP as the primary dwelling, and R -I as
9 (11/95)
a caretaker's residence.
2. In manufactured home parks and
subdivisions.
3. As permitted in sections 18.116.080 and
18.116.090.
4. Class A and B manufactured homes are
not permitted in any historic district or on any
historic site.
B. Class C manufactured homes shall be
permitted as follows:
1. Except as otherwise allowed in this
subsection, on parcels 10 acres in size or
larger.
2. As a secondary accessory farm dwelling.
3. In manufactured home parks and
manufactured home subdivisions.
4. As permitted in sections 18.116.080 and
18.116.090.
5. As a replacement to an existing
nonconforming manufactured home destroyed
by fire or other natural act, or as an upgrade
to an existing manufactured home.
6. In the following subdivisions: Rockview
II, Tetherow Crossing, Chaparral Estates,
Crystal Acres, Hidden Valley Mobile Estates,
Johnson Acres, Seven Peaks, Sun Mountain
Ranches, River Homesites, Happy Acres,
Rancho El Sereno, Whispering Pines, Bend
Cascade View Estates, Raintree, Holmes
Acres, La Pine Meadows North, Pine Crest
Ranchettes, Dora's Acres, Pierce Tracts, Roan
Park, South Forty, Tomes, Crooked River
Ranch, Dale Acres, Replat/Hillman, Lake
Park Estates, Mary K. Falls Estates.
7. Class C manufactured homes are not
permitted in any historic district or on any
historic site.
C. An exception may be granted by the
Planning Director or Hearings Body to allow
a Class C manufactured home to be placed in
a subdivision which is not listed in paragraph
(B)(6), above, where all of the following
conditions exist:
1. The manufactured home is specifically
designed or has been substantially modified
for wheelchair or handicapped access
(handicapped accessible manufactured home).
2. There are Class C manufactured homes
0148-1291
in the subdivision located within one-quarter
mile of the lot upon which the manufactured
home will be placed.
3. The handicapped -accessible
manufactured home and lot upon which the
manufactured home is to be placed were
purchased by the applicant prior to February
22, 1989.
D. Class D manufactured homes shall be
permitted as follows:
1. In manufactured home parks and
subdivisions.
2. As permitted in sections 18.116.080 and
18.116.090.
3. Class D manufactured homes are not
permitted in any historic district or on any
historic site. (Ord. 91-020 § 1, 1991; Ord. 91-
005 §§ 42 and 43, 1991; Ord. 89-016 § 1,1989;
Ord. 89-014 § 1,1989; Ord. 89-004 §§ 3 and 5,
1989; Ord. 81-042 § 5, 1981)
18.116.080 Manufactured home or RV
as a temporary residence on
an individual lot.
A manufactured home of any class or a
recreational vehicle may be authorized as a
temporary residence on an individual lot and
shall comply with the following additional
provisions:
A. The manufactured home or recreational
vehicle shall be placed upon a lot for which a
building permit for a housing unit has been
obtained.
B. The manufactured home or recreational
vehicle shall be occupied only during a period
in which satisfactory progress is being made
toward the completion of the housing unit on
the same site.
C. Electric, water and sewer utility
connections shall be made to the
manufactured home or recreational vehicle.
D. The manufactured home shall be
removed from the lot not later than 18
months following the date on which the
building permit for the housing unit is issued
or not later than two months following the
date of final building inspection of the housing
unit, whichever occurs first. The habitation of
Chapter 18.116 10 (11/95)
the recreational vehicle must cease, and its
connection to all utilities other than electric
must be discontinued not later than 18 months
following the date on which the building
permit for the housing unit is issued or not
later than two months following the
completion of the housing unit, whichever
occurs first.
E. All evidence that the manufactured
home has been on the lot shall be removed
within the 30 days following the removal of
the manufactured home. (Ord. 93-043 § 19F,
1993; Ord. 91-005 § 44,1991; Ord. 89-004 § 4,
1989)
18.116.090 A manufactured home as a
temporary residence for
medical condition.
A. A temporary use permit for a
manufactured home of any class in a
residential area may be granted when a
medical condition exists which requires the
temporary location of a manufactured home
on the property in order to provide necessary
care for a member of the principal occupant's
family. Such medical condition must be
verified by a doctor's written statement, which
shall accompany the permit application.
B. The temporary use permit shall be
reviewed annually for compliance with the
terms of this section.
C. The manufactured home shall be
removed not later than 90 days following the
date the medical condition requiring the
temporary use permit ceases to exist. (Ord.
91-005 § 45, 1991; Ord. 89-004 § 5, 1989)
18.116.100 Building projections.
Architectural features such as cornices,
eaves, canopies, sunshades, gutters, chimneys
and flues shall not project more than three
feet into a required yard, provided that the
projection is not closer than three feet to a
property line. (Ord. 91-038 § 4, 1991)
18.116.120 Fences.
A. Fences which form a solid barrier or are
sight obstructive shall not exceed three and
0148-1296
one-half feet in height when located in a
required front yard or in a clear vision area.
B. Fences in Wildlife Area Combining
Zones shall be designed in conformance with
the requirements of chapter 18.88.
C. All fences shall comply with the
requirements of the State of Oregon Building
Code. (Ord. 92-042 § 3, 1992; Ord. 91-038 §
1, 1991)
18.116.130 Hydroelectric facilities.
A. No new hydroelectric facilities shall be
constructed, and no existing hydroelectric
facilities shall be enlarged or expanded in size
of area or generating capacity, on the
following rivers and streams within Deschutes
County:
1. Deschutes River, from its headwaters to
River Mile 227, above, but not including
Wickiup Dam, and from Wickiup Dam to
River Mile 171 below Lava Island Falls;
2. Crooked River;
3. Fall River;
4. Little Deschutes River;
5. Spring River;
6. Paulina Creek;
7. Squaw Creek; and
8. Tumalo Creek.
B. Hydroelectric facilities are allowed as a
conditional use on the Deschutes River at
Wickiup Dam, and from River Mile 171 below
Lava Island Falls downstream to the northern
Deschutes County line. Such conditional use
shall be governed by the conditions set forth
in section 18.128.040. (Ord. 86-018 § 17,
1986)
18.116.140 Electrical substations.
Electrical substations, whether as an
outright or conditional use, shall submit a site
plan complying with the provisions of this title
to the Planning Department. (Ord. 91-020 § 1,
1991)
18.116.150 Endangered species.
Developments which occur in areas which
may disturb species (plant or animal) listed by
the U. S. Environmental Protection Agency or
Chapter 18.116 11 (11/95)
the Department of Fish and Wildlife as
endangered shall prepare an acceptable
protection plan for use during and after
construction (e.g., a nest protection plan for
developments in the vicinity of Bald Eagle
nesting sites). (Ord. 91-020 § 1, 1991)
18.116.160 Rimrock setbacks outside of
LM combining zone.
All structures, including decks, within 50
feet from the edge of a rimrock, as defined in
section 18.04.1045 of this title, shall be subject
to site review if visible from the river or
stream. Prior to approval of any structure
within 50 feet of a rimrock, the Planning
Director or Hearings Body shall make the
following findings:
A. All structures, including decks, shall be
set back a minimum of 20 feet from the edge
of the rimrock.
B. The height of the structure shall not
exceed the setback from the edge of the
rimrock.
C. Existing trees and shrubs which reduce
the visibility of the proposed structure shall be
retained.
D. Where multiple structures are proposed
on a parcel of land the structures shall be
grouped or clustered so as to maintain a
general appearance of open landscape for the
effected area. This shall require a
maintenance of at least 65 percent open space
along all rimrocks. (Ord. 92-034 § 3, 1992;
Ord. 91-020 § 1, 1991; Ord. 88-004 § 1, 1988;
Ord. 86-053 § 21,1986; Ord. 85-016 § 2,1985;
Ord. 82-013 § 2, 1982; Ord. 81-015 § 1, 1981)
18.116.170 Solar height restrictions.
No building, structure or nonexempt
vegetation may exceed the solar height
restriction established on a burdened property
by the solar access of a benefitted property.
(Ord. 83-037 § 25, 1983)
18.116.180 Building setbacks for the
protection of solar access.
A. Purpose. The purpose of this section is
to provide as much solar access as practical
during the winter solar heating hours to
existing or potential buildings by requiring all
new structures to be constructed as far south
on their lots as is necessary and feasible.
B. Standards. Every new structure or
addition to an existing structure shall meet the
following standards for a solar setback from
the north lot line, except as provided in (3)
below:
1. South Wall Protection Standard. The
south wall protection standard is based on an
eight foot solar fence on the subject property's
north lot line which allows solar radiation on
a neighboring building's south wall above two
feet from the ground, assuming a 20 foot
setback from the common property line to the
neighboring building. Solar setbacks for the
south wall protection standards can be
calculated with the diagram in Appendix A-1
or estimated with the table in Appendix A-2.
Final determination of solar setback distance
is made by entering the following variables
into the Deschutes County Shadow Length
computer program:
a. Pole height;
b. The eight foot fence height;
c. The scale of the plot plan submitted in
feet per inch; and
d. Degrees of slope of the land from east
to west and from north to south.
If a setback meeting this requirement is not
feasible due to physical constraints of the lot,
including, but not limited to, rock
outcroppings, septic systems, existing legal
restrictions or lot dimensions, as determined
by the Planning Director or Hearings Body,
then the structure or addition must be located
as far to the south on the lot as feasible and
must meet the standard set forth in paragraph
(2) below.
2. South Roof Protection Standard. The
south roof protection standard is based on a
14 foot solar fence on the subject property's
north lot line which allows for solar radiation
on a neighboring building above eight feet
from ground level and assuming a 20 foot
setback from the common boundary line to
the neighboring building. Solar setbacks for
Chapter 18.116 12 .(11/95)
this standard can be calculated using the
diagram in Appendix B-1 or estimated using
the table in Appendix B-2. Final
determination of the setback will be made
using the Shadow Length computer program
by specifying a 14 foot solar fence and
additional site-specific information as listed in
(1) above.
3. Exceptions. The south roof protection
standard shall not apply only if the applicant
establishes:
a. That the structure cannot be located on
the lot without violating the requirements
contained in Appendix B; and
b. That the structure is built with its
highest point as far to the south as feasible;
and
i. That the structure is a single family
residence with a highest point less than or
equal to 16 feet high; or, if not a single family
residence;
ii. That it is a permitted or conditional use
for the lot.
4. Exemptions.
a. The governing body may exempt from
the provision of this section any area where it
is determined that solar uses are not feasible
because the area is already substantially
shaded due to heavy vegetation, steep north
facing slopes, and any area or zone in which
taller buildings are planned.
b. The Planning Director or Hearings
Body shall exempt a structure from the
provisions of this section if the structure will
shade only a protected area in which solar
uses are not feasible because the protected
area is already substantially shaded at the time
a request for exemption is made and approved
by the Planning Director or Hearings Body.
c. The Planning Director or Hearings
Body shall exempt a structure from the
provisions of section 18.116.180 if the
structure is in conformance with a solar height
restriction as provided in Deschutes County
Code Title 17, the Subdivision/Partition
Ordinance, as amended. (Ord. 91-038 § 1,
1991; Ord. 91-020 § 1, 1991; Ord. 83-037 § 3,
1983)
0148-1300
18.116.190 Solar access permit.
A. Purpose. The purpose of this section is
to provide solar access to productive solar
collectors by establishing limitations, on a case
by case basis, for the growth of vegetation on
certain lots in the vicinity of a productive solar
collector.
B. Application for Solar Access Permit.
1. Any owner may submit an application
for a solar access permit to provide solar
access for a productive solar collector located
on the owner's real property.
2. The application for a solar access permit
shall be on forms prescribed by the county
and shall contain, at a minimum:
a. A legal description of the applicant's lot,
including a statement that the applicant is the
owner of the lot, and a description of the
nature of the applicant's interest in the lot;
b. Documentation to show that the solar
collector is or will be a productive solar
collector within one year of application;
c. Descriptive drawings of the solar
collector showing its dimensions and precise
location;
d. A sun chart and a statement of the solar
heating hours for which solar access is sought;
e. A statement that there is no reasonable
alternative location for the solar collector that
would result in a lesser burden on a
neighboring lot;
f. A statement that trimming the
vegetation on the applicant's lot will not
permit an alternative location that would
lessen the burden on a neighboring lot;
g. A list of the lots that are within 150 feet
to the south, southeast, or southwest of the
solar collector, including streets, alleys and
other unbuildable areas; a legal description for
each such lot; the owner of record and his
address; the exempt vegetation located on the
lot; and any existing nonexempt vegetation
likely to encroach on the protected area;
h. A statement that none of the lots
impacted is located on a north facing slope
with a grade that exceeds, on average, 15
percent;
I. A plot plan showing the location of and
Chapter 18.116 13 (11/95)
delineating all exempt and nonexempt
vegetation as shown on the sunchart
photograph as well as any nonexempt
vegetation not shown on the sunchart which
may encroach on the protected area in the
future. The plot plan shall also include:
i. The exact site of the solar collector, its
height and its orientation.
ii. Scale.
iii. An indication of true north.
iv. A survey of the lot.
3. The solar access permit application shall
be approved if:
a. The solar collector is or will be a
productive solar collector;
b. The protected area to be created by the
solar access permit is reasonably located. A
solar access permit shall be denied under this
paragraph if the applicant could trim his own
vegetation to permit an alternative location
that would be less burdensome upon a
burdened neighboring lot. A solar access
permit shall also be denied under this
paragraph if there is an alternate location that
would impose a lesser burden on a
neighboring lot or lots;
c. The applicant requests solar heating
hours no greater than two hours before and
after the solar zenith from September 22 to
March 21, and three hours before and after
the solar zenith from March 22 to September
21;
d. The solar access provided by the permit
does not burden any lot with a north facing
slope with a grade that exceeds, on average,
15 percent; or which is more than 150 feet
from the solar collector; and
e. The application is accurate and
complete.
C. Solar Access Permit Issuance and
Recordation.
1. Upon the approval of an application,
the county shall issue and acknowledge a solar
access permit creating the solar access
requested in the application.
2. Upon receiving such a permit, the
County Clerk shall:
a. Record the solar access permit in the
MS -1301
chain of title of the applicant's lot and of each
neighboring lot identified in the application;
and
b. Keep a copy of the approved application
on file in county records.
3. The form of the solar access permit
shall be as prescribed by the county and shall
contain, at a minimum:
a. A legal description of the applicant's lot
and each neighboring lot to be burdened by
the solar access created by the solar access
permit; and
b. A complete description of the solar
access restrictions applicable to each
neighboring lot, including the solar heating
hours during which solar access is provided,
and a sun chart showing the plotted skyline,
including vegetation and structures, and a
scaled drawing showing the size and location
of the protected area and its orientation with
respect to true south; and
c. A reference to where the approved
application may be obtained.
D. Obligation Created by Solar Access
Permit. The owner of any lot burdened by a
solar access permit shall trim any vegetation
not exempted on the burdened lot that shades
the protected area created by the solar access
permit, provided that there is no vegetation on
the lot benefitted by the solar access permit
that also shades the protected area. The cost
of such trimming shall be borne by the owner
of the benefitted lot if the vegetation existed
at the time of permit application as shown on
the plot plan; and for all other vegetation, by
the owner of the burdened lot. Before any
trimming is required, the collector owner must
certify that the collector is still productive.
E. Termination of Solar Access Permit.
1. The Planning Director or Hearings
Body shall terminate the solar access permit
with respect to all or part of the neighboring
lots burdened by the solar access permit if a
petition for termination is submitted by the
applicant or the applicant's successor in
interest, or the collector is not productive for
12 consecutive months.
2. The County Clerk shall record the
Chapter 18.116 14 (11/95)
termination of the solar access permit in the
chain of title of each lot affected by the
termination. (Ord. 93-043 § 19G, 1993; Ord.
91-020 § 1, 1991; Ord. 83-037 § 3, 1983)
18.116.200 Recreational vehicle on an
individual lot.
A. A recreational vehicle, as defined in this
title, may be located on a subject lot and used
as a temporary dwelling unit for a period [for]
of not more than 30 days in any 60 day period.
Recreational vehicles which are to be
connected to sewer, water or power shall
obtain all necessary permits from the
Deschutes County Building Safety Division
and the Environmental Health Division.
B. A temporary use permit may be issued
for location of a recreational vehicle on an
individual lot for a period not to exceed 120
days in a single year. (Ord. 95-075 § 1, 1995;
Ord. 91-038 § 3, 1991)
18.116.210 Residential homes and
residential facilities.
A. Residential homes and residential
facilities shall be permitted in the same
manner that single-family dwellings are
permitted under this title. For the purposes
of this title, the term "dwelling" or "single-
family dwellings" shall be synonymous with the
terms "residential home" or "residential
facility."
B. In any application for a residential
home or residential facility, the applicant shall
not be required to supply any information
concerning the existence of or the nature or
severity of any handicap (as that term is
defined under the Fair Housing Act) of
prospective residents. (Ord. 91-038 § 3, 1991)
18.116.220 Conservation easements on
property adjacent to rivers
and streams -Prohibitions.
A. As a condition of approval of all land
use actions involving property adjacent to the
Deschutes River, Crooked River, Fall River,
Little Deschutes River, Spring River, Paulina
Creek, Squaw Creek and Tumalo Creek, the
0148-1302
property owner shall convey to the county a
conservation easement, as defined in section
18.04.280, "Conservation Easement," affecting
all property on the subject lot which is within
10 feet of the ordinary high water mark of the
river or stream.
B. The form of the conservation easement
shall be as prescribed by the county and may
contain such conditions as the county deems
necessary to carry out the purposes described
in section 18.04.280, "Conservation Easement."
C. Any public access required as part of a
conservation easement shall be subject to the
following conditions:
1. Public access shall be limited to foot
traffic for recreational purposes and the
putting in or taking out of boats.
2. Unless otherwise permitted by the
affected property owner, public access does
not allow public passage through other private
property to gain access to the property subject
to the conservation easement.
3. Unless otherwise permitted by state law,
county ordinance or the property owner, no
person on the subject property as a result of a
public access requirement of a conservation
easement shall deposit solid waste, damage or
remove any property, (including wildlife and
vegetation) maintain or ignite fires or
fireworks, discharge firearms or camp. (Ord.
91-020 § 1, 1991; Ord. 89-004 § 3, 1989; Ord.
86-054 § 2, 1986)
18.116.230 Standards for class I and II
road projects.
Standards for Class I and II Road Projects.
Class I and II road or street projects shall be
reviewed against the applicable
Comprehensive Plan Transportation Plan
element, shall be consistent with applicable
road standards and shall meet the following
criteria:
A. Compatibility with existing land use and
social patterns, including noise generation,
safety hazards (e.g. children in a residential
area), and zoning.
B. Environmental impacts, including
hazards imposed to and by wildlife (e.g.
Chapter 18.116 15 (11/95)
migration or water use patterns).
C. Retention of scenic quality, including
tree preservation.
D. Means to improve the safety and
function of the facility, including surrounding
zoning, access control and terrain
modifications.
E. In the case of roadways where
modification results in a change of traffic
types or density, impacts on route safety, route
land use patterns, and route
nonmotorized/pedestrian traffic.
F. Consideration of the potential
developmental impact created by the facility.
G. Cost-effectiveness. (Ord. 93-043 §
19(H), 1993)
18.116.240 Protection of historic sites.
Historic sites listed and described on the
County's Goal 5 inventory, contained in the
Resource Element of the comprehensive plan,
shall be protected or not protected in
accordance with programs set forth in the
ESEE determinations for each individual site,
adopted as part of the Resource Element of
the comprehensive plan and any
comprehensive plan policies specifically
applicable to the site. The uses allowed and
dimensional standards prescribed by the
underlying zoning designations for designated
historic sites are not otherwise affected by the
historic designation. (Ord. 94-030 § 1, 1994)
0148-1303
Chapter 18.116 16 (11/95)
Appendix A
ESTIMATED SOLAR SETBACKS
SOUTH WALL PROTECTION
8 -Foot Fence
NOTE: These are solar setback lines, calculated 290 east (and west)
of north for a lot with no slope gradient (0°) or a slope
gradient towards the north (north facing) or south (south
facing). Solar setbacks will vary if the property slopes in
any other direction. The building setback :line, measured
perpendicular from the north property line to the structure,
will normally be less than the solar setback distance
indicated in the table above.
HIGHEST SHADE PRODUCING
POINT
16'
18'
20'
22'
24'
26'
28'
30'
SLOPE
North
15°
42.2
52.8
63.4
73.9
84.5
95.0
105.6
116.2
Facing
10°
34.6
43.3
51.9
60.6
69.3
77.9
86.6
95.2
5°
29.5
36.9
44.3
51.6
59.0
66.4
73.8
81.1
Level
00
25.8
32.3
38.7
45.2
51.7
58.1
64.6
71.0
South
V
23.1
28.8
34.6
40.4
46.1
51.9
57.6
63.4
Facing
10'
20.9
26.1
31.3
36.6
41.8
47.0
52.2
57.4
15°
19.1
23.9
28.7
33.5
38.3
43.1
47.9
52.7
NOTE: These are solar setback lines, calculated 290 east (and west)
of north for a lot with no slope gradient (0°) or a slope
gradient towards the north (north facing) or south (south
facing). Solar setbacks will vary if the property slopes in
any other direction. The building setback :line, measured
perpendicular from the north property line to the structure,
will normally be less than the solar setback distance
indicated in the table above.
U,
El
03
APPENDIX B
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MOKTW fACUM SLOPE 5OUrW FAGin4
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Appendix B
NOTE: These are solar setback lines, calculated 29° east (and west)
of north for a lot with no slope gradient (0° ) or a slope
gradient towards the north (north facing) or south (south
facing). Solar setbacks will vary if the property slopes in
any other direction. The building setback line, measured
perpendicular from the north property line to the structure,
will normally be less than the solar setback distance indicated
in the table above.
ESTIMATED SOLAR SETBACKS
SOUTH
ROOF
PROTECTION
14 -Foot
Fence
HIGHEST
SHADE PRODUCING POINT
16'
181
20'
221
24'
26'
281
30,1
SLOPE
North
15°
10.6
21.1
31.7
42.2
52.8
63.4
73.9
84.5
Facing
100
8.7
17.3
26.0
34.6
43.3
51.9
60.6
69.3
50
7.4.
14.8
22.1
29.5
36.9
44.3
51.6
59.0
Level
00
6.5,
12.9
19.4
25.8
32.3
38.7
45.25 51.7
South
50
5.8
11.5
17.3
23.1
28.8
34.6
40.4
46.1
Facing
100
5.2
10.4
15.7
20.9
26.1
31.3
36.6
41.8
150
4.8
9.6
14.4
19.1
23.9
28.7
33.5
38.3
NOTE: These are solar setback lines, calculated 29° east (and west)
of north for a lot with no slope gradient (0° ) or a slope
gradient towards the north (north facing) or south (south
facing). Solar setbacks will vary if the property slopes in
any other direction. The building setback line, measured
perpendicular from the north property line to the structure,
will normally be less than the solar setback distance indicated
in the table above.
Chapter 18.120
EXCEPTIONS
Sections:
18.120.010 Nonconforming uses.
18.120.020 Nonconforming lot sizes.
18.120.030 Exceptions to yard
requirements.
18.120.040 Building height exceptions.
18.120.050 Fill and removal exceptions.
18.120.010 Nonconforming uses.
Except as otherwise provided in this title,
the lawful use of a building, structure or land
existing on the effective date of this title or
any amendment thereto may be continued
although such use or structure does not
conform with the standards for new
development specified in this title. A
nonconforming use or structure may be
altered, restored or replaced subject to this
section. No nonconforming use or structure
may be resumed after a one year period of
interruption or abandonment unless the
resumed use conforms with the provisions of
this title in effect at the time of the proposed
resumption.
A. Expansion or Replacement of a
Nonconforming Structure.
1. Nonconforming Structure. For the
purposes of this section, a nonconforming
structure is one that was lawfully established
and violates current setbacks of this title but
conforms with respect to use.
2. Replacement or Expansion without
Additional Encroachment in Setback Area. A
nonconforming structure may be replaced with
a new structure of the same size on the same
footprint as the preexisting nonconforming
structure or may be expanded with an addition
that does not project into the setback area at
any point along the footprint of the structure,
subject to all other applicable provisions of
this title.
3. Replacement or Expansion with
Additional Encroachment in Setback Area.
Chapter 18.120
0148-V-106
Replacement or expansion of a
nonconforming structure that would involve an
additional projection into the front, side or
rear yard setback area at any point along the
footprint of the existing or preexisting
structure may be allowed provided such
additional projection into the setback area (1)
does not exceed 900 square feet; (2) does not
exceed the floor space of the existing or
preexisting structure; (3) does not cause the
structure to project further toward the front,
side or rear property lines than the closest
point of the existing or preexisting structure;
and (4) meets the variance approval standards
set forth in section 18.132.025(A)(1), (A)(2),
(A)(3) and (A)(4).
Such replacements or expansions must
conform with all other applicable provisions of
this title.
B. Verification of Nonconforming Use.
Subject to the procedures set forth in chapter
22.40, the Planning Division will verify
whether or not a use constitutes a valid
nonconforming use in accordance with the
provisions of this section and applicable state
law. Verification of the existence of a
nonconforming use is required prior to or
concurrent with any application to alter or
restore the use. The burden of proof shall be
on the applicant to demonstrate its lawful
existence. The applicant shall demonstrate all
of the following:
1. The nonconforming use was lawful on
the effective date of the provisions of this title
prohibiting the use.
2. The nonconforming use was actually in
existence on the effective date of the
provisions of this title prohibiting the use, or
had proceeded so far toward completion that
a right to complete and maintain the use
would be vested.
3. The nonconforming use has not been
interrupted for a period in excess of one year
or was never abandoned.
C. Maintenance of a Nonconforming Use.
Normal maintenance of a verified
nonconforming use or structure shall be
permitted. Maintenance does not include
(11/95)
alterations which are subject to paragraph (E)
below.
D. Restoration or Replacement of a
Nonconforming Use. A verified
nonconforming use may be restored or
replaced if all of the following criteria are
met:
1. Restoration is made necessary by fire,
natural disaster or other casualty.
2. The nonconforming use is restored or
replaced on the same location and is the same
size or smaller than it was prior to the damage
or destruction.
3. The restoration or replacement of the
nonconforming use is commenced within one
year of the damage or destruction.
E. Alteration of a Nonconforming Use.
Any alteration to a nonconforming use
permitted under this section shall also be
subject to all applicable provisions of this title,
including site plan review. Alteration does
not include expansion of a use or structures
associated with that use or a change in use.
1. The alteration of a nonconforming use
shall be permitted when necessary to comply
with any lawful requirement.
2. In all cases other than that described in
(1) above, alteration of a nonconforming use
or any physical improvements may be
permitted by the Hearings Officer when both
of the following criteria are met:
a. The alteration is necessary to reasonably
continue the nonconforming use.
b. The alteration will have no greater
adverse impact on the neighborhood.
F. Procedure.
1. Any application for verification of a
nonconforming use or to expand, alter, restore
or replace a nonconforming use shall be
processed in conformance with the procedures
for a declaratory ruling under Title 22, the
Deschutes County Uniform Development
Procedures Ordinance.
2. After a decision has been rendered on
an application for a verification of a
nonconforming use (including any appeals
provided for under Title 22 and under state
law), the applicant shall not be entitled to
01 "18-11 (9
reapply under section 22.28.040 for another
verification determination involving the same
use of the property. (Ord. 95-050 § 1, 1995;
Ord. 93-043 § 20,1993; Ord. 91-038 § 1, 1991)
18.120.020 Nonconforming lot sizes.
A. Any parcel of land or portion thereof
which is to be dedicated to a public or other
entity for a road, canal, railroad, utility or
other public use shall be exempt from the
minimum lot size requirements set forth by
this title.
B. Whereas land sections in the county are
affected by survey adjustments, minimum
requirements relative to lot sizes, where
applicable, shall be considered as standard
metes and bounds land section division, (i.e.,
160 acres, 80 acres, 40 acres, 20 acres, etc.);
lot sizes, therefore, may be reasonably smaller
than set forth by this title if a total section
acreage reduction is due to a survey
adjustment or other man-made barriers over
which the applicant has had no control.
C. Any lot that is smaller than the
minimum area required in any zone may be
occupied by an allowed use in that zone
provided that:
1. The lot or parcel is a lot of record, as
defined in section 18.04.680(J), "Lot of
Record."
2. The use conforms to all other
requirements of that zone.
3. If there is an area deficiency, residential
use shall be limited to a single dwelling unit.
4. All necessary permits are obtained.
D. Lots or parcels within the Rural
Residential Zone (RR -10) that are separated
by an arterial right of way created after June
30, 1993, shall be exempt from the minimum
lot dimension of 10 acres in size. Such parcels
may be partitioned only as separated by the
right of way and shall not be smaller than one
acre. (Ord. 93-034 § 2,1993; Ord. 87-015 §§ 1
and 2, 1987)
18.120.030 Exceptions to yard
requirements.
The following exceptions to yard
Chapter 18.120 2 (11/95)
requirements are authorized for a lot in any
zone:
A. If there are buildings on both lots
adjoining an intervening lot that are within
100 feet of the intervening lot, and the
buildings have front yards of less than the
required depth for the zone, the depth of the
front yard for the intervening lot need not
exceed the average depth of the front yards of
the adjoining lots.
B. Architectural features such as cornices,
eaves, sunshades, gutters, chimneys and flues
may project into a required yard. Also, steps,
terraces, platforms, porches having no roof
covering and fences not interfering with the
vision clearance requirements may project into
a required yard. Signs conforming to the
requirements of this title and all other
applicable ordinances shall be permitted in
required yards.
C. Canopies: The yard between a canopy
and any lot line shall be a minimum of 10
feet, except that a smaller setback may be
permitted if specifically allowed in a given
zone.
D. An addition to an existing residential
dwelling which is within 100 feet from the
ordinary high water mark along a stream or
lake may be constructed provided that the
addition is for residential dwelling purposes,
no part of the addition is closer to the stream
or lake than the existing residential structure,
the addition is 900 square feet in area or
smaller and does not exceed the area of floor
space of the existing structure and the
addition conforms with all other setbacks and
building limitations.
E. Dwellings on parcels created prior to
November 1, 1979, may be granted an
exception to the 100 -foot setback from the
ordinary high water mark along a stream or
lake subject to Deschutes County Code Title
22, the Uniform Development Procedures
Ordinance, and the following conditions:
1. An application shall be filed which
includes:
a. A detailed explanation of the planned
development.
0148-1310
b. An explanation of why an exception is
necessary.
c. A site plan, drawn to scale, and
accompanied by such drawings, sketches and
descriptions necessary to describe and
illustrate the proposed development. The site
plan shall, at a minimum, include:
i. An inventory of existing vegetation,
including trees on the lot located within 200
feet of the ordinary high water mark along the
stream or lake. The inventory shall be in
sufficient detail to allow the review and
evaluation of the impacts of the proposed
development.
ii. Proposed modifications of the
vegetation on the lot within 200 feet of the
ordinary high water mark along the stream or
lake, including the size, species and
approximate locations of existing vegetation to
be retained and new vegetation proposed to
be placed upon the site.
iii. Existing and proposed site contours.
iv. The locations and dimensions of all
structures, property lines, easements, high
water lines or marks, utilities and uses.
v. Other site elements and information
that will assist in the evaluation of the
proposed development.
d. An explanation of how the proposed
development will satisfy each of the exception
criteria set forth in section 18.120.030(E)(b),
below.
2. An exception may be granted only upon
findings that:
a. The structure to be sited is a dwelling
that is no greater than 40 feet in depth
(including garages, carports and decks);
b. Adherence to the 100 -foot setback
would create a hardship, as defined in
paragraph (3) below, preventing such a
dwelling from being sited on the lot;
c. The site plan protects and enhances the
vegetative fringe between the dwelling and the
stream or lake to the degree necessary to
meet the requirements set forth in the
applicable goals and policies of the
Comprehensive Plan; and
d. A conservation easement providing that
Chapter 18.120 3 (11/95)
the elements of the site plan will be carried
out and maintained as approved, in perpetuity,
for the area between the ordinary high water
mark and the dwelling has been conveyed to
the county.
3. For the purposes of this section, a
hardship exists only in one of the following
situations:
a. Adherence to setbacks required by the
zoning ordinance in effect at the time of the
application made under this section would
prevent the dwelling from being sited on the
lot, if the 100 -foot setback were observed;
b. The siting of a legal on-site disposal
system, placed on the lot prior to November 1,
1979 makes it impossible for the dwelling to
meet the 100 -foot setback;
c. Any approved initial on-site sewage
disposal system and replacement system other
than a sand filter system cannot be sited on
the lot in a manner that will allow the
dwelling to meet the 100 -foot setback
requirement;
d. If the only initial on-site sewage disposal
system for which approval can be obtained is
a sand filter system and such a system and its
replacement system cannot be sited on the lot
in a manner that will allow the dwelling to
meet the 100 -foot setback requirement; or
e. Dwellings exist on both adjoining lots
that are closer to the stream or lake than the
proposed dwelling and such existing dwellings
are located within 40 feet of the proposed
dwelling.
If utilization of a sand filter system as a
replacement system will allow such a dwelling
to meet the 100 -foot setback, no exception
shall be granted for reasons of on-site sewage
disposal constraints.
4. Dwellings qualifying for a setback
exception under the criteria set forth above
shall be located as follows:
a. Except as set forth in paragraph (b),
below, the dwelling must be located as far as
possible from the ordinary high water line of
the stream or lake, allowing for the hardship
constraints identified for the property.
i. In instances where use of a sand filter
014S-1311
S-1311
system for a replacement system would allow
the dwelling to be located further from the
stream or lake than if another type of
replacement system were utilized, the dwelling
shall be sited in a manner to allow only
enough room for the approved initial on-site
sewage disposal system and a sand filter
system as a replacement system.
b. Where a dwelling qualifies for a setback
by virtue of [paragraph (c)(1)(v)] subsection
(E) (3) (e), above, the dwelling may be set back
at a distance from the ordinary high water
mark consistent with the adjoining houses, but
in no case shall any part of such dwelling be
located closer to the ordinary high water line
than a line extending between the points of
the adjoining houses that are closest to the
river. (Ord. 95-075 1, 1995; Ord. 93-043 §§
20A and B, 1993; Ord. 91-020 § 1, 1991; Ord.
90-020 § 2, 1990; Ord. 86-032 § 1, 1986; Ord.
84-002 § 1, 1984; Ord. 81-005 § 1, 1981; Ord.
81-003 § 1, 1981)
18.120.040 Building height exceptions.
The following structures or structural parts
are not subject to the building height
limitations of this title: public schools,
chimneys, tanks, church spires, belfries,
domes, monuments, fire and hose towers,
observation towers, transmission towers,
smokestacks, flagpoles, radio and other similar
projections. This exception does not apply to
an Airport Development Zone, Airport
Height Combining Zone or Landscape
Management Combining Zone. (Ord. 93-043
§ 20C, 1993; Ord. 92-036 § 1, 1992)
18.120.050 Fill and removal exceptions.
A. Fill and removal activities involving the
removal of vegetation are permitted outright
if the material to be filled or removed will not
exceed 50 cubic yards in volume and such fill
or removal activities are undertaken for the
purpose of (1) removal of diseased or insect -
infested trees or shrubs or of rotten or
damaged trees that present safety hazards, or
(2) normal maintenance and pruning of trees
and shrubs.
Chapter 18.120 4 (11/95)
B. The following fill and removal activities
may be authorized by the Planning Director or
Hearings Body upon a finding that no adverse
impacts will occur to the water resources of
Deschutes County:
1. Minor fill or removal required for
vegetative enhancement, including excavation
and preparation of the ground for planting
additional vegetation.
2. Fill or removal for maintenance and
repair of existing bridges, dams, irrigation
facilities and similar public and semipublic
facilities, provided such fill or removal does
not alter the existing characteristics of the
stream, river or wetland.
3. Fill or removal for maintenance and
repair of nonconforming structures or boat
docks.
4. Emergency actions taken to mitigate fill
and removal violations when such emergency
actions are intended to have a beneficial
impact on fish and wildlife habitat and are
determined to be the actions with the least
overall impacts on the surrounding area,
considering hydrologic factors; impact on
water quality, on aquatic life and habitat and
wildlife and habitat; the recreational, aesthetic
and economic values of the affected water
resources; and existing streambank
stabilization problems.
5. Fish and wildlife habitat enhancement
projects approved or sponsored by the Oregon
Department of Fish and Wildlife. (Ord. 91-
038 § 1,1991; Ord. 91-020 § 1, 1991; Ord. 86-
056 § 3, 1986)
Chapter 18.120
5
0148-1312
(11/95)
Chapter 18.124
SITE PLAN REVIEW
Sections:
18.124.010
Purpose.
18.124.020
Elements of site plan.
18.124.030
Approval required.
18.124.040
Contents and procedure.
18.124.050
Decision on site plan.
18.124.060
Approval criteria.
18.124.070
Required minimum standards.
18.124.080
Other conditions.
18.124.010 Purpose.
This section provides for administrative
review of the design of certain developments
and improvements in order to promote
functional, safe, innovative and attractive site
development compatible with the natural and
man-made environment. (Ord. 91-020 § 1,
1991)
18.124.020 Elements of site plan.
The elements of a site plan are: The layout
and design of all existing and proposed
improvements, including, but not limited to,
buildings, structures, parking, circulation
areas, outdoor storage areas, bicycle parking,
landscape areas, service and delivery areas,
outdoor recreation areas, retaining walls, signs
and graphics, cut and fill actions, accessways,
pedestrian walkways, buffering and screening
measures and street furniture. (Ord. 93-043 §
22D, 1993; Ord. 93-005 § 6, 1993)
18.124.030 Approval required.
A. No building, grading, parking, land use,
sign or other required permit shall be issued
for a use subject to this section, nor shall such
a use be commenced, enlarged, altered or
changed until a final site plan is approved
according to Deschutes County Code Title 22,
the Uniform Development Procedures
Ordinance.
B. The provisions of this section shall apply
to the following:
Chapter 18.124
0148-1313
1. All conditional use permits where a site
plan is a condition of approval;
2. Multiple -family dwellings with more
than three units;
3. All commercial uses that require
parking facilities;
4. All industrial uses;
5. All other uses that serve the general
public or that otherwise require parking
facilities, including, but not limited to,
landfills, schools, utility facilities, churches,
community buildings, cemeteries,
mausoleums, crematories, airports, parks and
recreation facilities and livestock sales yards;
and
6. As specified for Landscape Management
Combining Zones (LM), Flood Plain Zones
(FP) and Surface Mining Impact Area
Combining Zones (SMIA).
C. The provisions of this section shall not
apply to uses involving the stabling and
training of equine in the EFU zone,
noncommercial stables and horse events not
requiring a conditional use permit.
D. Noncompliance with a final approved
site plan shall be a zoning ordinance violation.
E. As a condition of approval of any action
not included in subsection (B) of this section,
the Planning Director or Hearings Body may
require site plan approval prior to the
issuance of any permits. (Ord. 94-008 § 14,
1994; Ord. 91-038 § 1, 1991; Ord. 91-020 § 1,
1991; Ord. 86-032 § 1, 1986)
18.124.040 Contents and procedure.
A. Any site plan shall be filed on a form
provided by the Planning Department and
shall be accompanied by such drawings,
sketches and descriptions necessary to
describe the proposed development. A plan
shall not be deemed complete unless all
information requested is provided.
B. Prior to filing a site plan, the applicant
shall confer with the Planning Director or his
representative concerning the requirements for
formal application.
C. After the preapplication conference, the
applicant shall submit a site development plan,
(11/95)
an inventory of existing plant materials
including all trees six inches in diameter or
greater and other significant species, a
landscape plan and architectural drawings
including floor plans and elevations.
D. The site plan shall indicate the
following:
1. Access to site from adjacent rights of
way, streets and arterial.
2. Parking and circulation areas.
3. Location, dimensions (height and bulk)
and design of buildings and signs.
4. Orientation of windows and doors.
5. Entrances and exits.
6. Private and shared outdoor recreation
spaces.
7. Pedestrian circulation.
8. Public play areas.
9. Service areas for uses such as mail
delivery, trash disposal, above -ground utilities,
loading and delivery.
10. Areas to be landscaped.
11. Exterior lighting.
12. Special provisions for handicapped
persons.
13. Existing topography of the site at
intervals appropriate to the site, but in no case
having a contour interval greater than 10 feet.
14. Signs.
15. Public improvements.
16. Drainfield locations.
17. Bicycle parking facilities, with location
of racks, signage, lighting, and showing the
design of the shelter for long-term parking
facilities.
18. Any required bicycle commuter
facilities.
19. Other site elements and information
which will assist in the evaluation of site
development.
E. The landscape plan shall indicate:
1. The size, species and approximate
locations of existing natural plant materials
proposed to be retained and new plant
materials proposed to be placed on site.
2. Proposed site contouring.
3. An explanation of how drainage and soil
erosion is to be dealt with during and after
0.48-1314
construction.
F. Residential and agricultural buildings
located within the Landscape Management
Zone shall be required to furnish only the
following information:
1. Locations and dimensions of buildings
and property lines.
2. Location, size and species of existing
vegetation six inches in diameter or greater.
3. Building elevations of the proposed
structure.
4. A drawing of the proposed exterior
appearance and a description of materials to
be used. (Ord. 93-005 § 7, 1993; Ord. 91-020
§ 1, 1991)
18.124.050 Decision on site plan.
A. The Planning Director or Hearings
Body may deny the site plan or approve it
with such modifications and conditions as may
be consistent with the Comprehensive Plan or
the criteria and standards listed in this title.
B. The Planning Director or Hearings
Body as a condition of approval may require
that the applicant file with the county a
performance bond or other security approved
by the governing body to assure full and
faithful performance of any required
improvements. The bond shall be for the
dollar amount plus 10 percent of the
estimated cost of the improvements.
C. Planning Director or Hearings Body
review shall be subject to Deschutes County
Code Title 22, the Uniform Development
Procedures Ordinance. (Ord. 91-020 § 1,
1991; Ord. 86-032 § 1, 1986)
18.124.060 Approval criteria.
Approval of a site plan shall be based on
the following criteria:
A. The proposed development shall relate
harmoniously to the natural environment and
existing development, minimizing visual
impacts and preserving natural features
including views and topographical features.
B. The landscape and existing topography
shall be preserved to the greatest extent
possible, considering development constraints
Chapter 18.124 2 (11/95)
and suitability of the landscape and
topography. Preserved trees and shrubs shall
be protected.
C. The site plan shall be designed to
provide a safe environment, while offering
appropriate opportunities for privacy and
transition from public to private spaces.
D. When appropriate, the site plan shall
provide for the special needs of handicapped
persons, such as ramps for wheelchairs and
Braille signs.
E. The location and number of points of
access to the site, interior circulation patterns,
separations between pedestrians and moving
and parked vehicles, and the arrangement of
parking areas in relation to buildings and
structures shall be harmonious with proposed
and neighboring buildings and structures.
F. Surface drainage systems shall be
designed to prevent adverse impacts on
neighboring properties, streets, or surface and
subsurface water quality.
G. Areas, structures and facilities for
storage, machinery and equipment, services
(mail, refuse, utility wires, and the like),
loading and parking and similar accessory
areas and structures shall be designed, located
and buffered or screened to minimize adverse
impacts on the site and neighboring
properties.
H. All above -ground utility installations
shall be located to minimize adverse visual
impacts on the site and neighboring
properties.
I. Specific criteria are outlined for each
zone and shall be a required part of the site
plan (e.g. lot setbacks, etc.).
J. All exterior lighting shall be shielded so
that direct light does not project off-site.
(Ord. 93-043 H 21, 22 and 22A, 1993; Ord.
91-038 § 1, 1991; Ord. 91-020 § 1, 1991)
18.124.070 Required minimum
standards.
A. Private or shared outdoor recreation
areas in residential developments.
1. Private Areas. Each ground -level living
unit in a residential development subject to
Chapter 18.124
site plan approval shall have an accessible
outdoor private space of not less than 48
square feet in area. The area shall be
enclosed, screened or otherwise designed to
provide privacy for unit residents and their
guests.
2. Shared Areas. Usable outdoor
recreation space shall be provided for the
shared use of residents and their guests in any
apartment residential development, as follows:
a. Units with one or two bedrooms: 200
square feet per unit.
b. Units with three or more bedrooms:
300 square feet per unit.
3. Storage. In residential developments,
convenient areas shall be provided for the
storage of articles such as bicycles, barbecues,
luggage, outdoor furniture, etc. These areas
shall be entirely enclosed.
B. Required Landscaped Areas.
1. The following landscape requirements
are established for multi -family, commercial
and industrial developments, subject to site
plan approval:
a. A minimum of 15 percent of the lot
area shall be landscaped.
b. All areas subject to the final site plan
and not otherwise improved shall be
landscaped.
2. In addition to the requirement of
subsection (B)(1)(a) of this section, the
following landscape requirements shall apply
to parking and loading areas:
a. A parking or loading area shall be
required to be improved with defined
landscaped areas totaling no less than 25
square feet per parking space.
b. In addition to the landscaping required
by subsection (B)(2)(a) of this section, a
parking or loading area shall be separated
from any lot line adjacent to a roadway by a
landscaped strip at least 10 feet in width, and
from any other lot line by a landscaped strip
at least five feet in width.
c. A landscaped strip separating a parking
or loading area from a street shall contain:
i. Trees spaced as appropriate to the
species, not to exceed 35 feet apart on the
3 (11/95)
average.
ii. Low shrubs not to reach a height
greater than three feet zero inches, spaced no
more than eight feet apart on the average.
iii. Vegetative ground cover.
3. Landscaping in a parking or loading
area shall be located in defined landscaped
areas which are uniformly distributed
throughout the parking or loading area.
4. The landscaping in a parking area shall
have a width of not less than five feet.
5. Provision shall be made for watering
planting areas where such care is required.
6. Required landscaping shall be
continuously maintained and kept alive and
attractive.
7. Maximum height of tree species shall be
considered when planting under overhead
utility lines.
C. Nonmotorized Access.
1. Bicycle Parking. The development shall
provide the number and type of bicycle
parking facilities as required in sections
18.116.031 and 18.116.035 of this title. The
location and design of bicycle parking facilities
shall be indicated on the site plan.
2. Pedestrian Access and Circulation:
a. Internal pedestrian circulation shall be
provided in new commercial, office and multi-
family residential developments through the
clustering of buildings, construction of hard -
surface pedestrian walkways, and similar
techniques.
b. Pedestrian walkways shall connect
building entrances to one another and from
building entrances to public streets and
existing or planned transit facilities. On-site
walkways shall connect with walkways,
sidewalks, bikeways, and other pedestrian or
bicycle connections on adjacent properties
planned or used for commercial, multi -family,
public or park use.
c. Walkways shall be at least five feet in
paved unobstructed width. Walkways which
border parking spaces shall be at least seven
feet wide unless concrete bumpers or curbing
and landscaping or other similar
improvements are provided which prevent
parked vehicles from obstructing the walkway.
Walkways shall be as direct as possible.
d. Driveway crossings by walkways shall be
minimized. Where the walkway system crosses
driveways, parking areas and loading areas,
the walkway must be clearly identifiable
through the use of elevation changes, speed
bumps, a different paving material or other
similar method.
e. To comply with the Americans with
Disabilities Act, the primary building entrance
and any walkway that connects a transit stop
to building entrances shall have a maximum
slope of five percent. Walkways up to eight
percent slope are permitted, but are treated as
ramps with special standards for railings and
landings.
3. Commercial Development Standards:
a. New commercial buildings shall be sited
at the front yard setback line for lots with one
frontage, and at both front yard setback lines
for corner lots, except in the PC -1 zone. For
lots with more than two front yards, the
building(s) shall be oriented to the two busiest
streets. The building(s) and any eaves,
overhangs or awnings shall not interfere with
the required clear vision area at corners or
driveways.
b. An increase in the front yard setback
may be allowed where the applicant can
demonstrate that one or more of the following
factors makes it impracticable to site the new
building at the minimum street setback:
i. Existing development on the site;
ii. Lot configuration;
iii. Topography of the lot;
iv. Significant trees or other vegetative
features that could be retained by allowing a
greater setback;
v. Location of driveway access.
Such an increase in the front yard shall be
the minimum necessary to accommodate the
reason for the increase.
c. Off-street motor vehicle parking for new
commercial developments in excess of 10,000
square feet shall be located at the side or
behind the building(s), except in the PC -I
Chapter 18.124 4 (11/95)
zone. (Ord. 93-063 § 3, 1993; Ord. 93-043 §
22B, 1993; Ord. 93-005 § 8, 1993)
18.124.080 Other conditions.
The Planning Director or Hearings Body
may require the following in addition to the
minimum standards of this [ordinance] title as
a condition for site plan approval.
A. An increase in the required yards.
B. Additional off-street parking.
C. Screening of the proposed use by a
fence or landscaping or combination thereof.
D. Limitations on the size, type, location,
orientation and number of lights.
E. Limitations on the number and location
of curb cuts.
F. Dedication of land for the creation or
enlargement of streets where the existing
street system will be impacted by or is
inadequate to handle the additional burden
caused by the proposed use.
G. Improvement, including but not limited
to paving, curbing, installation of traffic signals
and constructing sidewalks or the street system
that serves the proposed use where the
existing street system will be burdened by the
proposed use.
H. Improvement or enlargement of utilities
serving the proposed use where the existing
utilities system will be burdened by the
proposed use. Improvements may include, but
shall not be limited to, extension of utility
facilities to serve the proposed use and
installation of fire hydrants.
I. Landscaping of the site.
J. Any other limitations or conditions that
are considered necessary to achieve the
purposes of this [ordinance] title. (Ord. 95-
075 § 1, 1995; Ord. 93-043 § 22C, 1993)
Chapter 18.124 5 (11/95)
Chapter 18.128
CONDITIONAL USE
Sections:
from a lot in a residential
18.128.010
Operation.
18.128.015
General standards governing
conditional uses.
18.128.020
Conditions.
18.128.030
Performance bond.
18.128.040
Specific use standards.
(A)
Airports, aircraft landing
(N)
fields, aircraft charter,
rental, service maintenance
(0)
facilities not located in the
(P)
A -D zone.
(B)
Automobile wrecking yard or
(Q)
junkyard.
(C)
Cemeteries.
(D)
Church, hospital, nursing
(T)
home, convalescent home,
(U)
retirement home.
(E)
Medical clinic, veterinary
clinic, club, lodge,
(V)
fraternal organization,
(W)
community center, grange
(X)
hall, golf course, horse stable
and horse events requiring
conditional uses, grounds and
buildings for games or sports,
country club, swimming,
(Y)
boating, tennis clubs and
similar activities, government
structures and land uses,
parks, playgrounds.
(F)
Dog pounds and kennels.
(G)
Home occupations.
(H)
Landfill, solid waste disposal
(BB)
site.
(I)
Commercial use or accessory
use not wholly enclosed
within a building, or a retail
18.128.050
establishment, office, service
commercial establishment,
financial institution, or
18.128.060
personal or business service
establishment on a lot
18.128.070
adjoining or across a street
Chapter 18.128
0148+1318
(11/95)
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
cogjunction with the
maintenance or construction
of public roads or highways.
(Z)
Mini -storage facility.
(AA)
Bed and breakfast inn.
(BB)
Campgrounds.
(CC)
Microwave and radio
communication towers in the
SM zone.
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.
(11/95)
18.128.010 Operation.
A. A conditional use listed in this title shall
be permitted, altered or denied in accordance
with the standards and procedures of this title;
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance; and the
Comprehensive Plan.
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. (Ord. 86-032 § 1, 1986)
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 the chapter:
A. The site under consideration shall be
determined to be suitable for the proposed
use based on the following factors:
1. Site, design and operating
characteristics of the use;
2. Adequacy of transportation access to
the site; and
3. 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; Ord. 91-038 § 3, 1991)
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
Body may impose the following conditions
0148-1319
upon a finding that additional restrictions are
warranted.
A. Require a limitation on manner in
which the use is conducted, including
restriction 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 dedication,
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
maintenance.
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.
L. Require that a site plan be prepared in
conformance with chapter 18.124 of this title.
(Ord. 91-038 § 1,1991; Ord. 91-020 § 1,1991;
Ord. 83-037 § 24, 1983)
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 in accordance with the standards
and conditions attached in granting a
conditional use permit. (Ord. 91-020 § 1,
1991)
Chapter 18.128 2 (11/95)
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, 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.
B. Automobile wrecking yard or junlVard:
Before being issued a conditional use permit,
an automobile wrecking yard or junkyard shall
meet the following requirements:
1. The yard shall be enclosed and screened
from public view by a sight -obscuring fence
not less than six feet in height.
2. All automobiles, wrecked or otherwise,
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. 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. If applicable, the proposal shall conform
to state regulations.
C. Cemeteries: 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.
D. Church, hospital, nursing home,
convalescent home, retirement home:
1. Such a use shall be authorized as a
conditional use only upon finding that
014E8- '1320
sufficient 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. The applicant shall address the
following issues in the application:
a. Location of the site relative to the
service area.
b. Probable growth and needs thereof.
c. Site location relative to land uses in the
vicinity.
d. 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. Such uses or related buildings shall be
at least 30 feet from a side or rear lot line.
4. 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.
E. Medical clinic, veterinary clinic, club,
Iodize, fraternal organization, community
center, grange hall, golf course, horse stable
and horse events requiring conditional uses,
rounds and buildings for games or sports,
country club, swimming, bg oating, tennis clubs
and similar activities, government structures
and land uses, parks, playgrounds. 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. Access from principal streets subject to
Deschutes County Public Works Department
standards.
2. Off-street parking subject to section
18.116.030.
3. Building and site design provisions,
including landscaping, that will effectively
screen neighboring uses from noise, glare,
Chapter 18.128 3 (11/95)
odor and other adverse impacts.
F. Dog pounds and kennels. 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 minimize 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.
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. The home occupation is to be secondary
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
occupation 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.
2. 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.
3. The subject property shall have
adequate access and parking for the home
occupation. Traffic created by the business or
customers of the business shall not be of a
volume or frequency that will cause
disturbance or inconvenience to nearby land
uses.
4. All uses conducted on the subject
property shall comply with all requirements of
the Deschutes County Building and Safety
Division and the Environmental Health
Division and any other applicable state or
federal laws.
0148-V,121
5. The home occupation approval shall be
reviewed every 12 months by the planning
division to ensure compliance with the
requirements of this section and the
conditions required for approval of the use.
6. No materials or mechanical equipment
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.
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:
1. The proposed site shall not create a fire
hazard, litter, insect or rodent nuisance, or air
or water pollution in the area.
2. The proposed site shall be located in or
as near as possible to the area being served.
3. The proposed site shall be located at
least one-quarter mile from any existing
dwelling, home or public road (except the
access road).
4. 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 commercial
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 sight -obscuring fence or evergreen
hedge may be required by the Planning
Director 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. 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
Chapter 18.128 4 (11/95)
properties, to protect them from glare, noise,
or other distractions or to protect the
aesthetic character of the neighborhood or
vicinity.
3. In order to avoid unnecessary traffic
congestion and hazards, the Planning Director
or Hearings Body may limit access to the
property.
J. Commercial amusement establishment.
A commercial amusement establishment may
be authorized after consideration of the
following factors:
1. Adequacy of access from principal
streets together with the probable effect of
traffic volumes on adjoining and nearby
streets.
2. Adequacy of off-street parking.
3. Adequacy of building and site design
provisions to maintain a reasonable minimum
of noise and glare from the building and site.
K. Manufactured home park. A
manufactured home park shall be built to
state standards in effect at the time of
construction and the following provisions:
1. Evidence that the park will be eligible
for a certificate of sanitation as required by
state law.
2. The space provided for each
manufactured home shall be provided with
piped potable water and electrical sewerage
connections.
3. The number of spaces for manufactured
homes shall not exceed 12 for each acre of the
total acres in the manufactured home park.
The Planning Director or Hearings Body may
vary this density as follows:
a. If dedicated open space equals 50
percent or more of the total area of the park,
a maximum 10 percent increase in units per
acre may be granted.
b. If in addition to the requirements in
subsection (K)(3)(a) of this section a
maintained playground area with approved
equipment such as goalposts, swings, slides,
etc., is provided, the maximum increase in
units per acre may be increased an additional
five percent.
c. If in addition to the requirements in
Chapter 18.128
0148-102
subsections (K)(3)(a) and (b) of this section,
approved recreation/community building is
provided an additional 10 percent increase of
units/acre may be allowed. (Maximum total
increase possible through application of
subsection (K)(3) of this section = 25
percent.)
4. A manufactured home pad shall occupy
not more than 40 percent 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. 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
manufactured home accessory building or
other building 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
manufactured 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
boundary.
6. 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.
7. 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.
8. 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. The park shall have water supply mains
designed to serve fire hydrants and hydrants
shall be provided within 500 feet of such space
5 (11/95)
or structure. Each hydrant within the park
shall be located on a vehicular way.
10. 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 at least 30 inches in height where
allowed by fence ordinances. Unless
otherwise 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.
11. 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. All manufactured home parks over 10
acres in area shall be located with access on a
street designated as a collector street.
13. All manufactured home parks
containing a total site area of five acres or
more shall provide a secondary access to the
trailer park. Such secondary access shall enter
the public street system at least 150 feet from
the primary access.
14. 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. Roadways within the park shall be
improved with an all-weather dustless surface
and shall be not less than 30 feet in width if
0148-13,12-31
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. All manufactured home parks shall have
a minimum lot size of one acre.
L. Multi -family dwelling complex. A multi-
family dwelling complex shall comply with the
following provisions prior to occupancy:
1. The number of units permitted by the
applicable zone per gross square footage of a
site may be increased as follows:
a. If dedicated open space which is
developed and landscaped equals 50 percent
or more of the total area of the site, a
maximum of 10 percent increase in the
number of units may be granted.
b. If in addition to open space as provided
in (a) above, a maintained playground area
with approved equipment such as goalposts,
swings, slides, etc., is provided, the number of
units permitted may be increased an
additional five percent.
c. If in addition to open space and
playgrounds as provided in (a) and (b) above,
an approved recreational community building
is provided, an additional 10 percent increase
of units may be granted.
d. The maximum total increase in dwelling
units made possible by development of open
space, playgrounds and recreational facilities
shall be 25 percent of the number of units
otherwise allowed.
2. 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 units or more).
3. 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.
Chapter 18.128 6 (11/95)
4. 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 percent of the area
is preserved as open space and is improved
and landscaped for recreational enjoyment.
5. 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. All such complexes shall provide both
an ingress and egress.
7. 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. A sight -obscuring fence or evergreen
hedge may be required by the Planning
Director or Hearings [Officer] Body when
such screening is necessary to preserve the
values of nearby properties, protect the
aesthetic character of the neighborhood or
vicinity and provide security for occupants of
the subject complex.
9. 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. Sewer and water facilities shall be
provided according to Oregon Department of
Environmental Quality standards.
M. Recreational vehicle park. A
recreational vehicle park shall conform to
state standards in effect at the time of
construction and the following conditions:
1. The space provided for each
recreational vehicle shall be not less than 700
square feet exclusive of any space used for
common areas such as roadways, general use
0148-1trJ24
structures, walkways, parking spaces for
vehicles other than recreational vehicles and
landscaped areas.
2. 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.
3. 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.
4. 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
service.
5. A recreational vehicle space shall be
provided with electrical service.
6. 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.
7. No recreational vehicle shall remain in
the park for more than 30 days in any 60 -day
period.
8. 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
recreational vehicle space. Parking spaces
shall be covered with crushed gravel or paved
with asphalt, concrete or similar material.
9. The park shall provide toilets, lavatories
Chapter 18.128 7 (11/95)
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.
10. 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 three miles and
are adequate to meet these standards.
11. Building spaces required by subsections
(M)(9) and (10) 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
temperature of 68 degrees Fahrenheit, shall
have floors of waterproof material, shall have
sanitary ceiling, floor and wall surfaces and
shall be provided with floor drains adequate
to permit easy cleaning.
12. 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.
13. A neat appearance shall be maintained
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.
14. Evidence shall be provided that the park
will be eligible for a certificate of sanitation as
required by state law.
15. Access to the recreational vehicle park
shall be from an arterial or collector street.
N. Radio, television tower, utility station or
substation.
1. In a residential zone, all equipment
storage on the site may be required to be
within an enclosed building.
2. The use may be required to be fenced
and landscaped.
3. 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. Transmission towers, posts, overhead
wires, pumping stations and similar
installations shall be located, designed and
installed to minimize conflicts with scenic
values.
O. Schools.
1. 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. Elementary and secondary schools shall
provide a basic site area consistent with state
standards for the predicted ultimate
enrollment.
3. Secondary schools shall provide a basic
site area of 10 acres plus one additional acre
for each 100 pupils of predicted ultimate
enrollment.
P. Cluster development (sin e-familX
residential uses onivl.
1. Such uses may be authorized as a
conditional use only after consideration of the
following factors:
a. Need for residential uses in the
immediate area of the proposed development.
b. Environmental, social and economic
impacts likely to result from the development,
including impacts on public facilities such as
schools and roads.
c. Effect of the development on the rural
character of the area.
d. Effect of the development on
agricultural, forestry, wildlife or other natural
resource uses in the area.
2. The conditional use shall not be granted
unless the following findings are made:
a. Human activities, including all
development and alterations of the natural
landscape, will be limited to 35 percent of the
Chapter 18.128 8 (11/95)
land and 65 percent shall be kept in open
space uses. The area of development shall be
measured by drawing a continuous line around
the affected area 150 feet on either side of
any lot, building, road or other such facility.
b. 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. 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.
d. In the rural zones, the cluster
development shall be located on the least
productive land.
e. All subdivision requirements contained
in Deschutes County Code Title 17, the
Subdivision/Partition Ordinance, shall be met.
f. The total number of units may exceed
the overall density established by the
minimum lot size of the zone in which the
development is proposed by not more than 33
percent.
g. 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. 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
maintenance of those roads.
i. The rural character of the area shall not
be adversely affected.
j. All service connections shall be the
minimum length necessary and underground
where feasible.
3. All applications shall be accompanied by
a plan with the following information:
a. A plat map meeting all the subdivision
0148-1346
requirements of Deschutes County Code Title
17, the Subdivision/Partition Ordinance.
b. 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.
c. A written agreement establishing an
acceptable homeowners association assuring
the maintenance of common property in the
development.
4. Dimensional Standards:
a. 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.
b. Minimum area for a cluster
development shall be five acres unless
otherwise limited by the zone in which it is
proposed.
5. 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
project as stipulated.
6. 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
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 transportations system.
7. 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
Chapter 18.128 9 (11/95)
foot wide useable surface, shall be as straight
as possible, and shall not be more than 400
feet long.
a. 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 percent over other
available routes.
b. For schools or commercial uses 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 200 feet or by at
least 50 percent over other available routes.
c. For cul-de-sacs or dead end streets
where a street connection is determined by
the Hearings Officer or Planning Director to
be unfeasible or inappropriate.
Q. Planned development.
1. Such uses may be authorized as a
conditional use only after consideration of the
following factors:
a. Proposed land uses and densities.
b. Building types and densities.
c. 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.
d. 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 percent 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.
e. Parks, playgrounds, open spaces.
f. Existing natural features.
g. 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.
h. Effect of the development on the rural
character of the area.
i. Proposed ownership pattern.
j. Operation and maintenance proposal
(i.e., homeowners association, condominium,
etc.).
k. Waste disposal facilities.
1. Water supply system.
m. Lighting.
n. General timetable of development.
2. The conditional use may be granted
upon the following findings:
a. All subdivision restrictions contained in
Deschutes County Code Title 17, the
Subdivision/Partition Ordinance, shall be met.
b. The proposed development conforms to
the Comprehensive Plan.
c. Any exceptions from the standards of
the underlying district are warranted by the
design and amenities incorporated in the
development plan and program.
d. The proposal is in harmony with the
surrounding area or its potential future use.
e. The system of ownership and the means
of developing, preserving and maintaining
open space is adequate.
f. That sufficient financing exists to assure
the proposed development will be substantially
completed within four years of approval.
g. Sixty-five percent of the land is to be
maintained in open space.
h. Adequate provision is made for the
preservation of natural resources such as
bodies of water, natural vegetation and special
terrain features.
3. All applications for planned
developments shall include the materials and
information required for approval of a
subdivision 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.
a. Approval for the conditional use
application and the planned development
application may be given simultaneously.
Chapter 18.128 10 (11/95)
4. Dimensional Standards:
a. Setbacks and height limitations shall be
as determined by the Planning Director or
Hearings Body upon review of the evidence
submitted.
b. Densities shall not exceed that
established by the underlying zone.
c. The minimum lot area, width, frontage
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
area.
d. Minimum size for a planned
development shall be 40 acres.
5. Any commercial use permitted outright
in the RSC zone will be allowed in a planned
development, subject to the following
conditions:
a. Each use shall be wholly enclosed in a
building.
b. The total area of such uses shall not
exceed three percent of the total area of the
planned development.
R. Planned communities.
1. Such uses may be authorized as a
conditional use only after consideration of the
factors listed in subsection (Q)(1) of this
section.
2. The conditional use may be granted
upon the findings specified in subsection
(Q)(2) of this section, except that there must
be an additional finding that the planned
community will actually function as an
independent community.
3. 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
Ordinance, and shall also meet the
requirements of this title for the approval of
conditional uses.
4. Dimensional standards shall be
determined as specified in subsection (Q)(4)
of this section, except that the minimum size
for a planned community shall be 640 acres.
p 6 5-1328
5. 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
completion of the project as stipulated.
S. Dude ranches.
1. Such uses may be authorized as a
conditional use only after consideration of the
factors listed in subsection (Q)(1) of this
section.
2. The conditional use may be granted
upon the findings specified in subsection
(R)(2) of this section.
3. 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. Dimensional standards are the same as
those in subsection (Q)(4) 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. 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
completion of the project as stipulated.
T. Shopping complex.
1. Such uses may be authorized as a
conditional use only after a determination is
made by the Planning Director or Hearings
Body.
a. 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
Chapter 18.128 11 (11/95)
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. That the entire complex shall be
completed within two years 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 an
extension shall be sought subject to the terms
of Deschutes County Code Title 22, the
Uniform Development Procedures Ordinance.
c. That there is adequate area for the
buildings, landscaping, parking, septic systems
and access to serve the proposed development.
d. That the use is consistent with the
character of the area and is not detrimental to
the land use pattern of the area.
e. 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.
L The proposed shopping complex is
appropriate for serving the needs of rural
residents in the area.
g. The proposed shopping complex will not
attract residents outside the rural area to be
serviced.
U. High-temperature geothermal wells and
small-scale geothermal energy facilities.
1. Applicants shall provide the following
information:
a. 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
completion 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
narrative shall also include as an exhibit a
statement describing the applicability of all
local, state or federal inventories of Statewide
Planning Goal 5 resources in the project
vicinity.
ORO'- L3Z_
b. Maps. As may be required by the
Planning Director or Hearings Body, maps
shall be submitted on readily reproducible
transparencies as follows:
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;
major drainage patterns of the project's
operational area; and significant
environmental 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 50 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
geologically 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.
c. 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:
L How the emergency will or might affect
Chapter 18.128 12 (11/95)
the applicant's operations; or endanger
personnel, public health, safety or the
environment.
ii. Measures proposed to prevent, control,
mitigate or minimize the possible negative
effects of emergency incidents.
iii. Procedures for training and instructing
personnel as to proper procedures for
preventing, controlling or minimizing the
impacts of emergency incidents.
iv. Where and how stand-by emergency
control equipment and services are to be
obtained in the event of an emergency
incident.
v. Notification list with order of
notification, 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. For drilling applications, a narrative and
diagrammatic description of the following:
i. 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
protection of the public health and
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
.014's�
restoration procedures to be used after
completion of drilling.
ix. When approved by the Planning
Director or Hearings Body, applications for
prospect wells, as defined by Oregon Revised
Statutes 522.005(15), may satisfy the
information requirements of paragraphs
(U)(1)(a) through (U)(1)(d), above by
submission of a copy of the applicant's
prospect well permit application to the
Oregon Department of Geology & Mineral
Industries.
e. For energy facility applications, a
narrative and diagrammatic description of the
following:
i. 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
environment, 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
significant environmental impacts.
x. A description of the intended
abandonment and site restoration procedures
to be used if and when the facility is
Chapter 18.128 13 (11/95)
permanently taken out of operation.
2. The siting, drilling, operation and
abandonment of wells and energy facilities
shall comply with the following standards:
a. Excluded Areas. No activity shall be
permitted in inventoried natural resource
areas, as defined by Oregon Statewide
Planning 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.
b. 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
nonreflective and of colors which blend with
and reduce contrast with surrounding
landscape colors.
c. Fish and Wildlife Protection. Activities
shall be designed, conducted and monitored,
so as to assure protection of surrounding 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.
d. 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
construction 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 construction or operations.
e. Access Roads. Activities shall be
designed and constructed to utilize existing
roads as much as practical.
f. Signs. All well and facility sites shall
have a sign of not less than three, nor more
than six, square feet in surface area
prominently erected, which displays the site's
name or identification number; the operator's
0148-1331
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. 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
registered civil engineer.
ii. Upon commencement of site work,
topsoil shall be removed and stockpiled for
later respreading over disturbed areas prior to
revegetation in accordance with subsection
(U)(3) 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 percent relative density (ASTM D-1557)
to minimize erosion. If significant erosion
occurs, the applicant shall take prompt
remedial action.
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). 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
Chapter 18.128 14 (11/95)
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
unnatural 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
minimum of 90 percent 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
environmentally harmful chemicals and
precipitates and backfilled immediately.
h. Pipelines. All pipelines shall be
designed and constructed in accordance with
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. 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.
j. Fire Protection. Activities shall be
designed and conducted to provide fire
protection measures acceptable to the county,
any adjacent land management agency and
any fire district in which the project is located.
k. Waste Disposal. All wastes generated
by a project, including but not limited to
0148-1332
refuse, drilling fluids, drill cuttings, sand,
precipitates and other solids shall be disposed
of in a manner and at a location in
conformance with Oregon Department of
Environmental Quality standards.
1. Public Safety. Activities shall be
designed and conducted to prevent access by
unauthorized persons to unattended
equipment and operational areas.
m. 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 Oregon
Revised Statutes 522.005(15), the county may
require establishment of a meteorological
station and meteorological monitoring at the
site.
n. 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.
o. 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 Oregon Revised Statutes 522.005(15), the
county may also require establishment of a
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 nontoxic
fluids or suspension of production.
p. 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
Chapter 18.128 15 (11/95)
removed from well pads within 60 days of the
completion of a well.
q. Well Drilling Completion Notice.
Applicants shall notify the county in writing of
completed well drilling and testing within
seven days of said completion. Applicants
shall notify the county in writing of suspended
drilling within seven days of said suspension,
when such suspension is expected to last
longer than 180 days.
r. 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
surrounding the wellhead pads of standby
wells and producing wells shall be subject to
the revegetation requirements of subsection
(U)(3).
s. 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.
t. Site Abandonment and Restoration.
When a well or facility is permanently
abandoned, the applicant shall remove all
equipment, 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) of 18.128.040, below.
3. Revegetation. Following the
completion of well drilling, or the permanent
abandonment of a well or facility, the
applicant shall revegetate the area of
operations as follows:
a. Previously stockpiled topsoil and
chipped vegetation shall be respread over
disturbed areas prior to reseeding.
b. Disturbed areas shall be reseeded with
native plants and grasses in the first fall
following completion of drilling or site
0118-1333
abandonment. Temporary fencing of reseeded
areas may be required to facilitate
revegetation. The revegetation shall be
evaluated by the county during the first spring
following initial reseeding, and if determined
to have resulted in less than a 75 percent
survival rate, additional revegetation shall be
required in the immediately succeeding fall
season.
V. Hydroelectric facilities.
1. 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:
a. The facility is located at and physically
connected to an existing man-made diversion
or impoundment.
b. 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. 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.
d. The facility will maintain or enhance the
existing recreational opportunities on or
adjacent to the affected stretch of the river.
e. 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.
f. 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:
Chapter 18.128 16 (11/95)
i. Deposit or create a zone for the deposit
of sediments in the river at or adjacent 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
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.
g. 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. The facility and its operation will
maintain existing public access to the affected
stretch of the river.
i. The facility will not be located at or
immediately adjacent to any identified
archaeological 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.
j. 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. The facility and its operation will
comply with all applicable noise, water quality
and pollution regulations of the Oregon
Department of Environmental Quality.
1. The facility and its operation will
comply with all applicable state and local fill -
and -removal statutes and regulations.
2. The applicant for a conditional use
permit for a hydroelectric facility, in addition
to all other requirements, shall submit the
following for approval:
a. Detailed construction plans and profiles
0143-1334
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.
b. Detailed plans for meeting the criteria
set forth in subsection (a) above.
c. 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. 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. Detailed plans for a water conservation
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:
L 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 50 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. A declaration that the applicant will
enter into an agreement with the county to
fulfill all of the requirements in paragraphs (a)
through (e) of this subsection before
Chapter 18.128 17 (11/95)
beginning construction.
W. Fill and removal.
1. An application shall be filed containing
a plan with the following information:
a. A detailed explanation of the planned
fill or removal including the amount of
material to be filled or removed.
b. An explanation of why the fill or
removal is necessary.
c. A site plan, drawn to scale and
accompanied by such drawings, sketches and
descriptions as are necessary to describe and
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
transmission and distribution lines, and related
facilities controlled by public utilities or
cooperative associations, shall not be granted
conditional use permits to fill or remove
unless the following findings are made:
a. That all necessary state and federal
permits will be obtained as a condition of
approval of the conditional use.
b. That the public facility and service uses
and related facilities cannot, as a practical
matter, be located outside of the wetland or
bed and banks of the stream or river.
c. 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. That erosion will be adequately
controlled during and after construction.
e. That the impacts on fish and wildlife
habitat from the fill or removal will be
minimized to the greatest extent practical.
The Oregon Department of Fish and Wildlife
0148-1335
will be requested to review and comment on
the application.
f. That only the minimum removal of
vegetation or material and dredging or
excavation necessary for construction and
maintenance will be done.
3. Fill or removal required for public park
and recreation areas, natural and outdoor
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. That all necessary state and federal
permits will be obtained as a condition of
approval of the conditional use permit.
b. That only the minimum removal of
vegetation or material and dredging or
excavation necessary for construction and
maintenance will be done.
c. That the specific location of the site will
require the minimum amount of disturbance
to the natural environment, considering
alternative locations in the area and methods
of construction.
d. That such construction and maintenance
is designed to minimize the adverse impact on
the site.
e. That erosion will be adequately
controlled during and after construction.
E That the impacts on fish and wildlife
habitat by the fill or removal will be
minimized to the greatest extent practical.
The Oregon Department of Fish and Wildlife
will be requested to review and comment on
the application.
g. 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
construction.
4. Except for uses identified in paragraphs
(2) and (3), above, an application for a
conditional use permit for activity involving fill
Chapter 18.128 18 (11/95)
or removal of material or vegetation within
the bed and banks of a stream, river or
wetland:
a. Shall be granted only after consideration
of the following factors:
L 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 characteristics
of the water body such as direction and
velocity of flow, elevation of water surface,
sediment transportation capacity, stabilization
of the bank and flood hazards.
v. The character of the area, considering
existing streambank stabilization problems and
fill or removal projects which have previously
occurred.
b. Shall not be granted unless all of the
following conditions are met:
L 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)
above.
iii. That there will be no significant impacts
on the surrounding area, considering the
factors established in subsection (4)(a) above.
iv. That erosion will be adequately
controlled during and after the project.
v. 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
erosion.
vi. That the proposed fill or removal
activity will be consistent with all relevant
goals and policies of the Deschutes County
0148-1330
Comprehensive Plan.
vii. That a conservation easement, as
defined in section 18.04.280, "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.
X. Surface mining of resources exclusively
for on-site personal, farm or forest use or
maintenance of irrigation canals. These uses
are subject to the following standards:
1. An application shall be filed containing
the following information:
a. A detailed explanation of the project
and why the surface mining activity is
necessary.
b. A site plan drawn to scale and
accompanied by any drawings, sketches and
descriptions necessary to describe and
illustrate the proposed surface mining.
2. A conditional use permit shall not be
issued unless the applicant demonstrates at
the time of site plan review that the following
conditions are or can be met:
a. The surface mining is necessary to
conduct or maintain a use allowed in the zone
in which the property is located.
b. Erosion will be controlled during and
after the surface mining.
c. The surface mining activity can meet all
applicable DEQ noise control standards and
ambient air quality and emission standards.
d. Sufficient water is available to support
approved methods of dust control and
vegetation enhancement.
e. The surface mining does not adversely
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. If the surface mining actively involves
the maintenance or creation of man-made
lakes, water impoundments or ponds, the
Chapter 18.128 19 (11/95)
applicant shall also demonstrate, at the time
of site plan review, that the following
conditions are or can be met:
a. There is adequate water legally available
to the site to maintain the water
impoundment and to prevent stagnation.
b. The soil characteristics or proposed
lining of the impoundment are adequate to
contain the proposed water and will not result
in the waste of water.
c. Where the impoundment bank slope is
steeper than three feet horizontal to one foot
vertical, or where the depth is six feet or
deeper, the perimeter of the impoundment is
adequately protected by methods such as
fences or access barriers and controls.
d. The surface mining does not adversely
affect any drainages, all surface water drainage
is contained on site, and existing watercourses
or drainages are maintained so as not to
adversely affect any surrounding properties.
Y. Storage, crushing and processing of
minerals in conjunction with the maintenance
or construction of public roads or highways.
A conditional use permit for these uses shall
be subject to the following standards:
1. An application shall be filed containing
the following information:
a. A detailed explanation of the project,
including the duration and operation
characteristics of the site.
b. A site plan drawn to scale and
accompanied by such drawings, sketches and
descriptions as are necessary to describe and
illustrate the proposed project.
2. A conditional use permit for storage,
crushing and processing of minerals to be used
in conjunction with maintenance and
construction of public roads and highways
shall be subject to all applicable general
operation standards established by section
18.52.110, except section 18.52.110, paragraphs
(J), (K) and (L).
Z. Mini -storage facility.
1. Each individual space for rent or sale
shall be less than 500 square feet.
2. Mini -storage shall be limited to dead
storage. Outside storage shall be limited to
boats, recreational vehicles and similar
vehicles 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. Yards shall be permanently landscaped.
4. Yard dimensions adjacent to residential
zones shall be the same as required yards
within the residential zone.
5. One parking space for each 25 storage
spaces shall be located at the project office for
use by customers.
6. All structures shall be fenced and
visually screened.
7. Traffic lanes shall be 12 feet wide with
an additional 10 -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. A residence for a caretaker or 24-hour
on-site manager is permitted.
9. There shall be only one access from
each adjacent street.
10. Outside lighting, including shading to
prevent glare on adjacent properties, may be
required for safety and security purposes.
AA. Bed and breakfast inn.
1. Bed and breakfast inns shall be
restricted to owner -occupied single-family
residences.
2. Bed and breakfast inns located in farm
or forest zones shall utilize existing dwellings
or dwellings conforming to the requirements
of those zones relating to single-family
dwellings.
3. No more than three sleeping rooms
shall be available for the accommodation of
inn visitors.
4. No more than eight guests shall be
accommodated at any one time.
5. Occupancies shall be limited to not
more than 30 consecutive days.
6. Breakfast shall be the only meal
provided to inn guests.
7. The exterior of the building shall
maintain a residential appearance.
8. The bed and breakfast inn shall be
Chapter 18.128 20 (11/95)
operated in a way that will prevent
unreasonable disturbance to area residents.
9. One off-street parking space shall be
provided for each guest room in addition to
parking required for the residence.
10. Approval shall be conditional upon
compliance with all applicable state building
code requirements and state sanitation
requirements.
BB. Campgrounds. unds. A conditional use
permit for a campground may be issued only
when the following criteria are met:
1. 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
commercial uses such as miniature golf
courses, go-cart tracks or rental of equipment
or animals.
2. Street access shall be provided as
follows:
a. The campground shall obtain direct
access from a street or road designated as an
arterial or collector by the Deschutes County
Comprehensive Plan.
b. Access to the campground shall be
adequate to handle the anticipated traffic
generated by the use.
c. 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
where necessary for public safety.
3. Water supply and sewage disposal shall
be provided as follows:
a. 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. Plans for water supply and sewage
disposal improvements must be approved by
the State Health Division and the Department
1114 lc c78
of Environmental Quality.
c. Evidence shall be provided to
demonstrate that the campground will be
eligible for a certificate of sanitation as
required by the Oregon Department of
Environmental Quality.
4. A campground shall conform to state
standards specified in Oregon Revised
Statutes 918.650 and the following:
a. Sixty-five percent of a parcel developed
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. The space provided for each campsite
shall be not less than 1600 square feet
exclusive 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.
c. 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
Oregon Revised Statutes 918.650. Water and
electric lines shall be placed underground.
d. Campgrounds shall not provide campsite
hookups for sewage disposal or electricity. A
centralized sewage dump station that meets
state standards may be provided.
e. Roadways permitting one-way traffic
shall be not less than 10 feet wide and those
permitting two-way traffic shall not be less
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. Except for the access roadway serving
the campground, no vehicular or pedestrian
access shall be allowed out of the
campground. Fences shall be provided which
prevent trespass to property not under the
control of the campground owner.
g. Each campsite shall be provided with at
Chapter 18.128 21 (11/95)
least one parking space which shall be paved
or covered with crushed gravel and designed
to promote drainage of surface runoff.
h. Campgrounds shall be surrounded by
buffer strips of existing vegetation or
landscaping.
i. To promote privacy and preserve the
integrity of the natural setting, campgrounds
shall retain existing vegetation to the fullest
extent practical.
j. Yards and Setbacks.
i. Campsites or parking spaces shall not be
located within the yard and setback areas
required by the county for permanent
buildings in the zone in which the campground
is located.
ii. No developed portion of the
campground 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
campground 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
neighboring properties or the protected
landscape area.
k. Tent campers and recreational vehicles
shall not remain in the campground for more
than 30 days in any 60 -day period.
1. The campground shall be licensed as a
tourist facility by the State Department of
Health as specified in Oregon Revised
Statutes chapter 446, unless operated by a
public entity, timber company or private
utility.
m. One dwelling may be allowed for a
resident caretaker or proprietor.
CC. Microwave and radio communication
towers in the SM zone.
A conditional use permit for siting of a
microwave or radio communication tower and
accessory equipment structures in the SM
Zone shall be subject to these criteria:
0148-1339
1. Towers shall be limited to monopole
towers of under 150 feet and lighted only as
prescribed by aviation safety regulations.
2. Towers and accessory equipment
structures shall be located only on portions of
an SM -Zoned site that do not overlay
economically viable mineral or aggregate
deposits and that minimize conflicts with
mining operations at the site.
3. Such facilities proposed in an SM Zone
where the underlying or surrounding
comprehensive plan designation is for forest
use must demonstrate compliance with the
criteria set forth in section 18.36.040 of [the
County Code] this title.
4. No new parcels or lots shall be created
for siting of the proposed tower.
5. Such facilities must not conflict with any
site plan which has been previously approved
by the county. (95-075 § 1, 1995; Ord. 95-046
§ 3, 1995; Ord. 94-053, § 6, 1994; Ord. 94-008
§ 15, 1994; Ord. 93-043 §§ 23A -J, 1993; Ord.
93-005 §§ 9, 10 and 11, 1993; Ord. 92-025 §§
6 and 7, 1992; Ord. 92-004 § 12, 1992; Ord.
91-038 §§ 1 and 3, 1991; Ord. 91-020 § 1,
1991; Ord. 91-005 §§ 46 and 47, 1991; Ord.
90-014 §§ 39 and 40, 1990; Ord. 89-008 § 1,
1989; Ord. 87-032 § 1, 1987; Ord. 86-056 §§ 3
and 4, 1986; Ord. 86-018 § 1, 1986; Ord. 85-
002 § 9, 1985; Ord. 84-023 § 4, 1984; Ord. 84-
015 § 3, 1984; Ord. 80-206 § 4, 1980)
18.128.050 Procedure for taking action
on conditional use
application.
The procedure for taking action on a
conditional 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)
Chapter 18.128 22 (11/95)
18.128.060 Time limit on a permit for
a conditional use.
Duration of permits issued under this
chapter shall be as set forth in chapter 22.36
of the Deschutes County Code. (Ord. 95-018
§ 4, 1995; 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
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
Director 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 developed
in vacant areas in the applicable zoning
districts provided that such developments
comply with (A), above, and the following:
1. That such development has a minimum
site size of 10 acres, except within the Planned
Community (PC) Zone.
2. That such development is appropriately
buffered by the use of yards, landscaping, etc.,
from adjoining properties as determined
during site plan review considering the need
for privacy and the effects of noise.
0,148-1340
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.
D. No structure shall be utilized as a time-
share unit unless all the units in the structure
or particular phase of the development are
used as time-share units for this purpose.
(Ord. 91-020 § 1, 1991; 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; Ord.
91-020 § 1, 1991; Ord. 89-004 § 3, 1989)
Chapter 18.128 23 (11/95)
Chapter 18.132
VARIANCES
Sections:
18.132.010 Variance application.
18.132.020 Authority of Hearings Body.
18.132.025 Minor variances.
18.132.030 Hearings Body action on
variance.
18.132.040 Variance procedure.
18.132.010 Variance application.
The Planning Director or Hearings Body
may authorize area or use variance from the
requirements of this title. Application for a
variance shall be made by petition stating fully
the grounds of the application and the facts
relied upon by the petitioner. (Ord. 91-020 §
1, 1991)
18.132.020 Authority of Hearings Body.
A variance may be granted unqualifiedly or
may be granted subject to prescribed
conditions, provided that the Planning
Director or Hearings Body shall make all of
the following findings:
A. Area variance.
1. That the literal application of the
ordinance would create practical difficulties
resulting in greater private expense than
public benefit.
2. That the condition creating the difficulty
is not general throughout the surrounding
area but is unique to the applicant's site.
3. That the condition was not created by
the applicant. A self-created difficulty will be
found if the applicant knew or should have
known of the restriction at the time the site
was purchased.
4. That the variance conforms to the
Comprehensive Plan and the intent of the
ordinance being varied.
B. Use variance.
1. That the literal application of the
ordinance would result in unnecessary
hardship to the applicant. An unnecessary
Chapter 18.132
hardship will be found when the site cannot
be put to any beneficial use under the terms
of the applicable ordinance.
2. Each of the findings listed in subsections
(A)(1), (2) and (4) of this section.
(Ord. 93-043 § 24, 1993; Ord. 91-020 § 1,
1991)
18.132.025 Minor variances.
A variance seeking to depart from on-site
requirements of this title, such as setbacks and
area requirements, by no greater than 10
percent of the required distance or area may
be granted by the Planning Director or
Hearings Body in conformance with this
section.
A. In the case of a setback or size variance,
the applicant shall show that the approval will
result in:
1. More efficient use of the site;
2. Preservation of natural features where
appropriate;
3. Adequate provision of light and privacy
to adjoining properties; and
4. Preservation of topographic, vegetative
and drainage features which would be
adversely affected by application of the
standards otherwise required by this title.
B. A lot line adjustment varying no more
than 10 percent from standard dimensions as
specified in this title may be approved without
a variance for lots that are already
nonconforming. (Ord. 91-038 § 3, 1991)
18.132.030 Hearings Body action
on variance.
In granting or denying a variance, the
Planning Director or Hearings Body shall
make a written record of his findings and the
facts in connection therewith, and shall
describe the variance granted and the
conditions designated. The planning
department shall keep the findings on file, and
a copy of the variance granted and the
condition thereof shall be recorded with the
County Clerk. (Ord. 91-020 § 1, 1991)
(11/95)
10148-1342
18.132.040 Variance procedure.
The variance application shall be processed
according to the terms of Deschutes County
Code Title 22, the Uniform Development
Procedures Ordinance. (Ord. 91-020 § 1,
1991)
Chapter 18.132 2 (11/95)
Chapter 18.136
V1_k11_ CII N4,
Sections:
18.136.010 Amendments.
18.136.020 Rezoning standards.
18.136.030 Resolution of intent to rezone.
18.136.040 Record of amendments.
18.136.010 Amendments.
This title may be amended as set forth in
this chapter. The procedures for text or
legislative map changes shall be as set forth in
chapter 22.12 of this code. A request by a
property owner for a quasi-judicial map
amendment shall be accomplished by filing an
application on forms provided by the Planning
Department and shall be subject to applicable
procedures of Title 22 of this code. (Ord. 95-
050 § 2, 1995; Ord. 91-020 § 1, 1991)
(Procedure for Zoning Amendments repealed
by Ord. 95-050 § 3, 1995; Ord. 91-020 § 1,
1991)
18.136.020 Rezoning standards.
The applicant for a quasi-judicial rezoning
must establish that the public interest is best
served by rezoning the property. Factors to
be demonstrated by the applicant are:
A. That the change conforms with the
Comprehensive Plan, and the change is
consistent with the plan's introductory
statement and goals.
B. That the change in classification for the
subject property is consistent with the purpose
and intent of the proposed zone classification.
C. That changing the zoning will presently
serve the public health, safety and welfare
considering the following factors:
1. The availability and efficiency of
providing necessary public services and
facilities.
2. The impacts on surrounding land use
will be consistent with the specific goals and
policies contained within the Comprehensive
Chapter 18.136
0148-1.343
Plan.
D. That there has been a change in
circumstances since the property was last
zoned, or a mistake was made in the zoning of
the property in question. (Ord. 95-050 § 4,
1995; Ord. 91-020 § 1, 1991; Ord. 86-032 § 1,
1986; Ord. 83-065 § 1, 1983)
18.136.030 Resolution of intent to rezone.
A. If from the facts presented and findings
and the report and recommendations of the
Hearings Officer, as required by this section,
the County Commission determines that the
public health, safety, welfare and convenience
will be best served by a proposed change of
zone, the County Commission may indicate its
general approval in principal of the proposed
rezoning by the adoption of a "resolution of
intent to rezone." This resolution shall
include any conditions, stipulations or
limitations which the County Commission may
feel necessary to require in the public interest
as a prerequisite to final action, including
those provisions that the County Commission
may feel necessary to prevent speculative
holding of property after rezoning. Such a
resolution shall not be used to justify "spot
zoning" or to create unauthorized zoning
categories by excluding uses otherwise
permitted in the proposed zoning.
B. The fulfillment of all conditions,
stipulations and limitations contained in the
resolution on the part of the applicant shall
make such a resolution a binding commitment
on the Board of County Commissioners.
Upon completion of compliance action by the
applicant, the board shall, by ordinance, effect
such rezoning. The failure of the applicant to
substantially meet any or all conditions,
stipulations or limitations contained in a
resolution of intent, including any time limit
placed in the resolution, shall render the
resolution null and void automatically and
without notice, unless an extension is granted
by the board.
C. Content of Site Plan. Where a site plan
is required pursuant to chapter 19.92, it shall
include location of existing and proposed
(11/95)
t 148-1344
buildings, structures, accesses, off-street
parking and loading spaces and landscaping;
existing and proposed topography; mechanical
roof facilities, if subject property is so oriented
as to become part of the view from adjacent
properties; architectural perspective, layout
and all elevations drawn without
exaggerations, except where noted, including
locations, area and design of signs and all
landscaping. (Ord. 95-050 § 5, 1995)
18.136.040 Record of amendments.
All amendments to the text or map of this
title shall be filed with the County Clerk.
(Ord. 91-020 § 1, 1991)
Chapter 18.136 2 (11/95)
Chapter 18.140
ADMINISTRATIVE PROVISIONS
Sections:
18.140.010 Administration.
18.140.020 Decisions.
18.140.030 Appeals.
18.140.040 Forms of petitions, applications
and appeals.
18.140.050 Public hearings.
18.140.060 County environmental health
approval.
18.140.070 Filing fees.
18.140.080 Revocation.
18.140.090 (Repealed by Ord. 91-038 § 4,
1991)
18.140.010 Administration.
The Planning Director or Hearings Body
shall have the power and the duty to
administer the provisions of this title. The
board may appoint designees to issue zoning
permits and to otherwise assist the Planning
Director or Hearings Body in the processing
of applications. (Ord. 91-020 § 1, 1991)
18.140.020 Decisions.
Approval or denial of an application for a
use permitted by this title shall be based upon
and accompanied by a statement that explains
the criteria and standards relevant to the
decision, states the facts relied upon in
rendering the decision and explains the
justification for the decision based on the
criteria, standards and facts set forth. (Ord.
95-075 § 1, 1995; Ord. 91-020 § 1, 1991)
18.140.030 Appeals.
Appeals shall be as prescribed in Deschutes
County Code Title 22, the Uniform
Development Procedures Ordinance. (Ord.
86-032 § 1, 1986)
18.140.040 Forms of petitions,
applications and appeals.
Petitions, applications and appeals provided
Chapter 18.140
0148-1345
for in this title shall be made on forms
provided by the county. Applications shall be
accompanied by plans and specifications,
drawn to scale, showing the actual shape and
dimensions of the lot to be built upon, the
size and locations on the lot of all existing and
proposed structures, the intended use of each
structure, the number of individuals, if any, to
be accommodated thereon, the relationship of
the property to the surrounding area and such
other information as needed to determine
conformance with this title. (Ord. 91-020 § 1,
1991)
18.140.050 Public hearings.
Public hearings shall be as prescribed in
Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance. (Ord.
86-032 § 1, 1986)
18.140.060 County environmental
health approval.
No zoning permit shall be issued for any use
or structure which will have an individual
sanitary subsurface disposal system until
written approval is obtained by the applicant
for said system from the County
Environmental Health Division. (Ord. 91-020
§ 1, 1991)
18.140.070 Filing fees.
An application required by this title shall be
accompanied by a filing fee in the amount set
by order of the Board of County
Commissioners. (Ord. 91-020 § 1, 1991)
18.140.080 Revocation.
A. The Hearings Body may revoke or
modify any permit granted under the
provisions of this title on one or more of the
following grounds:
1. A permit may be revoked on the basis
of fraud, concealment, misrepresentation or
inaccurate information supplied on the
application or offered by the applicant or his
representative at a public hearing.
2. A permit may be revoked on the basis
that the use for which such permit was
(11/95)
granted has ceased to exist or has been
suspended for one year or more.
3. A permit may be revoked or modified
on the basis that the use for which the permit
was granted was so exercised as to be
detrimental to the public health, safety or
welfare, or in such a manner as to constitute
a nuisance.
4. A permit may be revoked or modified
on the basis that the conditions or terms of
such permit have been substantially violated.
5. Any permit granted pursuant to this title
shall become null and void if not exercised
within the time period specified in such permit
or, if no time period is specified in the permit,
within two years from the date of approval of
said permit.
B. Procedures for revocations shall be as
set forth in Title 22 of this code. (Ord. 95-050
§ 6, 1995; Ord. 95-018 § 5, 1995; Ord. 91-038
§ 4, 1991; Ord. 91-020 § 1, 1991; Ord. 86-032
§ 1, 1986; Ord. 84-023 § 5, 1984)
(18.140.090 Lot Size Requirement deleted by
Ord. 91-038 § 4, 1991)
Chapter 18.140 2 (11/95)
Chapter 18.144
GENERAL PROVISIONS
Sections:
18.144.010 Interpretation.
18.144.020 Severability.
18.144.030 Remedies.
18.144.040 Violation declared a nuisance.
18.144.050 Infraction.
18.144.060 Repeal.
18.144.070 Repeal of ordinances as
affecting existing liabilities.
18.144.080 Corrections.
18.144.090 Enactment, emergency declared.
18.144.010 Interpretation.
Where the conditions imposed by a
provision of this title are less restrictive than
comparable conditions imposed by any other
provisions which are more restrictive, the
more restrictive shall govern. (Ord. 91-020 § 1,
1991)
18.144.020 Severability.
The provisions of this title are severable. If
any section, sentence, clause or phrase of this
title is adjudged by a court of competent
jurisdiction to be invalid, the decision shall not
affect the validity of the remaining portions of
the ordinance. (Ord. 91-020 § 1, 1991)
18.144.030 Remedies.
In case a building or other structure is, or is
proposed to be, located, constructed,
maintained, repaired, altered or used, or any
land is or is proposed to be used in violation
of this title, the Board of County
Commissioners or a person whose interest in
real property in the county is or may be
affected by the violation may, in addition to
other remedies provided by law, institute
injunction, mandamus abatement, or other
appropriate proceedings to prevent,
temporarily or permanently enjoin, abate, or
remove the unlawful location, construction,
maintenance, repair, alteration or use. When
Ue q Y. X11
I'Lls 134
a temporary restraining order is granted in a
suit instituted by a person who is not exempt
from furnishing bonds or undertakings under
state law, the person shall furnish an
undertaking as provided in Oregon Revised
Statutes 32.010 to 32.060. (Ord. 91-020 § 1,
1991)
18.144.040 Violation declared
a nuisance.
The location, erection, construction,
maintenance, repair, alteration or use of a
building or structure or the subdivision,
partitioning or other use of land in violation
of this title or of any permit, land use
approval or status determination issued or
made under this title is declared a nuisance.
(Ord. 93-043 § 25, 1993)
18.144.050 Infraction.
The location, erection, construction,
maintenance, repair, alteration or use of a
building or structure or the subdivision,
partitioning or other use of land in violation
of any provision of this title or any permit,
land use approval or status determination
issued or made under this title is a Class A
infraction. (Ord. 93-043 § 26, 1993; Ord. 83-
026 § 1, 1983)
18.144.060 Repeal.
Deschutes County Zoning Ordinance PL -15
and all amendments thereto are hereby
repealed. (Ord. 91-020 § 1, 1991)
18.144.070 Repeal of ordinances as
affecting existing
liabilities.
The repeal of any ordinance by this title
shall not release or extinguish any penalty,
forfeiture or liability incurred under such
ordinance, unless a provision of this title 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 penalty, forfeiture or liability. (Ord. 91-
020 § 1, 1991)
Chapter 18.144 1 (11/95)
JJL
18.144.080 Corrections.
This title may be corrected by order of the
Board of County Commissioners to cure
editorial and clerical errors. (Ord. 91-020 § 1,
1991)
18.144.090 Enactment, emergency
declared.
An emergency is hereby declared and this
title shall be and is hereby declared to be in
full force and effect on and after the date of
its enactment by the Board of County
Commissioners. (Ord. 91-020 § 1, 1991)
Chapter 18.144 2 (11/95)
