1997-16992-Ordinance No. 97-029 Recorded 5/19/199797-16992 REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHL'V(PY7 02REGON
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An Ordinance Amending Chapter 18.04 and
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Sections 18.32.030 and 18.128.040 of Title 18
of the Deschutes County Code, As Amended,
and Declaring an Emergency.
ORDINANCE NO. 97-029
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Chapter 18.04 of Title 18 is amended to add a new definition of "guest
lodge", as set forth in Exhibit A attached hereto and incorporated herein, with new language set out
underlined.
Section 2. Amendment. Section 18.32.030 of Title 18 is amended to add a new use of "guest
lodge", as set forth in Exhibit B attached hereto and incorporated herein, with new language set out
underlined.
Section 3. Amendment. Section 18.128.040, "Conditional Uses - Special Use Standards", of
Title 18 is amended to add a new subsection EE as set forth in Exhibit C attached hereto and incorporated
herein.
Section 4. 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 5. 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 6. 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,
KEYPUNCI -ED
PAGE 1 - ORDINANCE NO. 97-029 UXrOF(LMED MAY 1x'997
MAY 2 T11997
0161-2508
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.
Section 7. Emergency. This ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect on its
passage.
DATED this / ZL day of , 1997.
ATTEST:
Recording Secretary
PAGE 2 - ORDINANCE NO. 97-029
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
LINDA L. SWEARINGEN, Commissioner
4161-2509
EXHIBIT A to Ordinance 97-029
18.04.541 Guest lodge.
"Guest lodge" means an owner -
occupied single-family dwelling unit
located on a parcel of not less than five
acres where lodging and meals are provided
for compensation and in which no more
than five guest rooms are provided for no
more than ten guests at one time.
1 - Exhibit A to Ordinance 97-029
EXHIBIT B to Ordinance 97-029
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 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
1 - Exhibit B to Ordinance 97-029
0161-2510
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.
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.
CC. Manufactured home park on a parcel in
use as a manufactured home park prior to the
adoption of PL -15 in 1979 and being operated as
of June 12, 1996 as a manufactured home park,
including any expansion of such uses on the same
parcel, as configured on June 12, 1996.
DD. Wireless telecommunications facility
except those facilities meeting the requirements
of Section 18.116.250.
EE. Guest lodge.
(Ord. 96-038 § 1, 1996; 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)
EXIIIBIT C to Ordinance 97-029
18.128.040 Specific Use Standards
EE. Guest lodge.
1. The exterior of the building shall maintain a
residential appearance.
2. One off-street parking space shall be
provided for each guest room in addition to parking
to serve the residents.
3. The lodge shall be operated in a way that
will protect neighbors from unreasonable
disturbance from noise, dust, traffic or trespass.
4. Occupancies for individuals shall be limited
to not more than 30 consecutive dates.
5. Meals shall be served to registered overnight
lodge guests only and shall not be provided to the
public at large.
(Ord. 96-003 § 9, 1996; Ord. 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)
1 - Exhibit C to Ordinance 97-029