2002-826-Ordinance No. 2002-016 Recorded 4/26/20021
REVIEWED
` LE AL COUNSEL
a/
CODE REVIEW COMMITTEE
DESCHUTES
S COUNTY OFFICIAL
MARYSUE PENHOLLOW, COUNTY RECORDS CLERKV9 2002426
COMMISSIONERS' JOURNAL 04/26/2002 04;19;12 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 18.16 of Title
18 of the Deschutes County Code, and Declaring * ORDINANCE NO. 2002-016
an Emergency.
WHEREAS, House Bill 3326 was adopted by the State of Oregon, and became effective January 1,
2002, which provided for certain land divisions in the Exclusive Farm Use zone; and
WHEREAS, the Planning Division provided notice as required under State Measure 56; and
WHEREAS, the County held hearings before the County Planning Commission on December 13, 2001,
and before the Board of County Commissioners on February 21, 2002, to determine how HB 3326 should be
implemented; and
WHEREAS, the Board has articulated relevant policy decisions in Ordinance No. 2002-020, which
amends Chapter 23.88 of the DCC, and changes to Deschutes County Code Chapter 18.16 are necessary to
implement those policies; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 18.16 is amended to read as described in Exhibit "A,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in sfifikethfetigh.
PAGE 1 OF 2 - ORDINANCE NO. 2002-016 (04/24/02)
Section 2. 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�� day of 1 72002.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, ORYGON
DYNNIS R. LUKE, Commissioner
MICHA L M. DALY, Co issioner
Date of 1St Reading: 7 day of , 2002.
Date of 2°d Reading: qday of , 2002.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf c�
Dennis R. Luke v
Michael M. Daly
Effective date: day of , 2002.
ATTEST:
1�6� ��-
Recording
Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2002-016 (04/24/02)
EXHIBIT "A"
Chapter 18.16. EXCLUSIVE FARM USE
ZONES
18.16.010.
Purpose.
18.16.020.
Uses permitted outright.
18.16.030.
Conditional uses permitted - High
value and nonhigh value
farmland.
18.16.031.
Nonresidential conditional uses on
nonhigh value farmland only.
18.16.033.
Nonresidential conditional uses on
high value farmland only.
18.16.035.
Destination resorts.
18.16.037.
Guest ranch.
18.16.040.
Limitations on conditional 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 DCC 18.16 and
by the restrictions on private civil actions and
enforcement actions set forth in ORS 30.930
through 30.947.
(Ord. 2001-016 § 2, 2001; 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 DCC Title 18.
B. Propagation or harvesting of a forest product.
C. Exploration for minerals as defined by ORS
517.750(4).
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 of public
roads and highways, not including the
addition of travel lanes, where no removal or
displacement of buildings would occur or no
new land parcels result.
G. Temporary public road or highway detour
that will be abandoned and restored to
original condition or use when no longer
needed.
H. Minor betterment of existing public roads and
highway -related facilities such as
maintenance yards, weigh 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 DCC 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 ORS
358.480.
Page 1 of 16 - EXHIBIT "A" TO ORDINANCE NO. 2002-016 (04/24/02)
L. Wildlife habitat conservation and
management plan approved under ORS
215.802.
(Ord. 2001-016 § 2, 2001; Ord. 98-030 § 1, 1998;
Ord. 95-007 § 10, 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,
DCC 18.16.040 and 18.16.050, and other
applicable sections of DCC Title 18.
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 DCC
18.04.030, in existing dwellings.
F. A hardship dwelling.
G. A dwelling in conjunction with a wildlife
habitat conservation and management plan.
H. Commercial activity that is in conjunction
with farm use.
I. Operations conducted for
1. Exploration, mining and processing of
geothermal resources as defined by ORS
522.005;
2. Exploration and extraction of natural gas
or oil; 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.
J. 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 DCC 18.16.
The leasehold interest shall extend
throughout the lifetimes of the seller and his
or her spouse.
K. Expansion of an existing private park,
playground, hunting and fishing preserve and
campground.
L. Expansion of an existing park, playground or
community center owned and operated by a
governmental agency or a nonprofit
community organization.
M. 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.
N. Transmission tower over 200 feet in height.
O. Commercial utility facility, including a
hydroelectric facility (in accordance with
DCC 18.116.130 and 18.128.260), for the
purpose of generating power for public use
by sale.
P. Personal use landing strip for airplanes and
helicopter pad, including associated hangar,
maintenance and service facilities. A
personal use airport as used in DCC
18.16.030 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.
Q. Home occupation carried on by residents as
an accessory use within their existing
dwelling or other existing residential
accessory building. Home occupations are
Page 2 of 16 - EXHIBIT "A" TO ORDINANCE NO. 2002-016 (04/24/02)
not allowed in structures accessory to
resource use.
R. A facility for the primary processing of forest
products. The primary processing of a forest
product, as used in DCC 18.16.030, 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 DCC
18.16.030, means timber grown upon a parcel
of land or contiguous land where the primary
processing facility is located.
T
U
V
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.
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.
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.
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.
W. 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.
X. Construction of additional passing and travel
lanes requiring the acquisition of right of
way, but not resulting in the creation of new
land parcels.
Y. Reconstruction or modification of public
roads and highways involving the removal or
displacement of buildings, but not resulting in
the creation of new land parcels.
Z. 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.
AA. The propagation, cultivation, maintenance
and harvesting of aquatic species.
BB. Bed and breakfast inn.
CC. Excavation, grading and fill and removal
within the bed and banks of a stream or river
or in a wetland.
DD. Rural fire station.
EE. Roads, highways and other transportation
facilities, and improvements not otherwise
allowed under DCC 18.16, if an exception to
Goal 3, Agricultural Lands, and to any other
applicable goal is first granted under state
law.
(Ord. 2001-016 § 2, 2001; Ord. 98-030 § 1, 1998;
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. 91-020 § 1, 1991;
Ord. 91-014 § 1, 1991; Ord. 91-005 § 5, 1991;
Ord. 90-018 § 1, 1990; Ord. 90-014 §§ 23 and 31,
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 DCC
18.16.040 and other applicable sections of DCC
Title 18.
A. Dog kennel.
B. A site for the disposal of solid waste
approved by the governing body of a city or
County or both and for which a permit has
been granted under ORS 459.245 by the
Department of Environmental Quality
together with equipment, facilities or
buildings necessary for its operation.
C. Golf course and accessory golf course uses as
defined in DCC Title 18.
(Ord. 2001-016 § 2, 2001; Ord. 95-007 § 12,
1995)
Page 3 of 16 - EXHIBIT "A" TO ORDINANCE N0.2002-016 (04/24/02)
18.16.033. Nonresidential conditional uses on
high value farmland only.
In addition to those uses listed in DCC 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 DCC 18.16.040 and other applicable sections
of DCC Title 18.
A. Maintenance, enhancement or expansion of
dog kennels existing as of March 1, 1994,
subject to other requirements of law. New
dog kennels are prohibited.
B. Maintenance, enhancement or expansion of a
site described in 18.16.031(B) existing as of
March 1, 1994, subject to other requirements
of law. New such sites are prohibited.
C. Maintenance, enhancement or expansion of
golf course and accessory golf course uses as
defined in DCC Title 18 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. 2001-016 § 2, 2001; 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. 2001-016 § 2, 2001; Ord. 92-065 § 3, 1992;
Ord. 92-004 § 3, 1992)
18.16.037. Guest ranch.
A. A guest ranch may be established in
conjunction with an existing livestock
operation that qualifies as a farm use under
ORS 215.203, subject to the applicable
provisions set forth in DCC 18.16.040(A)(1),
(2) and (3), the applicable provisions of DCC
18.128, and the provisions of ORS
215.296(1) and (2).
B. "Guest ranch" means a facility for overnight
lodging incidental and accessory to an
existing livestock operation that qualifies as a
farm use under ORS 215.203. Guest ranch
facilities may include a lodge, bunkhouse or
cottage accommodations as well as passive
recreational activities and food services as set
forth in DCC 18.128.360(4) and (5).
C. For the purposes of DCC 18.16.037,
"livestock" means cattle, sheep, horses, and
bison.
D. A proposed division of land in an exclusive
farm use zone for a guest ranch or a division
of a lot or parcel that separates a guest ranch
from the dwelling of the person conducting
the livestock operation shall not be allowed.
(Ord. 2001-016 § 2, 2001; Ord 98-056 § 1, 1998)
Note: DCC 18.16.037 is repealed December 31, 2001.
18.16.040. Limitations on conditional uses.
A. Conditional uses permitted by DCC
18.16.030(H) through (DD) may be
established subject to applicable provisions in
DCC 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 ORS 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 DCC
18.16.030(H) 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 DCC 18.16.030(M) shall be
one that is necessary to be situated in an
agricultural zone in order for the service to be
provided.
D. A power generation facility that is part of a
commercial utility facility for the purpose of
generating power for public use by sale
identified in DCC 18.16.030(0) and:
Page 4 of 16 - EXHIBIT "A" TO ORDINANCE NO. 2002-016 (04/24/02)
E
F
10
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.
No aircraft may be based on a personal -use
airport identified in DCC 18.16.030(P) 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.
The facility for the primary processing of
forest products identified in DCC
18.16.030(R) is intended to be portable or
temporary in nature. Such a facility may be
approved for a one-year period which is
renewable.
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 totaling 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
rather than in separate buildings.
I. An expansion of an existing golf course as
allowed under DCC 18.16.033(C) shall
comply with the definition of "golf course"
set forth in DCC Title 18 and the provisions
of DCC 18.16.040(A).
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. 2001-016 § 2, 2001; Ord. 98-030 § 1, 1998;
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 DCC 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 in
DCC 18.16.030(A), 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 DCC 18.116.070, is considered
to be customarily provided in
conjunction with farm use if:
i. The parcel on which the
dwelling will be located is at
least:
(a) 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;
Ili. 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
Page 5 of 16 - EXHIBIT "A" TO ORDINANCE NO. 2002-016 (04/24/02)
or caring for livestock, at a
commercial scale;
iv. There is no other dwelling on the
subject tract; and
v. The dwelling will be located on
the least productive part of the
parcel.
2. Median acreage/gross sales test.
a. On land not identified as high-value
farmland, a dwelling, including a
manufactured home in accordance
with DCC 18.116.070, is considered
to be customarily provided in
conjunction with farm use if:
i. The subject tract is at least as
large as the median size of those
commercial farm or ranch tracts
capable of generating at least
$10,000 in annual gross sales
that are located within a study
area that includes all tracts
wholly or partially within one
mile of the perimeter of the
subject tract;
ii. The subject tract is capable of
producing at least the median
level of annual gross sales of
County indicator crops as the
same commercial farm or ranch
tracts used to calculate the tract
size in DCC
18.16.050(A)(2)(a)(1);
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 DCC
18.16.050(A)(2)(a)(ii);
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 DCC
18.16.050(A)(2)(a)(i) and (ii), 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 DCC 18.116.070, is considered
to be 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 DCC
18.16.050(A)(3) (a)(i); 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 DCC 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;
Page 6 of 16 - EXHIBIT "A" TO ORDINANCE N0.2002-016 (04/24/02)
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
DCC 18.16.050(B)(1); 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 DCC
18.116.070, is considered to be an accessory
farm dwelling customarily provided in
conjunction with farm use when:
1. The accessory dwelling meets the
following criteria:
a. The accessory farm dwelling will be
occupied by a person or persons who
will be principally engaged in the
farm use of the land and whose
assistance in the management of the
farm use is or will be required by the
farm operator; and
b. The accessory farm dwelling will be
located:
i. On the same lot or parcel as the
principal farm dwelling; or
ii. On the same tract as the principal
farm dwelling when the lot or
parcel on which the accessory
dwelling will be sited is
consolidated into a single parcel
with all other contiguous lots and
parcels in the tract; or
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
DCC 18.16 is filed with the
County Clerk. The deed
restriction shall require the
manufactured dwelling to be
removed when the lot or parcel is
conveyed to another party. An
accessory farm dwelling
approved pursuant to DCC
18.16.050 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
DCC 18.16.050; and
c. There is no other dwelling on land
zoned EFU owned by the farm
operator that is vacant or currently
occupied by persons not working on
the subject farm or ranch and that
could reasonably be used as an
accessory farm dwelling; and
2. The principal farm dwelling to which the
proposed dwelling would be accessory
meets one of the following:
a. On land not identified as high-value
farmland, the principal farm dwelling
is located on a farm or ranch
operation that is currently employed
in farm use and produced $32,500 in
gross annual sales in the last two
years or three of the last five years.
In determining gross income, the cost
of purchased livestock shall be
deducted from the total gross income
attributed to the tract; or
b. On land identified as high-value
farmland, the 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 DCC 18.16.050
shall not be approved for a division of
land except as provided for in DCC
18.16.055(B).
D. Relative farm help dwelling.
1. A dwelling listed in DCC 18.16.030(B) is
allowed when:
Page 7 of 16 - EXHIBIT "A" TO ORDINANCE NO. 2002-016 (04/24/02)
a. The subject tract is at least 40 acres
manufactured home shall be removed
in size, unless it is demonstrated to
from the property if it no longer meets
the Planning Director or Hearings
the criteria of DCC 18.16.050 and the
Body that a smaller unit of land is a
approval shall be so conditioned.
commercial agricultural enterprise.
3. A pre-existing dwelling approved under
b. The subject tract is used for farm use;
DCC 18.16.050 shall be removed or
c. The dwelling is a manufactured
converted to an allowable use within one
home and is sited in accordance with
year of the date the relative farm help
DCC 18.116.070, or is a pre-existing
dwelling no longer meets the criteria of
site -built home that: (1) was
DCC 18.16.050 and the approval shall be
established at least 30 years prior to
so conditioned.
the date the conditional use permit
4. Upon approval of a dwelling under DCC
was submitted and (2) is located on a
18.16.050, a Conditions of Approval
parcel of at least 40 acres in size and
Agreement shall be recorded with the
that meets the minimum irrigated
Deschutes County Clerk prior to issuance
acres standard for the subzone within
of any building or placement permit for
which it is located;
the new dwelling on the property.
d. The dwelling is located on the same
5. For the purposes of DCC 18.16.050(D), a
lot or parcel as the dwelling of the
farm operator is a person who operates a
farm operator, and is occupied by a
farm, doing the work and making the
grandparent, grandchild, parent,
day-to-day decisions about such things as
child, brother, or sister of the farm
planting, harvesting, feeding and
operator or the farm operator's
marketing.
spouse, whose assistance in the
E. Lot of record dwelling on nonhigh value
management of the commercial farm
farmland.
use is or will be required by the farm
1. A lot of record dwelling will be approved
operator.
e. The farm operator plays the
on nonhigh value farmland when all of
predominant role in the management
the following requirements are met:
and farm use of the farm and will
a. The lot or parcel on which the
continue to do so after the relative
dwelling will be sited was lawfully
farm help dwelling is approved.
created and was acquired by the
f. Any approval granted under DCC
present owner:
18.16.050 shall be conditioned with a
i. Prior to January 1, 1985; or
requirement that the farm operator
ii. By devise or by intestate
annually submit a report to the
succession from a person who
Planning Division identifying the
acquired the lot or parcel prior to
residentof the dwelling, their
January 1, 1985.s)
relationship to the farm operator, the
b. The tract on which the dwelling will
assistance the resident provides to the
be sited does not include a dwelling.
farm operator, and verifying the farm
c. For lots or parcels located within a
operator's continued residence on the
wildlife area (WA) combining zone,
properly and the predominant role
siting of the proposed dwelling
the farm operator continues to play in
would be consistent with the
the management and farm use of the
limitations on density as applied
farm.
under the applicable density
2. A manufactured home permitted under
restrictions of DCC 18.88.
DCC 18.16.050 shall be considered to be
d. If the lot or parcel on which the
a temporary installation, and permits for
dwelling will be sited is part of a
such home shall be renewable and
tract, the remaining portions of the
renewed on an annual basis. The
tract shall be consolidated into a
Page 8 of 16 - EXHIBIT "A" TO ORDINANCE NO. 2002-016 (04/24/02)
single lot or parcel when the
i. The dwelling or activities
dwelling is allowed.
associated with the dwelling will
e. The County Assessor shall be
not force a significant change in
notified of any approval of a
or significantly increase the cost
dwelling under DCC 18.16.050.
of accepted farming practices, as
2. For purposes of DCC 18.16.050(E),
defined in ORS 215.203(2)(c), or
"owner" includes the wife, husband, son,
accepted forest practices on
daughter, mother, father, brother,
nearby lands devoted to farm or
brother-in-law, sister, sister-in-law, son-
forest use.
in-law, daughter-in-law, mother-in-law,
ii. The proposed nonfarm dwelling
father-in-law, aunt, uncle, niece, nephew,
does not materially alter the
step-parent, step -child, grandparent or
stability of the overall land use
grandchild of the owner or a business
pattern of the area. In
entity owned by any one or combination
determining whether a proposed
of these family members.
nonfarm dwelling will alter the
F. Lot of record dwelling on high-value
stability of the land use pattern in
farmland.
the area, the County shall
1. A lot of record dwelling will be approved
consider the cumulative impact
on nonhigh value farmland when all of
of nonfarm dwellings on other
the following requirements are met:
lots or parcels in the area
a. The requirements set forth in DCC
similarly situated and whether
18.16.050(E)(1)(a) through (e), as
creation of the parcel will lead to
determined by the County; and
creation of other nonfarm
b. The requirements of Oregon
parcels, to the detriment of
Administrative Rules 660 -33 -agriculture
in the area.
130(3)(c)(C), as determined by a
iii. The proposed nonfarm dwelling
hearings officer of the State
is situated on an existing lot or
Department of Agriculture.
parcel, or a portion of a lot or
2. Applicants under DCC 18.16.050(F)
parcel, that is generally
shall make their application to the
unsuitable for the production of
County. The County shall give its
farm crops and livestock or
conditional approval under DCC
merchantable tree species,
18.16.050(F)(1)(a) before forwarding an
considering the terrain, adverse
application made under DCC
soil or land conditions, drainage
18.16.050(F) to the State Department of
and flooding, vegetation,
Agriculture for hearing under DCC
location and size of the tract.
18.16.050(F)(1)(b).
iv. The proposed nonfarm dwelling
3. Applicants under DCC 18.16.050(F)
is not within one-quarter mile of
shall be subject to such other procedural
a dairy farm, feed lot, sales yard,
requirements as are imposed by the
slaughterhouse or poultry, hog or
Oregon Department of Agriculture.
mink farm, unless adequate
G. Nonfarm dwelling.
provisions are made and
approved by the Planning
1. One single-family dwelling, including a
Director or Hearings Body for a
manufactured home in accordance with
buffer between such uses. The
DCC 18.116.070, not provided in
establishment of a buffer shall be
conjunction with farm use may be
designed based upon
permitted on an existing lot or parcel
consideration of such factors as
subject to the following criteria:
prevailing winds, drainage,
a. The Planning Director or Hearings
expansion potential of affected
Body shall make findings that:
agricultural uses, open space and
Page 9 of 16 - EXHIBIT "A" TO ORDINANCE NO. 2002-016 (04/24/02)
any other factor that may affect
presumed suitable if it is composed
the livability of the nonfarm
predominantly of soil capable of
dwelling or the agriculture of the
producing 20 cubic feet of wood
area.
fiber per acre per year. If a lot or
v. Road access, fire and police
parcel is under forest assessment, to
services and utility systems (i.e.,
be found compatible and not
electrical and telephone) are
seriously interfere with forest uses on
adequate for the use.
surrounding land it must not force a
2. For the purposes of DCC 18.16.050(G)
significant change in forest practices
only, "unsuitability" shall be determined
or significantly increase the cost of
with reference to the following:
those practices on the surrounding
a. A lot or parcel shall not be
land.
considered unsuitable solely because
3. Loss of tax deferral. Except as provided
of size or location if it can reasonably
in DCC 18.16.050(I)(2), pursuant to ORS
be put to farm or forest use in
215.236, a nonfarm dwelling on a lot or
conjunction with other land. If the
parcel in an Exclusive Farm Use zone
parcel is under forest assessment, the
that is or has been receiving special
dwelling shall be situated upon
assessment may be approved only on the
generally unsuitable land for the
condition that before a building permit is
production of merchantable tree
issued the applicant must produce
species recognized by the Forest
evidence from the County Assessor's
Practices Rules, considering the
office that the parcel upon which the
terrain, adverse soil or land
dwelling is proposed has been
conditions, drainage and flooding,
disqualified under ORS 308A.113 or
vegetation, location and size of the
ORS 308A.116 for special assessment at
parcel.
value for farm use under ORS 308A.062
b. A lot or parcel is not "generally
or other special assessment under ORS
unsuitable" simply because it is too
308A.068, 321.352, 321.730 or 321.815
small to be farmed profitably by
and that any additional tax or penalty
itself. If a lot or parcel can be sold,
imposed by the County Assessor as a
leased, rented or otherwise managed
result of disqualification has been paid.
as part of a commercial farm or
H. Temporary hardship dwelling.
ranch, it is not "generally
unsuitable". A lot or is
1. A dwelling listed in DCC 18.16.030(F) is
parcel
presumed to be suitable if it is
allowed under the following conditions:
composed predominantly of Class
a. The dwelling is a manufactured
I -VI soils. Just because a lot or
home and is used in conjunction with
parcel is unsuitable for one farm use
an existing dwelling on the lot or
does not mean it is not suitable for
parcel;
another farm use. If the parcel is
b. The manufactured home would be
under forest assessment, the area is
temporarily sited on the lot or parcel
not "generally unsuitable" simply
only for the term of a hardship
because it is too small to be managed
suffered by the existing resident or
for forest production profitably by
relative of the resident;
itself.
c. The existence of a medical hardship
c. If a lot or parcel under forest
is verified by a written doctor's
assessment can be sold, leased,
statement, which shall accompany
rented or otherwise managed as a
the permit application; and
part of a forestry operation, it is not
d. The temporary manufactured home
"generally unsuitable." If a lot or
uses the same subsurface sewage
parcel is under forest assessment, it is
disposal system used by the existing
Page 10 of 16 - EXHIBIT "A" TO ORDINANCE NO. 2002-016 (04/24/02)
I.
dwelling, provided that the existing
disposal system is adequate to
accommodate the additional
dwelling.
2. Permits granted under DCC
18.16.050(H) shall be subject to the
provisions of DCC 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 DCC 18.16.050(H), the term
"hardship" means a medical hardship or
hardship for the care of an aged or infirm
person or persons. As used in DCC
18.16.050(H), the term "relative" means
grandparent, grandchild, parent, child,
brother or sister of the existing resident.
Wildlife conservation plan dwelling.
1. A dwelling listed in DCC 18.16.030(G)
is allowed when the Planning Director or
the Hearings Body finds that the
proposed dwelling:
a. Is situated on a lot or parcel existing
on November 4, 1993, that qualifies
for a farm dwelling, as listed in DCC
18.16.030(A), or a nonfarm dwelling,
as listed in DCC 18.16.030(C);
b. Will not force a significant change in
accepted farm or forest practices on
surrounding lands devoted to farm or
forest use;
c. Will not significantly increase the
cost of accepted farm or forest
practices on surrounding lands
devoted to farm or forest use;
d. Will not be established on a lot or
parcel that is predominantly
composed of soils rated Class I or H,
when not irrigated, or rated Prime or
Unique by the United States Natural
Resources Conservation Service or
any combination of such soils; and
e. Is the only dwelling situated on the
affected lot or parcel.
2. For a wildlife conservation plan dwelling
approval based upon nonfarm dwelling
criteria, DCC 18.16.050(I) shall also
apply. Unless prior to approval of a
conditional use permit for a wildlife
conservation plan dwelling the applicant
submits to the assessor certification
demonstrating approval by Oregon
Department of Fish and Wildlife of a
wildlife conservation and management
plan and its implementation, the
conditional use permit shall contain a
condition requiring that the applicant,
prior to issuance of a building permit for
such dwelling, either 1) submit
certification to the assessor from ODFW
demonstrating approval and
implementation of a wildlife
conservation and management plan
qualifying under ORS 215.808 or 2) pay
the tax penalties required by DCC
18.16.050(G)(3).
(Ord. 2001-016 § 2, 2001; Ord. 98-033 § 1, 1998;
Ord. 98-030 § 1, 1998; 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
exclusive farm use zone shall be
identified on the land division application
as either an irrigated land &Fm division,
nonirrigated land nonfarm dwelling
division or a nonfaffn-division for a use
permitted by DCC 18.16.030 other than a
dwelling. An irrigated land division is
subject to subsection B below; a
nonirrigated land division is subject to
subsection C below; and a land division
for a use other than a dwelline is subiect
to subsection D below.
B. Irrigated land Faf division.
1. An irrigated land €afm division shall be
subject to the minimum lot size
requirements of DCC 18.16.0
Subzones,—BEAD) and all applicable
requirements of DCC Title 17.
2. !!partitions establishing parcels less than
the EFU minimum lot size established
under DCC 18.16.065, in B U ar—
may be permitted to create one -new
parcels for a -nonfarm dwellings that has
Page 11 of 16 - EXHIBIT "A" TO ORDINANCE NO. 2002-016 (04/24/02)
beeii approved under- PGG 18.16.050(G)
as follows:
a. If the parent parcel is greater than the
minimum lot size established under
18.16.065, and is less than 80 acres
in size, one new nonfarm parcel may
be created subject to the following_
i. Parent parcel was lawfully
created prior to July 1, 2001;
ii. Remainder parcel shall meet the
minimum lot size established
under 18.16.065;
iii. All standards established under
18.16.050(G) for the dwelling
shall be met;
iv. No minimum lot size shall be
required for the nonfarm parcel.
v. The parcel for the nonfarm
dwelling iseg nerally unsuitable
for the production of farm crows
and livestock or mechantable tree
species considering the terrain,
adverse soil or land conditions,
drainage and flooding,
vegetation, location and size of
the tract. A parcel may not be
considered unsuitable based
solely on size or location if the
parcel can reasonably be put to
farm or forest use in conjunction
with other land.
b. If the parent parcel is greater than the
minimum lot size established under
18.16.065, and is greater than or
equal to 80 acres in size, two new
nonfarm parcels may be created
subject to the following:
i. Parent parcel was lawfully
created prior to July 1, 2001;
ii. Remainder parcel shall meet the
minimum lot size established
under 18.16.065,
iii. All standards established under
18.16.050(G) for the dwellings
shall be met;
iv. No minimum lot size shall be
required for the nonfarm parcel.
v. The parcels for the nonfarm
dwellings areeg nerally
unsuitable for the production of
farm crops and livestock or
merchantable tree species
considering the terrain, adverse
soil or land conditions, drainage
or flooding, vegetation, location
and size of the tract. A parcel
may not be considered unsuitable
based solely on size or location if
the parcel can reasonably be put
to farm or forest use in
conjunction with other land.
3. The minimum size for new parcels €er
3- use does not mean that farm
dwellings may be approved on the new
parcels. New dwellings in conjunction
with farm use must satisfy the criteria in
DCC 18.16.050.
C. Nonirri ag ted land f ff &,ell ng division.
1. The minimum lot size for a
nonirrigated land division is 80
acres.
2. Notwithstanding 1 above, land
divisions creating nonfarm parcels
less than the minimum lot size may
be allowed as follows:
Page 12 of 16 - EXHIBIT "A" TO ORDINANCE NO. 2002-016 (04/24/02)
a. If the parent parcel isrg eater
than 80 acres in size, up to two
new nonfarm parcels may be
allowed subject to the following:
i. Parent parcel was lawfully
created prior to July 1,
2001;
ii. Remainder parcel shall be at
least 80 acres in size;
iii. All standards established
under 18.16.050(G) for the
dwellings shall be met;
iv. The minimum lot size for the
nonfarm parcels is 5 acres.
v. The parcels for the nonfarm
dwellings are generally
2. Nen&1=Fn subdivisions are
unsuitable for the productionmore
prehib=tea.-Na
41a t1ifee ++f ,-.,�. par -eels may be
of farm crops and livestock
or merchantable tree s ecies
existingas of e€€eetive dater
considering the terrain
O -ding ee 92 065
adverse soil or land
conditions, drainage or
D. A Non division of land for a use listed
vegetation location
under 18.16.030 other than a
nenflooding,
and size of the tract. A
dwelling. Such divisions shall be subject to
parcel may not be considered
the minimum lot size requirements of DCC
unsuitable based solely n
18.16.060(C) and the applicable partitioning
size or location if the parcel
standards, including the general partition
can reasonably be put to farm
standards set forth in DCC 17.22, the
or forest use in conjunction
Subdivision and Partition Ordinance.
with other land.
(Ord. 2002-016 § 1, 2002, Ord. 2001-016 § 2,
2001; Ord. 95-007 § 16, 1995; Ord. 94-026 § 2,
b. If the parent parcel is greater
1994; Ord. 92-065 § 3, 1992)
than or equal to 40 acres and less
than or equal to 80 acres one
18.16.060. Dimensional standards.
new nonfarm parcel is allowed
subject to the following
A. The minimum parcel size for divisions of
irrigated fafFa-parcels created subject to DCC
i. Parent parcel was lawfully
Title 17 shall be as specified under DCC
created prior to J1111 1 2001 •
18.16.065, "Subzones."
ii. Parcels are not capable of
B. The minimum parcel let size for nonirri ated
producing more than 20
€afm land divisions is as specified under
cubic feet per acre per year
DCC 18.16.055(C)-28 acres.
of wood fiber:
C. The minimum lot area for all nenfafm-uses
iii. Parcels are composed of at
permitted by DCC 18.16.030(G) through
least 90 percent Class VII
(CC) shall be that determined by the Planning
and VIII soils, or are
Director or Hearings Body to carry out the
composed of at least 90
intent and purposes of ORS 215, DCC Title
percent Class VI through
18 and the Comprehensive Plan. In no case
VIII soils and are not capable
shall lot areas be less than one acre.
of producing adequate
herbaceous forage for
D. Each lot shall have a minimum street
azing livestock
frontage of 50 feet.
iv. Parcels shall not have E. Building height. No building or structure
established water rijzhts for shall be erected or enlarged to exceed 30 feet
irrigation; in height, except as allowed under DCC
18.120.040.
v. The minimum lot size is 5 (Ord. 2002-016 § 1, 2002, Ord. 2001-016 § 2,
acres; 2001; Ord. 95-007 § 17, 1995; Ord. 93-043 § 3,
vi. Be located outside of the 1993; Ord. 93-004 § 1, 1993; Ord. 92-065 § 3,
_Horse Ridge East subzone 1992; Ord. 92-055 § 1, 1992; Ord. 91-038 §§ 1
c. Partitions in the Wildlife Area and 2, 1991; Ord. 91-020 § 1, 199 1)
Combining Zones must meet the 18.16.065. Subzones.
minimum lot sizes established under
DCC 18.88.050. A. Lower Bridge.
Page 13 of 16 - EXHIBIT "A" TO ORDINANCE NO. 2002-016 (04/24/02)
A proposed farm division must result in
parcels that demonstrate the following
characteristics or capabilities:
One hundred thirty acres of irrigated land
1991 ed F;
...,.,.,s., .... us., .-alae ef $31,850.
B. Sisters/Cloverdale.
A proposed farm division must
result in
parcels that demonstrate the
following
characteristics or capabilities:
Sixty-three acres of irrigated land -gym
assessed fimn tise value of $14,93
C. Terrebonne.
.
A proposed farm division must
result in
parcels that demonstrate the
following
characteristics or capabilities:
Thirty-five acres of irrigated land--of-4994-
µ.•au«.ms 1 f $8,365.
w vou
au
D. Tumalo/Redmond/Bend.
A proposed farm division must
result in
parcels that demonstrate the
following
characteristics or capabilities:
Twenty-three acres of irrigated land-er-49
assessed l x $5;451-.
I
E. Alfalfa.
A proposed farm division must
result in
parcels that demonstrate the
following
characteristics or capabilities:
Thirty-six irrigated acres or- 4991
fami use value of $8,640.
assessed
F. La Pine.
A proposed farm division must result in
parcels that demonstrate the following
characteristics or capabilities:
Thirty-seven acres of irrigated lander -'ter
assessed fa : use .a'ti of $ i i'5 78.
G. Horse Ridge East. Minimum parcel size for
farm division or for farm -related dwellings
on existing parcels is 320 acres.
(Ord. 2002-016 § 1, 2002; Ord. 2001-016 § 2,
2001; Ord. 95-007 § 18, 1995; Ord. 92-065 § 3,
1992)
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 DCC
18.16.067(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.
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 farmina 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
Page 14 of 16 - EXHIBIT "A" TO ORDINANCE NO. 2002-016 (04/24/02)
the farm management plan a farm
use has been established on the
subject land.
2. For purposes of determining under DCC
18.16.067 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 DCC
18.16.050.
(Ord. 2001-016 § 2, 2001; 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 a
property currently employed in farm use, the
rear yard 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
DCC 15.04 shall be met.
(Ord. 2001-016 § 2, 2001; 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, 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. 2001-016 § 2, 2001; Ord. 91-038 §§ 1 and
2,1991; Ord. 91-020 § 1, 1991)
18.16.090. Rimrock setback.
Notwithstanding the provisions of DCC
18.16.070, setbacks from rimrock shall be as
provided in DCC 18.116.160.
(Ord. 2001-016 § 2, 2001; Ord. 92-065 § 3, 1992;
Ord. 91-038 § 1 and 2, 1991; Ord. 86-053 § 5,
1986)
Zoning Maps (Amended by Ord. 95-043 §§ 1 and 2, 1995;
Ord. 94-052 § 1, 1994; Ord. 93-014 § 1, 1993; Ord. 92-064 §
1, 1992)
Page 15 of 16 - EXHIBIT "A" TO ORDINANCE NO. 2002-016 (04/24/02)
Exhibit A
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Whereas the undersigned hereinafter referred to as "Declarant," is
owner in fee simple of the property described in Exhibit A attached hereto and by this reference incorporated
herein (the property); and
Whereas, Declarant has received approval to site a manufactured home on the property described herein
pursuant to land use permit No. for an accessory farm dwelling, issued by Deschutes County
pursuant to Section 18.16.050(C) of the Deschutes County Code;
Whereas Section 18.16.050(C)(1)(b)(iii) requires as a condition of approval the recording of a deed
restriction in favor of Deschutes County requiring that any manufactured home sited under said permit be
removed prior to any further conveyance of this property; and
Whereas the Declarant desires to declare his/her intention to create covenants, conditions and restrictions
necessary to effectuate and comply with the requirements of OAR 660-33-130(24)(a)(B)(iii) and Section
18.16.050(C) of the Deschutes County Code;
Declarant hereby declares that all of the property described in Exhibit A shall be held, sold and conveyed
subject to the following covenants, conditions and restrictions in favor of Deschutes County:
Declarant shall cause to be removed any manufactured home sited on the property described herein
pursuant to Deschutes County land use permit No. for an accessory dwelling prior to any
further conveyance of the property.
Declarant's obligations under this covenant shall not be extinguished by any subsequent conveyance
made in disregard of these covenants, conditions and restrictions.
These covenants, conditions, and restrictions shall in addition run with the land and be binding upon any
of the Declarant's successors in interest should the property be transferred in disregard of this covenant.
It is intended that this covenant shall have the same effect as a regulation designed to implement the
comprehensive plan. This covenant may be enforced by Deschutes County by a suit in equity, or if
Deschutes County fails to take such action, by any person described in ORS 215.188.
These covenants, conditions and restrictions shall be released by the County upon proof that the
requirements set forth herein have been met.
Dated this day of
(Signature)
(notary seal)
Page 16 of 16 - EXHIBIT "A" TO ORDINANCE NO. 2002-016 (04/24/02)