2004-938-Minutes for Meeting May 25,2004 Recorded 7/2/2004COUNTY OFFICIAL
TES
NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 1004.938
COMMISSIONERS' JOURNAL 07/02/2004 10:26:29 AM
111111111111111111111111IIIIIII
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
This page must be included
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Deschutes County Board of Commissioners
1130 NW Harriman St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org
MINUTES OF WORK SESSION WITH COMMUNITY DEVELOPMENT
DESCHUTES COUNTY BOARD OF COMMISSIONERS
TUESDAY, MAY 259 2004
Commissioners' Meeting Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tom DeWolf.
Also present were Laurie Craghead, Legal Counsel; and Kevin Harrison and Paul
Blikstad, Community Development Department. No representatives of the media
or other citizens were in attendance.
The purpose of the meeting was to discussion proposed text amendments to
Exclusive Farm Use Zones, Deschutes County Code Chapter 18.16, in order to
correct incorrect references and to comply with State statute.
Chair Mike Daly opened the meeting at 1:1 S p. m.
Laurie Craghead explained that the organization of statute and rules is confusing,
and the Code format doesn't follow as it should. She and Community
Development staff have been working on changes in the language for months. The
intent is not to change the meaning; the goal is efficient implementation.
Paul Blikstad pointed out that some changes are now included that were not
previously brought before the Planning Commission. These changes primarily
address uses in farm zones. He then went over these proposed changes in detail.
Mr. Blikstad then stated that one big policy change has to do with churches and
schools. Currently they are only allowed to expand; but, per the State, new
structures must be allowed. He also explained how the changes might affect farm
stands.
Minutes of Board of Commissioners' Work Session Tuesday, May 25, 2004
Proposed Text Amendments to Exclusive Farm Use Zones Page 1 of 2 Pages
Kevin Harrison explained that these changes could affect the property the County
owns that's located next to the landfill, in regard to allowing residential facilities.
The group then discussed changes that would limit bed and breakfast guests to five
persons who are unrelated to the owners. Ms. Craghead pointed out that the state
wanted to keep this type of business small if it is located in farming areas.
Other proposed changes that would have Code comply with State law are related to
composting facilities, wineries, how to rate soil values, and so on.
A public hearing and proposed first reading of the ordinance making these text
changes is scheduled for June 23. Scheduled for June 30 is the second reading and
approval, by emergency, allowing adoption in thirty days.
Being no further discussion, the meeting adjourned at 2:35 p.m.
DATED this 25th Day of May 2004 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
Attachment
s R. Luke, Commissioner
Tom DeWolf, Commissi er
Exhibit A: A copy of Draft Changes dated May 10, 2004 (23 pages)
Minutes of Board of Commissioners' Work Session iuesaay, may L-), I -VV -t
Proposed Text Amendments to Exclusive Farm Use Zones Page 2 of 2 Pages
Chapter 18.16. EXCLUSIVE FARM USE
D.
Accessory buildings customarily provided in
ZONES
conjunction with farm use.
18.16.010. Purpose.
E.
Climbing and passing lanes within a right of
18.16.020. Uses permitted outright.
way existing as of July 1, 1987.
18.16.030. Conditional uses permitted - High
F.
Reconstruction or modification of public
value and nonhigh value
roads and highways, includingthe placement
farmland.
of utility_ facilities overhead and in the
18.16.031. Nonresidential conditional uses on
subsurface of public roads and highways
nonhigh value farmland only.
along the public right of way, but not
18.16.033. Nonresidential conditional uses on
including the addition of travel lanes, where
high value farmland only.
no removal or displacement of buildings
18.16.035. Destination resorts.
would occur or no new land parcels result.
18.16.037. Guest ranch.
G.
Temporary public road or highway detours
18.16.040. Limitations on conditional uses.
that will be abandoned and restored to
18.16.050. Standards for dwellings in the
original condition or use when no longer
EFU zones.
needed.
18.16.055. Land divisions.
18.16.060. Dimensional standards.
H.
Minor betterment of existing public roads
18.16.065. Subzones.
and highway -related facilities such as
18.16.067. Farm management plans.
maintenance yards, weigh stations and rest
.18.16.070. Yards.
areas, within a right of way existing as of
18.16.080. Stream setbacks.
July 1, 1987, and contiguous publicly owned
18.16.090. Rimrock setback.
property utilized to support the operation and
maintenance of public roads and highways.
I.
Creation, 'restoration or enhancement of
18.16.010. Purpose.
wetlands.
A. The purpose of the Exclusive Farm Use
J.
Alteration, restoration or replacement of a
zones is to preserve and maintain agricultural
lawfully established dwelling that:
lands and to serve as a sanctuary for farm
1. Has intact exterior walls and roof
uses.
structure;
B. The purposes of this zone are served by the
2. Has indoor plumbing consisting of a
land , use restrictions set forth in the
kitchen sink, toilet and bathing facilities
Comprehensive Plan and in DCC 18.16 and
connected to a sanitary waste disposal
by the restrictions on private civil actions and
system;
enforcement actions set forth in ORS 30.930
3. Has interior wiring for interior lights;
through 30.947.
4. Has a heating system; and
(Ord. 95-007 § 9, 1995; Ord. 92-065 § 3, 1992;
5. In the case of replacement, is removed,
Ord. 91-038 § 1 and 2, 199 1)
demolished or converted to an allowable
use within three months of completion of
18.16.020. Uses permitted outright.
the replacement dwelling. A replacement
The following uses and their accessory uses are
dwelling may be sited on any part.of the
permitted outright:
same lot or parcel, and shall comply with
A. Farm use as defined in DCC Title 18.
all applicable siting standards. If the
dwelling to be replaced is located on a
B. Propagation or harvesting of a forest product.
portion of the lot or parcel not zoned for
exclusive farm use, the applicant, as a
C. Operations for the eExploration for minerals
condition of approval, shall execute and
as defined by ORS 517.7500.
record in the deed records for the countv
Chapter 18.16 1 (04/2002)
DRAFT CHANGES — MAY 10, 2004
Exhibit
Page I 0f 03
a deed restriction prohibiting the siting of
a dwelling on that portion of the lot or
parcel. The restriction imposed shall be
irrevocable unless a statement of release
is placed in the deed records for the
county. The release shall be signed by
the county or its designee and state that
the provisions of the statute and county
code have changed to allow the siting of
another dwelling: and
6, The replacement dwelling is subject to
OAR 660-033-0130(30), as follows:
The County shall require as a condition
of approval of a single-family
replacement dwelling that the landowner
for the dwelling sign and record in the
deed records for the county a document
binding the landowner, and the
landowner's successors in interest,
prohibiting them from pursuing a claim
for relief or cause of action alleging
injury from farming or forest practices
for which no action or claim is allowed
under ORS 30.936 to 30.937.
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, and subject to 18.16.0200)(6)
above.
L. Wildlife habitat conservation and
management plan approved under ORS
215.800 to 215.808502.
M. Operation, maintenance, and piping of
existing irrigation systems operated by an
Irrigation District except as provided in DCC
18.120.050.
N. Utilily facility service lines. Utility facility
service lines are utility lines and accessory
facilities or structures that end at the point
where the utility service is received by the
customer and that are located on one or more
of the following:
1. A public right of waw
Chapter 18.16
DRAFT CHANGES — MAY 10, 2004
2. Land immediately adjacent to a public
richt of waLprovided the written
consent of all adjacent property owners
has been obtained, or
3. The property to be served by the utility.
O. The land application of reclaimed water,
agEicultural process or industrial process
water or biosolids -for agricultural
horticultural or silvicultural production or
for irrigation in connection with a use
allowed in an exclusive farm use zone
subiect to the issuance of a license, permit or
other approval by the Department of
Environmental Quality under ORS 454.695
459.205. 46813.053 or 468B.055, or in
compliance with rules adopted under ORS
46813.095, and with the requirements of ORS
215.246, 215.247, 215.249 and 215.521.
P. Fire service facilities providing rural fire
protection services.
O. Operations for the exploration for and
production of geothermal resources as
defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the
placement and operation of compressors
separators and other customM production
equipment for an individual well adjacent to
the wellhead.
R. A site for the disposal of solid waste that has
been ordered to be established by the
Environmental Quality Commission under
ORS 459.049, together with the equipment
facilities or buildings necessary for its
operation on nonhigh value farmland only.
S. The breeding, kenneling and training of
greyhounds for racing_ .
(Ord. 2001-039 § 1, 2001; 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, 198 1)
2 (04/2002)
Exhibit
page �L of
18.16.025. Uses permitted subiect to the special
provisions under DCC Section
18.16.038 and a review under DCC
Chapter 18.124 for items C through
M.
A. Dwellings customarily provided in
conjunction with farm use (farm -related
dwellin s .
B. A relative farm help dwelling
C. Churches and cemeteries in conjunction with
churches consistent with ORS 215.441, that
are not within 3 miles of an acknowledged
urban growth_ boundary, on nonhigh value
farmland.
D. Churches and cemeteries in conjunction with
churches consistent with ORS 215.441, that
are within 3 miles of an acknowledged urban
growth boundary, subject to the approval of
an exception pursuant to ORS 197.732 and
OAR chanter 660, division 004, on nonhigh
value farmland.
E. Expansion of an existing church or cemetery
in conjunction with a church on the same
tract as the existing use.
F. Public or private schools, including all
buildings essential to the operation of the
school, that are not within 3 miles of an
acknowledged urban growth boundary on
nonhigh value farmland.
G. Public or private schools, including all
buildings essential to the operation of the
school, that are within 3 miles of an
acknowledged urban growth boundgL
subject to the approval of an exception
pursuant to ORS 197.732 and OAR chanter
660 division 004, on nonhigh value farmland.
H. Expansion of an existing public orrip vate
school on the same tract as the existing use,
including all buildings essential to the
operation of such a school.
Chapter 18.16
DRAFT' CHANGES — MAY 10, 2004
I. Utility facilities necessary for public service
including wetland waste treatment systems
but not including commercial facilities for the
purpose of generating electrical power for
public use by sale and transmission towers
over 200 feet in height.
J. Winery, as described in ORS 215.452.
K. Farm stands.
L. A site for the takeoff and landing of model
aircraft, including such buildings or facilities
as may be reasonably necessary.
M. A facilily for the processing of farm crops
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.
AG -Nonfarm dwelling and accessory uses
thereto.
BD.Lot of record dwelling.
CB. Residential home or facility as defined in
DCC 18.04.030, in existing dwellings.
DF. A hardship dwelling, which can include one
manufactured dwelling or recreational
vehicle, in conjunction with an existing
dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a
relative of the resident.
EGA dwelling in conjunction with a wildlife
habitat conservation and management plan.
FH. Commercial activities that are is in
conjunction with farm use, but not including
(04/2002)
Exhibit
Page 3 of �'�
the processing of farm crops as described in
DCC 18.16.020.
G4. Operations conducted for:
I. E"ler-mkm,, Mmining and processing of
geothermal resources as defined by ORS
522.005;
2. E41er-atien—aed ex4raetien Mining and
processing of natural gas or oil as defined
by ORS 520.005.
jK.Expansion of an existing private park,
playground, hunting and fishing preserve and
campground on the same tract as the existing
use.
KE.Expansion of an existing pgblic park and
playground on the same tract as the existing
use, including only those uses specified under
OAR 660-034-0035
ergaeizmieft. The expansion of a public park
may be established consistent with the
provisions of ORS 195.120.
L. Community centers owned by a
governmental agency or a nonprofit
organization and operated primarily by and
for residents of the local rural community.
44. U44ity faeility neeessaf f publie
by sale and #Msmissieff tewefs evef: 200 feet
in heigm.
N4N.Transmission towers over 200 feet in height.
Chapter 18.16
DRAFT CHANGES — MAY 10, 2004
NO. 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.
OR. Personal use airport for
airplanes and helicopter pads 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.
PQ. Type 2 or 3 Home Occupation, subject to
DCC 18.116.280. Home occupations are not
allowed in structures accessory to resource
use. The home occupation shall not
unreasonably interfere with other uses
permitted in the EFU zone.
QR.A facility for the primary processing of forest
products, provided that such facility is found
to not seriously interfere with accepted
farming practices and is compatible with
farm uses described in ORS 213.203(2). 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.
R8. 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.
I
(04/2002)
Exhibit {�
Page_ of '�3
SX.Construction of additional passing and travel
lanes requiring the acquisition of right of
way, but not resulting in the creation of new
land parcels.
TY.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.
UZ.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.
YAA.The propagation, cultivation, maintenance
and harvesting of aquatic species.
W'BR.Bed and breakfast inn, with room and
board for a maximum of five unrelated
persons in an existing residence. If approved,
this use is subject to the recordingof f the
statement listed in DCC 18.16.0200(6).
XGG. Excavation, grading and fill and removal
within the bed and banks of a stream or river
or in a wetland.
YEE. 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. Transportation uses and improvements
may be authorized under conditions and
Chapter 18.16
DRAFT CHANGES — MAY 10, 2004
standards as set forth in OAR 660-012-0035
and 660-012-0065.
Z€F. Surface mining of mineral and aggregate
resources in conjunction with the operation and
maintenance of irrigation systems operated by an
Irrigation District, including the excavation and
mining for facilities, ponds, reservoirs, and the
off-site use, storage, and sale of excavated
material.
AA.A living histo museum.
useum.
BB.Operations for the extraction and bottling of
water.
CC.Transportation improvements on rural lands
allowed by OAR 660-012-0065.
DD.Expansion of existing countv fairgrounds and
activities relating to coupty fair org_unds
governed by county fair boards established
pursuant to ORS 565.210.
(Ord. 2001-039 § 1, 2001; 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.
(04/2002)
Exhibit A
Page S' of �,3
gFeWth
b8ldfid0f)-
W.&EPefisieft
of an
e�-isfiftg pub lie er-
Private
,
SX.Construction of additional passing and travel
lanes requiring the acquisition of right of
way, but not resulting in the creation of new
land parcels.
TY.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.
UZ.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.
YAA.The propagation, cultivation, maintenance
and harvesting of aquatic species.
W'BR.Bed and breakfast inn, with room and
board for a maximum of five unrelated
persons in an existing residence. If approved,
this use is subject to the recordingof f the
statement listed in DCC 18.16.0200(6).
XGG. Excavation, grading and fill and removal
within the bed and banks of a stream or river
or in a wetland.
YEE. 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. Transportation uses and improvements
may be authorized under conditions and
Chapter 18.16
DRAFT CHANGES — MAY 10, 2004
standards as set forth in OAR 660-012-0035
and 660-012-0065.
Z€F. Surface mining of mineral and aggregate
resources in conjunction with the operation and
maintenance of irrigation systems operated by an
Irrigation District, including the excavation and
mining for facilities, ponds, reservoirs, and the
off-site use, storage, and sale of excavated
material.
AA.A living histo museum.
useum.
BB.Operations for the extraction and bottling of
water.
CC.Transportation improvements on rural lands
allowed by OAR 660-012-0065.
DD.Expansion of existing countv fairgrounds and
activities relating to coupty fair org_unds
governed by county fair boards established
pursuant to ORS 565.210.
(Ord. 2001-039 § 1, 2001; 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.
(04/2002)
Exhibit A
Page S' of �,3
C. Golf course and accessory golf course uses as
defined in DCC Title 18.
D. Composting facilities for which a permit has
been granted by the Oregon Department of
Environmental Quality under ORS 459.245
and OAR 340-96-020.
E. Private parks, playgrounds, hunting and
fishing preserves and camp org_unds.
(Ord. 95-007 § 12, 1995)
18.16.033. Nonresidential conditional uses on
hikh 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 18.16.0324{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. 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)
18.16.037. Guest ranch.
A. A guest ranch may be established in
conjunction with an existing and continuing
livestock operation, using accepted livestock
practices 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. 2001-043 § 1, 2001; Ord. 98-056 § 1, 1998)
Note: DCC 18.16.037 is repealed December 31, 2005.
18.16.038. Special Conditions for certain uses
listed under DCC 18.16.025.
A. A utility facility necessary for public use
allowed under DCC 18.16.025(C) shall be
one that is necessary to be situated in an
agricultural zone in order for service to be
provided. To demonstrate that a utility
facility is necessary, an applicant just show
that reasonable alternatives' have been
considered and that the facility must be sited
in an exclusive farm use zone due to one or
more of the following factors:
1. Technical and engineering feasibili
2. The proposed facility is locationall
dependent. A utility facility is
locationally dependent if it must cross
land in one or more areas zoned for
exclusive farm use in order to achieve a
reasonably direct route or to meet unique
geographical needs that cannot be
satisfied on other lands,
Chapter 18.16 6 (04/2002)
DRAFT CHANGES — MAY 10, 2004
Exhibit
Page of
3. Lack of available urban and nonresource
lands:
4. Availability of existing _rights of way;
5. Public health and safety: and
6. Other requirements of state and federal
agencies.
7. Costs associated with any of the factors
listed in 1-6 above may be considered,
but cost alone may not be the only
consideration in determining that a utility
facility is necessary for public service.
Land costs shall not be included when
considering alternative locations for
substantially similar utility facilities that
are not substantially similar.
8. The owner of a utility facility approved
under this section shall be responsible for
restoring, as nearly as possible, to its
former condition any agricultural land
and associated improvements that are
damaged or otherwise disturbed by the
siting, maintenance, repair or
reconstruction of the facility. Nothing in
this subsection shall prevent the owner of
the utility facility from requiring a bond
or other security from a contractor or
otherwise imposing on a contractor the
responsibility for restoration.
9. In addition to the provisions of 1-6
above, the establishment or extension of
a sewer system as defined by OAR 660-
011-00600)(fl in an exclusive farm use
zone shall be subject to the provisions of
OAR 660-011-0060.
10. The provisions above do not apply to
interstateag s pipelines and associated
facilities authorized by and subject to
regulation by the Federal Energy
RegulgW Commission.
B. Wineries are subject to the following;
A winery, authorized under DCC 18.16.025
is a facility that produces wine with a
maximum annual production of
1. Less than 50,000 gallons and that:
Chapter 18.16
DRAFT' CHANGES — MAY 10, 2004
a. Owns an on-site vineyard of at least
15 acres,•
b. Owns a contiguous vineyard of at
least 15 acres -
c. Has a long-term contract for the
purchase of all of the grapes from at
least 15 acres of a vineyard
contiguous to the winery: or
d. Obtains graves from any
combination of a, b or c above: or
2. At least 50,000 gallons and no more than
100,000 gallons and that:
a. Owns an on-site vineyard of at least
40 acres:
b. Owns a contiguous vineyard of at
least 40 acres:
c. Has a long-term contract for the
purchase of all of the grapes from at
least 40 acres of a vineyard
contiguous to the winery: or
d. Obtains grapes from any
combination of (2)(a -c),
3. The winery shall allow only the sale of
a. Wines produced in conjunction with
the winery: and
b. Items directly related to wine. the
sales of which are incidental to retail
sale of wine on-site. Such items
include those served by a limited
service restaurant, as defined in ORS
624.010.
4. Prior to issuance of a permit to establish
a winery, the applicant shall show that
vineyards, described under either 1 or 2
above, have been planted or that the
contract has been executed, as applicable.
5. The minimum setback for wine
buildings adjacent to an intensive farm
use on nearby land shall be 100 feet.
Site plan review under DCC 18.124 shall
be required for a winery,
(04/2002)
Exhibit__
Page 7 of 2-3
6 Approval of a winery shall not be a basis
for an exception under ORS
197.732(1)(a) or (b).
C. Farm stands are subject to the following:
1. The structures are designed and used for
the sale of farm crops or livestock grown
on the farm operation, or grown on the
farm operation and other farm operations
in the local agricultural area, including
the sale of retail incidental items and fee-
based activity to promote the sale of farm
crops or livestock sold at the farm stand
if the annual sale of incidental items and
fees from promotional activity do not
make up more than 25 percent of the total
annual sales of the farm stand; and
2. The farm stand does not include
structures designed for occupancy as a
residence or for activity other than the
sale of farm crops or livestock,and does
not include stuctures for banquets, public
gatherings or public entertainment.
D. A site for the takeoff and landing of model
aircraft is subject to the following_
1. Buildings or facilities shall not be more
than 500 square feet in floor area or
placed on a permanent foundation unless
the building or facility preexisted the use
approved under this section. The site
shall not include an aggregate surface or
hard surface area, unless the surface
preexisted the use approved under this
section. As used in this section, "model
aircraft" mean a small-scale version of an
airplane, glider, helicopter, dirigible
balloon that is used or intended to be
used for flight and is controlled by radio,
lines or design by person on the ground.
E. A facilfty for the12rocessing of farm crops
shall be located on a farm operation that
provides at least one-quarter of the farm
crops processed at the facility. The building
established for the processin fg acili shall
not exceed 10,000 square feet of floor area
designated for preparation, storage or other
farm use or devote more than 10,000 square
feet to the processing activities within
Chapter 18.16
DRAFT CHANGES — MAY 10, 2004
another building supportiniz farm uses. A
processing facility shall comply with all
applicable siting standards, but the standards
shall not be applied in a manner that prohibits
the siting of the processingfacility.
18.16.040. Limitations on conditional uses.
A. Conditional uses permitted by DCC
18.16.030( ) through ( ) 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(1) 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 i* outside
of Deschutes County or- an adjoining eeufft�.
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:
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.
(04/2002)
Exhibit A
Page of'�
E. No aircraft may be based on a personal -use
airport identified in DCC 18.16.030(PQ)
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
Oregon Department of Aviation AereHeuties
Divisiee in specific instances. A personal
use airport lawfully existing as of September
13, 1975, shall continue to be permitted
subject to any applicable regulations of the
Oregon Department of Aviation AereeatAies
13ivisiee.
F. The facility for the primary, processing of
forest products identified in DCC
18.16.030(8) 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 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).
I 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.
K. For purposes of approving a conditional use
permit for a lot of record dwelling under
DCC 18.16.030, the soil class, soil rating or
other soil designation of a specific lot or
parcel may be changed if the promo a owner:
1. Submits a statement of agreement from
the Natural Resources Conservation
Service of the United States Department
of Agriculture that the soil class, soil
rating or other soil designation should be
adjusted based on new -information, or
2. Submits a report from a soils scientist
whose credentials are acceptable to the
State Department of Agriculture that the
soil class, soil rating or other soil
designation should be changed,_ and
3. Submits a statement from the State
Department of Apiculture that the
Director of Agriculture or the director's
designee has reviewed the report
described in 2 above and finds the
analysis in the report to be soundly and
scientifically based.
L. A private campground may provide carts
for ovemi t camping. No more than
one-third or a maximum of 10 campsites,
whichever is smaller, may include ayurt.
The yurt shall be located on therg ound
or on a wood floor with no permanent
foundation. As used in this 12aragranh
"vert" means a round, domed shelter of
cloth or canvas on a collapsible frame
with no plumbing, sewage disposal hook-
up or internal cooking appliance.
M. A living history museum shall relate to
resource based activities and be owned
and operated by a governmental agency
or a local historical society, together with
limited commercial activities and
facilities that are directly related to the
use and enjovment of the museum and
located within authentic buildings of the
depicted historic period or the museum
administration building, if areas other
than an exclusive farm use zone cannot
accommodate the museum and related
activities or if the museum administration
buildings and parking lot are located
within one-quarter mile of an urban
growth boudary. As used in this
Chapter 18.16 9 (04/2002)
DRAFT CHANGES — MAY 10, 2004
Exhibit
Page 0/ of
paragraph, a "living history museum"
acres in the Horse Ridge East
means a facilily designed to depict and
subzone;
interpret everyday life and culture of
ii. The subject tract is currently
some specific historic period using
employed for farm use, as
authentic buildings, tools, equipment and
defined in DCC 18.04.040, and
people to simulate past activities and
which is evidenced by a farm
events, and "local historical society"
management plan;
means the local historic society
iii. The dwelling will be occupied
recognized zed by the County and organized
by a person or persons who will
under ORS Chapter 65.
be principally engaged in the
(Ord. 98-030 § 1, 1998; Ord. 95-075 § 1, 1995;
farm use of the land, such as
Ord. 95-007 § 14, 1995; Ord. 92-065 § 3, 1992;
planting, harvesting, marketing
Ord. 91-038 § 1 and 2, 1991; Ord. 91-020 § 1,
or caring for livestock, at a
1991; Ord. 91-011 § 1, 199 1)
commercial scale;
iv. There is no other dwelling on the
18.16.050. Standards for dwellings in the
subject tract, except as allowed
EFU zones.
under DCC 18.16.020(K) and
Dwellings listed in DCC 18.16.030 may be
v. The dwelling will be located on
allowed under the conditions set forth below for
the least productive part of the
each kind of dwelling, and all dwellings are
parcel.
subject to the landowner for the propea upon
2. Median acreage/gross sales test.
which the dwelling is placed, signing and
a. On land not identified as high-value
recording in the deed records for the County, a
farmland, a dwelling, including a
document binding the landowner, and the
manufactured home in accordance
landowner's successors in interest, prohibiting
with DCC 18.116.070, is considered
them from pursuing a claim for relief or cause of
to be customarily provided in
action alleging injury from farming or forest
conjunction with farm use if:
practices for which no action or claim is allowed
i. The subject tract is at least as
under ORS 30.396 or 30.397.
large as the median size of those
A. Farm -related dwellings on nonhigh value
commercial farm or ranch tracts
farmland. A dwelling customarily provided
capable of generating at least
in conjunction with farm use, as listed in
$10,000 in annual gross sales
DCC 18.16.030(A), may be approved if it
that are located within a study
satisfies any of the alternative tests set forth
area that includes all tracts
below:
wholly or partially within one
1. Acreage test.
mile of the perimeter of the
a. On land not identified as high-value
subject tract;ii.
farmland, a dwelling,. including a
The subject tract is capable of
manufactured home in accordance
producing at least the median
with DCC 18.116.070, is considered
level of annual gross sales of
to be customarily provided in
County indicator crops as the
conjunction with farm use if:
same commercial farm or ranch
i. The parcel on which the
tracts used to calculate the tract
dwelling will be located is at
size in DCC
least:
18.16.050(A)(2)(a)(i);
(a) One hundred sixty acres and
iii. The subject tract is currently
not in the Horse Ridge East
employed for farm use, as
subzone; or
defined in DCC 18.04.030. and
(b) Three hundred twenty
which is evidenced by a farm
management plan, at a level
Chapter 18.16 10 (04/2002)
DRAFT CHANGES — MAY 10, 2004
Exhibit
Page /0 of
capable of producing the annual
gross sales required in DCC
18.16.050(A)(2)(a)(ii). If no
farm use has been established at
the time of application, land use
approval shall be subject to a
condition that no building permit
may be issued prior to
establishment of the farm use
capable of meeting the median
income test.
(See OAR 660-033-0135(2)(g))
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, except as allowed
under DCC 18.16.020(x); and
vi. The dwelling will be located on
the least productive part of the
parcel-; and
vii. 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.
(See OAR 660-033-0135(2)(f))
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
Chapter 18.16
DRAFT CHANGES – MAY 10, 2004
years or three of the last five
years.
ii. There is no other dwelling on the
subject tract, except as allowed
under 18.16.020(x):
(See OAR 660-033-0135(5)(b))
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.
c. Only gross income from land owned,
not leased or rented, shall be
counted, and gross farm income
earned from a lot or parcel which has
been used previously to qualify
another lot or parcel for the
construction or siting of a primary
farm dwelling may not be used.
d. Prior to a dwelling being approved
under this section that requires one
or more contiguous lots or parcels of
a farm or ranch operation to comRly
with the gross farm income
requirements, the applicant shall
provide evidence that the covenants,
conditions and restrictions form
attached to Chapter 18.16, has been
recorded with the county clerk. The
covenants, conditions and
restrictions shall be recorded for each
lot or parcel subject to the
application for primary farm
dwelling and shall preclude:
1. All future rights to construct a
dwelling except for accessory
farm dwellings, relative farm
help dwellings, temporary
hardship dwellings or
replacement dwellings, and
2. The use of any Voss farm
income earned on the lots or
parcels to qualify another lot or
11 (04/2002)
Exhibit
Page —L_ of
parcel for a primary farm
dwelling.
(See OAR 660-033-0135(5)(8)(and 9))
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 lot or parcel #aet is currently
employed for the farm use as defined in
DCC 18.04.030 that produced at least
$80,000 in gross annual
income from the sale of farm products in
the last two years or three of the last five
years, and the lot or parcel on which the
dwelling is proposed is at least the size of
the minimum lot or parcel size in the
subzone. 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, except as allowed under
18.16.020(x);
(See OAR 660-033-0135(2)(e))
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.
5. Only gross income from land owned, not
leased or rented, shall be counted: and
gross farm income earned from a lot or
parcel which has been used previously to
qualify another lot or parcel for the
construction or siting of a priMM farm
dwelling may not be used. .
6. Prior to a dwelling being W12roved under
this section that requires one or more
contiguous lots or parcels of a farm or
ranch operation to comply with the Voss
farm income requirements, the applicant
shall provide evidence that the covenants,
conditions and restrictions form attached
to Chapter 18.16, has been recorded with
Chapter 18.16
DRAFT' CHANGES — MAY 10, 2004
the county clerk. The covenants,
conditions and restrictions shall be
recorded for each lot or parcel subject to
the application for primary farm dwelling
and shall preclude:
a. All future rights to construct a
dwelling except for accessory farm
dwellings, relative farm hejp
dwellings, temporary' hardship
dwellings or replacement dwelling
and
b. The use of any gross farm income
earned on the lots or parcels to
qualify another lot or parcel for a
primary farm dwelling..
(See OAR 660-033-0135(5))
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
seasonal or year-round assistance in
the management of the farm use,
such as planting, harvesting.
marketing or caring for livestock, 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
primary neipeA farm dwelling; or
ii. On the same tract as the priMM
rieipel farm dwelling when the
lot or parcel on which the
accessory farm 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
priMM nein farm dwelling is
not located, when the accessory
farm dwelling is limited to only a
manufactured home and a deed
12 (04/2002)
Exhibit A
Page _I Zi of ?�3
restriction substantially in
be deducted from the total gross
compliance with the form set
income attributed to the tract; or
forth in Exhibit A to DCC 18.16
b. On land identified as high-value
is filed with the County Clerk.
farmland, the primeeipe4 farm
The deed restriction shall require
dwelling is located on a farm or
the manufactured dwelling to be
ranch operation that is currently
removed when the lot or parcel is
employed for farm use, and produced
conveyed to another party. A
at least $80,000 (1394 —dells in
gross annual income from the sale of
farm products in the last two years or
18.16.090 fnery net be eeeopied
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
the f ffi • "` A 411 net be
3. A lot or parcel approved for an accessory
farm dwelling under DCC 18.16.050
The manufactured home may
shall not be approved for a division of
remain if it is reapproved under
land except as provided for in DCC
DCC 18.16.050;
18.16.055(B).
iv. On a lot or parcel on which the
4.. An accessory farm dwelling approved
primary farm dwelling is not
pursuant to this section cannot later be
located, when the accessory farm
used to satisfy the requirements for a
dwelling is located on a lot or
nonfarm dwelling_ pursuant to DCC
parcel at least the size of the
18.16.050(G).
applicable minimum lot size
(See OAR 660-033-0120(24))
under DCC 18.16.065 and the lot
D. Relative farm help dwelling.
or parcel complies with the gross
1. A dwelling listed in DCC 18.16.030(B) is
farm income requirements in
allowed when:
DCC 18.16.050(A)(3) or (B)(1).
a. The subject tract is at least 40 acres
whichever is applicable: and
in size, unless it is demonstrated to
c. There is no other dwelling on land
the Planning Director or Hearings
zoned EFU owned by the farm
Body that a smaller unit of land is a
operator that is vacant or currently
commercial agricultural enterprise.
occupied by persons not working on
b. The subject tract is used for farm
the subject farm or ranch and that
could reasonably be used as an
use;
c. The dwelling is a manufactured
accessory farm dwelling; and
home and is sited in accordance with
2. The primo � farm dwelling to
DCC 18.116.070, or is a pre-existing
which the proposed dwelling would be
site-built home that: (1) was
accessory meets one of the following:
established at least 30 years prior to
a. On land not identified as high-value
the date the conditional use permit
farmland, the primary ffeipal farm
was submitted and (2) is located on a
dwelling is located on a farm or
parcel of at least 40 acres in size and
ranch operation that is currently
that meets the minimum irrigated
employed in farm use and produced
acres standard for the subzone within
$32,500 in gross annual sales in the
which it is located;
last two years or three of the last five
d. The dwelling is located on the same
years. In determining gross income,
lot or parcel as the dwelling of the
the cost of purchased livestock shall
Chapter 18.16 13 (04/2002)
DRAFT' CHANGES — MAY 10, 2004
Exhibit /k
Page of Z,3
farm operator, and is occupied by a
relative of the farm operator or farm
operator's spouse, including a
grandparent, step -grandparent,
grandchild, parent, stere -parent, child,
brother, of sister, sibling, step_
sibling, niece, nephew, or first cousin
of either, of fiwm eper--ater-er-the
€affn-eperatsponse, whese if the
farm operator does, or will, require
the assistance of the relative in the
management of the ee er-eial farm
use i.-; AI: Will ho fegUired by the faFM
(See OAR 660-033-0130(24))
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.
f. Any approval granted under DCC
18.16.050 shall be conditioned with a
requirement that the farm operator
annually submit a report to the
Planning Division identifying the
resident(s) of the dwelling, their
relationship to the farm operator, the
assistance the resident provides to
the farm operator, and verifying the
farm operator's continued residence
on the property and the predominant
role the farm operator continues to
play in the management and farm use
of the farm.
2. A manufactured home permitted under
DCC 18.16.050 shall be considered to be
a temporary installation, and permits for
such home shall be renewable and
renewed on an annual basis. The
manufactured home shall be removed
from the property if it no longer meets .
the criteria of DCC 18.16.050 and the
approval shall be so conditioned.
3. A pre-existing dwelling approved under
DCC 18.16.050 shall be removed or
converted to an allowable use within one
year of the date the relative farm help
dwelling no longer meets the criteria of
DCC 18.16.050 and the approval shall be
so conditioned.
Chapter 18.16
DRAFT CHANGES — MAY 10, 2004
4. Upon approval of a dwelling under DCC
18.16.050, a Conditions of Approval
Agreement shall be recorded with the
Deschutes County Clerk prior to issuance
of any building or placement permit for
the new dwelling on the property.
5. For the purposes of DCC 18.16.050(D) 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 and owned
continuously by the present owner:
i. Prior to January 1, 1985; or
ii. By devise or by intestate
succession from a person who
acquired and owned
continuously 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 DCC 18.88.
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 DCC 18.16.050.
f. If the lot or parcel on which the
dwelliniz will be sited was part of a
tract on November 4. 1993, no
14 (04/2002)
Exhibit A
Page /If of Z-
dwelling exists on another lot or
parcel that was part of the tract:
2. For purposes of DCC 18.16.050(E),
"owner" includes the wife, husband, son,
daughter, mother, father, brother,
brother-in-law, sister, sister-in-law, Bon-
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 a
combination of these family members.
3. For purposes of DCC 18.16.050(E), the
date of creation and existence means that,
when a lot, parcel or tract is reconfigured
pursuant to applicable law after
November 4, 1993, the effect of which is
to qualify a lot, parcel or tract for the
siting of a lot of record dwelling, the date
of the reconfiguration is the date of
creation and existence. Reconfigured
means any change in the boundya of the
lot, parcel or tract.
(See OAR 660-033-0130(3))
F. Lot of record dwelling on high-value
farmland.
1. A lot of record dwelling will be approved
on Thigh value farmland when all of
the following requirements are met:
a. The requirements set forth in DCC
18.16.050(E)(1)(a) through (fe), as
determined by the County; and
b. The requirements of Oregon
Administrative Rules 660-33-
130(3)(c)(C), as determined by a the
Coun hearings officer e€Ake-fie
2. Applicants under DCC 18.16.050(F)
shall make their application to the
County. The County shall giveits
applieftfieff MFIdiq under- PC GO
notify the State
Department of Agriculture at least 20
calendar days prior to the public €ef
hearing under DCC 18.16.050(F)(1)(b).
3. Applicants under DCC 18.16.050(F)
shall be subject to such other procedural
requirements as are imposed by the
Oregon Department of Agriculture.
4. For nurooses of DCC 18.16.050(F), the
date of creation and existence means that,
when a lot, parcel or tract is reconfigured
pursuant to applicable law after
November 4, 1993, the effect of which is
to qualify a lot, parcel or tract for the
siting of a lot of record dwelling, the date
of the reconfiguration is the date of
creation and existence. Reconfigured
means anv change in the boundary of the
lot, parcel or tract.
G. Nonfarm dwelling.
1. One single-family dwelling,
including a manufactured home in
accordance with DCC 181116.070,
not provided in conjunction with
farm use may be permitted on an
existing lot or parcel subject to the
following criteria:
a. The Planning Director or Hearings
Body shall make findings that:
i. The dwelling or activities
associated with the dwelling will
not force a significant change in
or significantly increase the cost
of accepted farming practices, as
defined in ORS 215.203(2)(c), or
accepted forest practices on
nearby lands devoted to farm or
forest use.
ii. The proposed nonfarm dwelling
will deer 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, by applying
the standards under OAR 660-
033-0130(4)(a)(D), and whether
creation of the parcel will lead to
creation of other nonfarm
Chapter 18.16 15 (04/2002)
DRAFT' CHANGES — MAY 10, 2004
Exhibit
Page 1S' of Z3
parcels, to the detriment of
agriculture in the area.
iii. The proposed nonfarm dwelling
is situated on an existing lot or
parcel, or a portion of a lot or
parcel, that is generally
unsuitable for. the production of
farm crops and livestock or
merchantable tree species,
considering the terrain, adverse
soil or land conditions, drainage
and flooding, vegetation,
location and size of the tract.
iv. The proposed nonfarm dwelling
is not within one-quarter mile of
a dairy farm, feed lot; or sales
yard, ,
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.
Road access, fire and police
services and utility systems (i.e.,
electrical and telephone) are
adequate for the use.
2. For the purposes of DCC 18.16.050(G)
only, "unsuitability" shall be determined
with reference to the following:
a. A lot or parcel or a portion of 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,
Chapter 18.16
DRAFT CHANGES — MAY 10, 2004
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
INI 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 itis too small to be managed
for forest production profitably by
itself.
c. If a lot or parcel under forest
assessment can be sold, leased,
rented or otherwise managed as a
part of a forestry operation, it is not
"generally unsuitable." If a lot or
parcel is under forest assessment, it
is presumed suitable if it is composed
predominantly of soil capable of
producing 20 cubic feet of wood
fiber per acre per year. If a lot or
parcel is under forest assessment, to
be found compatible and not
seriously interfere with forest uses on
surrounding land it must not force a
significant change in forest practices
or significantly increase the cost of
those practices on the surrounding
land.
3. Loss of tax deferral. Except as provided
in DCC 18.16.050(n(2), pursuant to ORS
215.236, a nonfarm dwelling on a lot or
parcel in an Exclusive Fane 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
16 (04/2002)
Exhibit
Page of
office that the parcel upon which the
dwelling is proposed has been
disqualified under ORS 308A.113 or
ORS 308A.116 for special assessment at
value for farm use under ORS 308A.062
or other special assessment under ORS
308A.068, 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.
H. Temporary hardship dwelling.
1. A dwelling listed in DCC 18.16.030(F) is
allowed under the following conditions:
a. The dwelling is a manufactured
home or recreational vehicle, and is
used in conjunction with an existing
dwelling on the lot or parcel;
b. The manufactured home or
recreational vehicle would be
temporarily sited on the lot or parcel
only for the term of a hardship
suffered by the existing resident or
relative of the resident. The
manufactured dwelling shall be
removed or demolished within three
months of the date the hardship no
longer exists. The recreational
vehicle shall not be occupied once
the term of the medical hardship is
completed, except as allowed under
DCC 18.116.095. A temporary
residence approved under this
section is not eligible for
replacement under DCC
18.16.030(F);
(See ORS 215.283(2)0))
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.
e. If a recreational vehicle is used as a
medical hardship dwelling, it shall be
reauired to have a bathroom, and
shall meet the minimum setbacks
established under DCC 18.16.070.
2. Permits granted under DCC
18.16.050(I1) 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.
I. 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 II,
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(1) shall also
apply. Unless prior to approval of a
conditional use permit for a wildlife
conservation plan dwelling the applicant
Chapter 18.16 17 (04/2002)
DRAFT CHANGES — MAY 10, 2004
Exhibit A
Page of Z3
submits to the assessor certification
in size, one new nonfarm parcel may
demonstrating approval by Oregon
be created subject to the following:
Department of Fish and Wildlife of a
i. Parent parcel was lawfully
wildlife conservation and management
created prior to July 1, 2001;
plan and its implementation, the
ii. Remainder parcel shall meet the
conditional use permit shall contain a
minimum lot. size established
condition requiring that the applicant,
under 18.16.065;
prior to issuance of a building permit for
in. All standards established under
such dwelling, either 1) submit
18.16.050(G) for the dwelling
certification to the assessor from ODFW
shall be met;
demonstrating approval and
iv. No minimum lot size shall be
implementation of a wildlife
required for the nonfarm parcel.
conservation and management plan
v. The parcel for the nonfarm
qualifying under ORS 215.808 or 2) pay
dwelling is generally unsuitable
the tax penalties required by DCC
for the production of farm crops
18.16.050(Gx3).
and livestock or merchantable
tree species considering the
(See ORS 215.293 and OAR 660-033-0120(30))
terrain, adverse soil or land
(Ord. 98-033 § 1, 1998; Ord. 98-030 § 1, 1998;
conditions, drainage and
Ord. 95-007 § 15, 1995; Ord. 94-026 § 1, 1994;
flooding, vegetation, location
Ord. 92-065 § 3, 1992; Ord: 91-038 §§ 2 and 3,
and size of the tract. A parcel
.1991; Ord. 91-020 § 1, 1991)
may not be considered
unsuitable based solely on size
18.16.055. Land divisions.
or location if the parcel can
A. General. A division of land in the exclusive
reasonably be put to farm or
farm use zone shall be identified on the land
forest use in conjunction with
division application as either an irrigated land
other land.
b. If the parent parcel is greater than the
division, nonirrigated land division or a
minimum lot size established under
division for a use permitted by DCC
18.16.065, and is greater than or
18.16.030 other than a dwelling. An irrigated
equal to 80 acres in size, two new
land division is subject to subsection B
nonfarm parcels may be created
below; a nonirrigated land division is subject
subject to the following:
to subsection C below; and a land division for
i. Parent parcel was lawfully
a use other than a dwelling is subject to
created prior to July 1, 2001;
subsection D below.
ii. Remainder parcel shall meet the
B. Irrigated land division.
minimum lot size established
1. An irrigated land division shall be
under 18.16.065;
subject to the minimum lot size
iii. All standards established under
requirements of DCC 18.16.065,
18.16.050(G) for the dwellings
Subzones, and all applicable
shall be met;
requirements of DCC Title 17.
iv. No minimum lot size shall be
2. Partitions establishing parcels less than
required for the nonfarm parcel.
the EFU minimum lot size established
v. The parcels for the nonfarm
under DCC 18.16.065, may be permitted
dwellings are generally
to create new parcels for nonfarm
unsuitable for the production of
dwellings as follows:
farm crops and livestock or
a. If the parent parcel is greater than the
merchantable tree species
minimum lot size established under
considering the terrain, adverse
18.16.065, and is less than 80 acres
soil or land conditions, drainage
Chapter 18.16 18 (04/2002)
DRAFT CHANGES — MAY 10, 2004
Exhibit A -
Page /7 of
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 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. Nonirrigated land 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:
a. If the parent parcel is greater 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
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.
Chapter 18.16
DRAFT CHANGES — MAY 10, 2004
vi. Be located outside of the Horse
Ridge East subzone.
b. If the parent parcel is greater than or
equal to 40 acres and less than or
equal to 80 acres, one new nonfarm
parcel is allowed subject to the
following:
i. Parent parcel was lawfully
created prior to July 1, 2001;
ii. Parcels are not capable of
producing more than 20 cubic
feet per acre per year of wood
fiber;
iii. Parcels are composed of at least
90 percent Class VII and VIII
soils, or are composed of at least
90 percent Class VI through VIII
soils and are not capable of
producing adequate herbaceous
forage for grazing livestock;
iv. Parcels shall not have established
water rights for irrigation;
v. All standards established under
18.16.050(G) for the dwellings shall
be met
vi. 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
vii. The minimum lot size is 5 acres;
viii. Be located outside of the Horse
Ridge East subzone.
c. Partitions in the Wildlife Area
Combining Zones must meet the
minimum lot sizes established under
DCC 18.88.050.
D. A division of land for a use listed under
18.16.030 other than a dwelling. Such
divisions shall be subject to the minimum lot
19 (04/2002)
Exhibit
Page .. 4-1_ of z3
size requirements of DCC 18.16.060(C) and
the applicable partitioning standards,
including the general partition standards set
forth in DCC 17.22, the Subdivision and
Partition Ordinance.
(Ord. 2002-016 § 1, 2002; Ord. 2001-016 § 2,
2001; 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 divisions of
irrigated parcels created subject to DCC Title
17 shall , be as specified under DCC
18.16.065, "Subzones."
B. The minimum parcel size for nonirrigated
land divisions is as specified under DCC
18.16.055(C).
C. The minimum lot area for all uses permitted
by DCC 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 ORS 215, DCC Title 18 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 DCC
18.120.040.
(Ord. 2002-016 § 1, 2002; Ord. 2001-016 § 2,
2001; Ord. 95-007 § 17, 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, 199 1)
18.16.065. Subzones.
A. Lower Bridge.
A proposed farm division must result in
parcels that demonstrate the following
characteristics or capabilities:
One hundred thirty acres of irrigated land.
B. Sisters/Cloverdale.
A proposed farm division must result in
parcels that demonstrate the following
characteristics or capabilities:
Chapter 18.16
DRAFT CHANGES — MAY 10, 2004
Sixty-three acres of irrigated land.
C. Terrebonne.
A proposed farm division must result in
parcels that demonstrate the following
characteristics or capabilities:
Thirty-five acres of irrigated land.
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.
E. Alfalfa.
A proposed farm division must result in
parcels that demonstrate the following
characteristics or capabilities:
Thirty-six irrigated acres.
F. La Pine.
A proposed farm division must result in
parcels that demonstrate the following
characteristics or capabilities:
Thirty-seven acres of irrigated land.
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
20 (04/2002)
Exhibit
Page _ -T& of ��
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 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. 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. 94-008 § 16, 1994; Ord. 93-004 § 3, 1993;
Ord. 92-065 § 3, 1992; Ord. 91-03.8 §§ 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.
Chapter 18.16 21 (04/2002)
DRAFT CHANGES — MAY 10, 2004
Exhibit of
Page Ali
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 DCC
18.16.070, setbacks from rimrock shall be as
provided in DCC 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. 95-043 §§ 1 and 2, 1995;
Ord. 94-052 § 1, 1994; Ord. 93-014 § 1, 1993; Ord. 92-064 §
1, 1992)
Chapter 18.16 22 (04/2002)
DRAFT CHANGES — MAY 10, 2004
Exhibit A
Page 9. of 33
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)
Chapter 18.16 23 (04/2002)
DRAFT CHANGES — MAY 10, 2004
Exhibit
Page 9,3 of 7�3