2004-1000-Ordinance No. 2004-001 Recorded 7/15/2004REVIEWED
LEGAL COUNSEL
REVIEWED
CODE REVIEW COMMITTEE
DESCHUTES
NANCY BLANKENSHIP,FDS COUNTY CLERKCJ 1004'1000
COMMISSIONERS' JOURNAL075 10MM 05'10'11 PM
11111111111111111111111111111111
2004-1000
11 ,
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18 of the
Deschutes County Code, the County Zoning
Ordinance, -to Update the Exclusive Farm Use
Zones, and Title 22 of the Deschutes County
Code, the Deschutes County Development
Procedures Ordinance, to Reflect Changes in State
Law, and Declaring an Emergency.
* ORDINANCE NO. 2004-001
WHEREAS, since 1993, the Oregon State Legislature and the Oregon Land Conservation and
Development Commission (LCDC) have created new and amended several laws and administrative rules
governing lands designated for farm use; and
WHEREAS, pursuant to ORS Chapter 215, Deschutes County must implement land use regulations for
areas zoned for farm use in accordance with state law; and
WHEREAS, the Planning Commission and Board of County Commissioners held public hearings on the
proposed amendments to the Exclusive Farm Use Zones; and
WHEREAS, the Deschutes County Planning Commission recommended adoption of the amendments
before the Board; now; and
WHEREAS, the Board of County Commissioners finds that it is in the public interest to make the
County's land use regulations consistent with state law; therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1 AMENDMENT. DCC Chapter 18.04, Definitions, is amended to read for those definitions
described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in str-ikethr-euo.
Section 2 AMENDMENT. DCC Chapter 18.16, Exclusive Farm Use Zones, is amended to read as
described in Exhibit `B," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strikethr-augh.
PAGE 1 OF 2 - ORDINANCE NO. 2004-001 (07/14/04)
Section 3 AMENDMENT. DCC Chapter 18.128, Conditional Uses, is amended for section
18.128.360, Guest Ranches, to read as described in Exhibit "C," attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in s#dkethr-ettgh.
Section 4 AMENDMENT. DCC Chapter 22.36, Limitations on Approvals, is amended for section
22.36.010, Expiration of Approval, to read as described in Exhibit "D," attached hereto and by this reference
incorporated herein, with new language underlined.
Section 5. 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 , 2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
e;� "I et/�
MICHA L M. DALY, Cha' I
Date of 1St Reading: 36 day of u,4L- 2004.
Date of 2nd Reading: f 1 'day of Q , 2004.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly
Tom DeWolf
Dennis R. Luke
Effective date: day of , 2004.
ATTEST:
-+U(L0W6VL-1
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2004-001 (07/14/04)
"Campground" means an area devotedsig" to
fF overnight, temporary use for vacation,
recreational or emergency purposes, but not for
residential purposes and is established on a site or
is contiguous to lands with a park or other
outdoor amenity that is accessible for recreational
use by the occupants of the campground. It is
also where facilities are provided to
accommodate camping for two or more tents,
trarvel trailers, carts or recreational vehicles. A
campground shall not include campsite utility
hook-ups, intensely developed recreational uses
such as swimming pools or tennis courts or
commercial activities such as retail stores or gas
stations. A private campground mgy provide
yurts for ovemight camping. The yurt shall be
located on the ground or on a wood floor with no
permanent foundation. No more than one-third or
a maximum of 10 campsites, whichever is
smaller, may include a yurt. Overnight temporary
use in the same campground by a camper or
camper's vehicle shall not exceed a total of 30
days during any consecutive 6 monthep riod.
"Farm use" means the current employment of the
land for the primary purpose of obtaining a profit
in money by raising, harvesting and selling crops
or by the feeding, breeding, management and sale
of, or the produce of, livestock, poultry, fur -
bearing animals or honeybees or for dairying and
the sale of dairy products or any other agricultural
or horticultural use or animal husbandry or any
combination thereof. "Farm use" includes the
preparation, a*d storage and disposal by
marketing or otherwise of the products or bv-
roducts raised on such land for human or animal
use .
"Farm Use" also includes the current employment
of the land for the primary purpose of obtaining a
profit in money by stabling or training equines,
including but not limited to, providing riding
lessons, training clinics and schooling shows.
"Farm use" also includes the propagation,
cultivation, maintenance and harvesting of
aquatic species and bird and animal species to the
extent allowed by the rules adopted by the State
Fish and Wildlife Commission. "Farm use"
includes the on-site construction and maintenance
of equipment and facilities used for the activities
described above. "Farm use" does not include
the use of land subject to the provisions of ORS
chapter 321, except land used exclusively for
growing cultured Christmas trees as defined in
ORS 215.203(3). Current employment of the
land for farm use also includes those uses listed
under ORS 215.203(2)(b).
"High-value farmland" means land in a tract
composed predominantly of the following soils
when they are irrigated: Agency loam (2A and
213), Agency sandy loam (IA), Agency -Madras
complex (313), Buckbert sandy loam (23A),
Clinefalls sandy loam (26A), Clovkamp loamy
sand (27A and 28A), Deschutes sandy loam
(31A, 31B and 32A), Deschutes-Houstake
complex (3313), Deskamp loamy sand (36A and
3613), Deskamp sandy loam (37B), Era sandy
loam (44B and 45A), Houstake sandy loam (65A,
66A and 67A), Iris silt loam (68A), Lafollette
sandy loam (71A and 7113), Madras loam (87A
and 8713), Madras sandy loam (86A and 8613),
Plainview sandy loam (98A and 9813), Redmond
sandy loam (104A), Tetherow sandy loam (150A
and 15013) and Tumalo sandy loam (152A and
15213). In addition to the above described land,
high-value farmland includes tracts growing
specified perennials as demonstrated by the most
recent aerial photography of the Agricultural
Stablization and Conservation Service of the
United States Department of Agriculture taken
prior to November 4, 1993. For purposes of this
definition, "specified perennials" means
perennials grown for market or research purposes
including, but not limited to, nursery stock,
berries, fruits, nuts, Christmas trees or viney rds
but not including seed crops, hay, pasture or
alfalfa.
"Irrigated." As used in DCC 18.16, irrigated
means watered by an artificial or controlled
means, such as sprinklers, furrows, ditches or
spreader dikes. An area or tract is "irrigated" if it
is currently watered, or has established rights to
use water for irrigation from a water or irrigation
district or other provider. For the purposes of
identifying high-value farmland, an area or tract
within a water or irrigation district that was once
irrigated shall continue to be considered
"irrigated" even if the irrigation water was
removed or transferred to another tract.
PAGE 1 of 2 — EXHIBIT "A" TO ORDINANCE NO. 2004-001 (07/14/04)
"Manufactured home" shall have the meaning as
set forth in ORS 446.003(26)
,
does not inehide ", building or- stmetur-e subjeet
"Yurt" means a round, domed shelter of cloth or
canvas on a collapsible frame with no plumbing,
sewage disposal hook-up or internal cooking
appliance."
(Ord. 2004-001 § 1, 2004; Ord. 2003-028 § 1,
2003; Ord. 2001-048 § 1, 2001; Ord. 2001-044 §
2, 2001; Ord. 2001-037 § 1, 2001; Ord. 2001-033
§ 2, 2001; Ord. 97-078 § 5, 1997; Ord. 97-017 §
1, 1997; Ord. 97-003 § 1, 1997; Ord. 96-082 § 1,
1996; Ord. 96-003 § 2, 1996; Ord. 95-077 § 2,
1995; Ord. 95-075 § 1, 1975; Ord. 95-007 § 1,
1995; Ord. 95-001 § 1, 1995; Ord. 94-053 § 1,
1994; Ord. 94-041 §§ 2 and 3, 1994; Ord. 94-038
§ 3, 1994; Ord. 94-008 §§ 1, 2, 3, 4, 5, 6, 7 and 8,
1994; Ord. 94-001 §§ 1, 2, and 3, 1994; Ord.
93-043 §§ 1, IA and 1B, 1993; Ord. 93-038 § 1,
1993; Ord. 93-005 §§ 1 and 2, 1993; Ord. 93-002
§§ 1, 2 and 3, 1993; Ord. 92-066 § 1, 1992; Ord.
92-065 §§ 1 and 2, 1992; Ord. 92-034 § 1, 1992;
Ord. 92-025 § 1, 1992; Ord. 92-004 §§ 1 and 2,
1992; Ord. 91-038 §§ 3 and 4, 1991; Ord. 91-020
§ 1, 1991; Ord. 91-005 § 1, 1991; Ord. 91-002 §
11, 1991; Ord. 90-014 § 2, 1990; Ord. 89-009 § 2,
1989; Ord. 89-004 § 1, 1989; Ord. 88-050 § 3,
1988; Ord. 88-030 § 3, 1988; Ord. 88-009 § 1,
1988; Ord. 87-015 § 1, 1987; Ord. 86-056 § 2,
1986; Ord. 86-054 § 1, 1986; Ord. 86-032 § 1,
1986; Ord. 86-018 § 1, 1986; Ord. 85-002 § 2,
1985; Ord. 84-023 § 1, 1984; Ord. 83-037 § 2,
1983; Ord. 83-033 § 1, 1983; Ord. 82-013 § 1,
1982)
PAGE 2 of 2 - EXHIBIT "A" TO ORDINANCE NO. 2004-001 (07/14/04)
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. 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. Operations for the eBxploration for minerals
as defined by ORS 517.7500.
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, including the placement
of utility facilities overhead and in the
subsurface of public roads and hi hwa s
alongpublic right of way, but 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 detours
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; aad
5. In the case of replacement, is removed,
demolished or converted to an allowable
use within three months of completion of
the replacement dwelling. A replacement
dwelling may be sited on any part of the
same lot or parcel, and shall comply ith
all applicable siting standards. If the
dwelling to be replaced is located on a
portion of the lot or parcel not zoned for
exclusive farm use, the applicant, as a
condition of approval, shall execute and
record in the deed records for the countv
PAGE 1 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
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-familX
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 3 0.93 6 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 215.808882.
M. Operation, maintenance, and piping of
existing irrigation systems operated by an
Irrigation District except as provided in DCC
18.120.050.
N. Utility 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 waL
2. Land immediately diacent to a public
right of way, provided 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,
agricultural 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
subject 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.
Q. Operations for the exploration for and
production of geothermal resources as
defined by ORS 522.005 and oil andag s as
defined by ORS 520.005, including the
placement and operation of compressors,
separators and other customary 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. 2004-001 § 2, 2004; 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,
1981)
PAGE 2 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
18.16.025. Uses permitted subject 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
dwellings).
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 chapter 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 boundary,
subject to the approval of an exception
pursuant to ORS 197.732 and OAR chapter
660 division 004, on nonhigh value farmland.
H. Expansion of an existing_ public or private
school on the same tract as the existing use,
including all buildings essential to the
operation of such a school.
I. Utility facilities necessary for public service,
including wetland waste treatmentsystems,
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.
(Ord. 2004-001 § 2, 2004)
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.
CE. Residential home or facility as defined in
DCC 18.04.030, in existing dwellings.
QR 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.
EG.A dwelling in conjunction with a wildlife
habitat conservation and management plan.
PAGE 3 of 23 — EXHIBIT "B" TO ORDINANCE NO. 2004-001 (07/14/04)
F14. Commercial activities that are i -s in
conjunction with farm use, but not including
the processing of farm crops as described in
DCC 18.16.020.
GJ. Operations conducted for:
1. EKplefatien,, Mining and processing of
geothermal resources as defined by ORS
522.005;
2. E?kplefatiex-a eK4rflstien Mining and
processing of natural gas or oil as defined
by ORS 520.005.
HK.Expansion of an existing private park,
playground, hunting and fishing preserve and
campground on the same tract as the existing
use.
K�,.Expansion of an existing pqblic park and
playground on the same tract as the existing
use, including only those uses specified under
OAR 660-034-0035 or 660-034-0040,
whichever is applicable
owned-- and —eper-eted by a Bove mental
ageney or- a- nonprofit eeffffnuaity
e�gan. ren. 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.
MN.Transmission towers over 200 feet in height.
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 landing strip 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.
R$. Storage, crushing and processing of minerals,
including the processing of aggregate into
asphaltic concrete or portland cement
concrete when such uses are in conjunction
with the maintenance or construction of
public roads or highways.
PAGE 4 of 23 - EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
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«etion
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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.
WIB.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
standards as set forth in OAR 660-012-0035
and 660-012-0065.
ZFT-. 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 livinghry museum.
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 fairerounds and
activities relating to coun1y fairgrounds
governed by fair boards established
pursuant to ORS 565.210.
(Ord. 2004-001 § 2, 2004; 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
PAGE 5 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
together with equipment, facilities or
buildings necessary for its operation.
C. Golf course and accessory golf course uses as
defined in DCC Title 18.
D. Except for those composting facilities that are
a farm use as defined in OAR 660-033-
0020(7), composting operations and facilities
for which a permit has been granted by the
Oregon Department of Environmental
Quality under ORS 459.245 and OAR 340-
96-020. Buildings and facilities used in
conjunction with the composting operation
shall only be those required for the operation
of the subject facility. On-site sales shall be
limited to bulk loads of at least one unit (7.5
cubic yards) in size that are transporated in
one vehicle.
E. Private parks, playgrounds, hunting and
fishing preserves and campgrounds.
(Ord. 2004-001 § 2, 2004; Ord. 95-007 § 12,
1995)
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 18.16.0324{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 utilily facility necessary for ublic 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
PAGE 6 of 23 — EXHIBIT "B" TO ORDINANCE NO. 2004-001 (07/14/04)
in an exclusive farm use zone due to one or
more of the following factors:
1. Technical and engineering feasibili
2.The proposed facilitv is locationall
dependent. A utility facilily 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
geogrgphical needs that cannot be
satisfied on other lands,
3. Lack of available urban and nonresource
lands;
4. Availability of existing ri is 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 utilijy 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 utilijy 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-
011-0060(1)(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
interstate gas pipelines and associated
facilities authorized by and subject to
regulation by the Federal Energy
Re ug latory 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:
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 grapes 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 wineryy, and
b. Items directiv 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.
PAGE 7 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
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 winery
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.
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 or
balloon that is used or intended to be
used for flight and is controlled by radio,
lines or design by a person on the gro2nd.
E. A facility for the processing 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 processingfacili 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
another building supporting 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 processing facility.
(Ord. 2004-001 § 2, 2004)
18.16.040. Limitations on conditional uses.
A. Conditional uses permitted by DCC
18.16.030(F) 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 i* outside
of Deschutes County
PAGE 8 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
DC.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 18.16.03 0(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 004.
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.
ED.No aircraft may be based on a personal -use
airport identified in DCC 18.16.0300
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 Aer-enatAies
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 Aefeies
Divisiefr.
PE. 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.
FBF. 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.
14G. 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., &ed and bev . , pro
shop, etc.) shall be located in the clubhouse
rather than in separate buildings. Accessory
uses may include one or more food and
beverage service facilities in addition to food
and beverage service facilities located in a
clubhouse. Food and beverage service
facilities must be part of and incidental to the
operation of the golf course and must be
limited in size and orientation on the site to
servie only the needs of persons who
patronize the golf course and their guests.
Accessory food and beverage service
facilities shall not be designed for or include
structures for banquets, public gatherings or
public entertainment.
1H. 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).
31. 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.
J. 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 property 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 Agriculture that the
Director of Agriculture or the director's
designee has reviewed the report
PAGE 9 of 23 — EXHIBIT "B" TO ORDINANCE NO. 2004-001 (07/14/04)
described in 2 above and finds the
analysis in the report to be soundly and
scientifically based.
K. Except on a lot or parcel contiguous to a
lake or reservoir, a private campground
shall not be allowed within three miles of
an urban growth boundary unless an
exception is approved pursuant to ORS
197.732 and OAR chapter 660, division
004. A private campground mayprovide
yurts for overnight camping. No more
than one-third or a maximum of 10
campsites, whichever is smaller, may
include a yurt. The yurt shall be located
on the ground or on a wood floor with no
permanent foundation. As used in this
paragraph, "yurt" means a round, domed
shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal
hook-up or internal cooking appliance.
L. 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 enjoyment 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
paragraph, a "living histoEy museum"
means a facility designed to depict and
interpret everyday life and culture of
some specific historic period using
authentic buildings, tools, equipment and
people to simulate past activities and
events; and "local historical society"
means the local historic society
recognized zed by the County and organized
under ORS Chapter 65.
(Ord. 2004-001 § 2, 2004; 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, and all dwellings are
subject to the landowner for the property upon
on
which the dwelling is placed, signing and
recording in the deed records for the County, a
document binding the landowner, and the
landowner's successors in interest, prohibiting
them fromup rsuing 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 30.396 or 30.397.
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
defined in DCC 18.04.040, and
which is evidenced by a farm
management plan;
iii. The dwelling will be occupied
by a person or persons who will
be principally engaged in the
farm use of the land, such as
PAGE 10 of 23 — EXHIBIT "B" TO ORDINANCE NO. 2004-001 (07/14/04)
2.
planting, harvesting, marketing
or caring for livestock, at a
commercial scale;
iv. There is no other dwelling on the
subject tract, except as allowed
under DCC 18.16.020(K);and
v. The dwelling will be located on
the least productive part of the
parcel.
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.
fi. 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)(i);
iii. The subject tract is currently
employed for farm use, as
defined in DCC 18.04.030, and
which is 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). 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.
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(K); aro
vi. The dwelling will be located on
the least productive part of the
parcel -.Land
vii. The dwelling will be occupied
by 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.
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, except as allowed
under 18.16.020(K);
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.
PAGE 11 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
b. In determining gross income, the cost
of purchased livestock shall be
deducted from the total gross income
attributed to the tract.
c. Noncontiguous lots or parcels zoned
for farm use in the same coup , or
contiguous counties may be used to
meet the gross income requirements.
d. 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 sitingrp imary
farm dwelling may not be used.
e. 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 comply
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 gross farm
income earned on the lots or
parcels to qualify another lot or
parcel for a primary farm
dwelling.
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 tfwt 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(K);
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. Noncontiguous lots or parcels zoned for
farm use in the same county or
contiguous counties may be used to meet
the gross income requirements;
6. 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 o
qualify another lot or parcel for the
construction or sitingofaprimary farm
dwelling may not be used.
7. 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 comply with the gross
farm income requirements, thea licant
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:
a. All future rights to construct a
dwelling except for accessory farm
dwellings, relative farm help
dwellings, temporary hardship
PAGE 12 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
dwellings or replacement dwellings,
18.16.050 may fiat be eeeopied
and
byper-senor- per-senswho will
b. The use of M gross farm income
not be pr-ineipally engaged in the
earned on the lots or parcels to
f ff e of the lana and *,�ese
qualify another lot or parcel for a
assistanee in the management e
primary farm dwelling,
the f Fm use is of o ill net be
C. Accessory dwelling. A dwelling, including a
manufactured home in accordance with DCC
The manufactured home may
18.116.070, is considered to be an accessory
remain if it is reapproved under
farm dwelling customarily provided in
DCC 18.16.050;
conjunction with farm use when:
iv. On a lot or parcel on which the
1. The accessory dwelling meets the
primary farm dwelling is not
following criteria:
located, when the accessor farm
arm
a. The accessory farm dwelling will be
dwelling is located on a lot or
occupied by a person or persons who
parcel at least the size of the
will be principally engaged in the
applicable minimum lot size
farm use of the land and whose
under DCC 18.16.065 and the lot
seasonal or year-round assistance in
or parcel complies with therg oss
the management of the farm use.,
farm income requirements in
such as planting, harvesting_
DCC 18.16.050(A)(3) or (B)(1),
marketing or caring livestock, is
whichever is applicable; andfor
or will be required by the farm
c. There is no other dwelling on land
operator; and
zoned EFU owned by the farm
b. The accessory farm dwelling will be
operator that is vacant or currently
located:
occupied by persons not working on
i. On the same lot or parcel as the
the subject farm or ranch and that
priMM *eipal farm dwelling; or
could reasonably be used as an
ii. On the same tract as the priMM
accessory farm dwelling; and
farm dwelling when the
2. The priMM neipe4 farm dwelling to
lot or parcel on which the
which the proposed dwelling would be
accessory farm dwelling will be
accessory meets one of the following:
sited is consolidated into a single
a. On land not identified as high-value
parcel with all other contiguous
farmland, the prim r ffeiW farm
lots and parcels in the tract; or
dwelling is located on a farm or
iii. On a lot or parcel on which the
ranch operation that is currently
priMM *6W farm dwelling is
employed in farm use and produced
not located, when the accessory
$32,500 in gross annual sales in the
farm dwelling is limited to only a
last two years or three of the last five
manufactured home and a deed
years. In determining gross income,
restriction substantially in
the cost of purchased livestock shall
compliance with the form set
be deducted from the total gross
forth in Exhibit A to DCC 18.16
income attributed to the tract; or
is filed with the County Clerk.
b. On land identified as high-value
The deed restriction shall require
farmland, the priMM neiW farm
the manufactured dwelling to be
dwelling is located on a farm or
removed when the lot or parcel is
ranch operation that is currently
conveyed to another party. At
employed for farm use, and produced
at least $80,000 (1994 delle&s` in
appreved—pur-stmt to PGC
gross annual income from the sale of
farm products in the last two years or
PAGE 13 of 23 – EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
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).
4. An accessory farm dwelling approved
pursuant to this section cannot later be
used to satisfy the requirements for a
nonfarm dwelling_ pursuant to DCC
18.16.050(G).
D. Relative farm help dwelling.
1. A dwelling listed in DCC 18.16.030(B) is
allowed when:
a. The subject tract is at least 40 acres
in size, unless it is demonstrated to
the Planning Director or Hearings
Body that a smaller unit of land is a
commercial agricultural enterprise.
b. The subject tract is used for farm
use;
c. The dwelling is a manufactured
home and is sited in accordance with
DCC 18.116.070, or is a pre-existing
site -built home that: (1) was
established at least 30 years prior to
the date the conditional use permit
was submitted and (2) is located on a
parcel of at least 40 acres in size and
that meets the minimum irrigated
acres standard for the subzone within
which it is located;
d. The dwelling is located on the same
lot or parcel as the dwelling of the
farm operator, and is occupied by a
relative of the farm operator or farm
operator's spouse, including_a
grandparent, sten-grandparent,
grandchild, parent, step-parent, child,
brother, of sister, sibling, step -
sibling, niece, nephew, or first cousin
of either, of the eperater-or- the
€afrx-aper-e4e0s spouse, vkese if the
farm operator does, or will, require
the assistance of the relative in the
management of the eexAneFeia} farm
use is or- will be f:equiredu,.��- ;e fam
opeffite •
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.
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.
PAGE 14 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
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
dwelling will be sited was part of a
tract on November 4, 1993, no
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. Reconfiaured
means anv chance in the boundary of the
lot, parcel or tract.
F. Lot of record dwelling on high-value
farmland.
1. A lot of record dwelling will be approved
on ffeahigh 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 of *vr-ate
2. Applicants under DCC 18.16.050(F)
shall make their application to the
County. The County shall giveits
seaditieaal appreyal under DCz
18.16.050(F)(1)(a) before f4war-ding an.
applieatfena aade� DCS
18.16.05to notify the State
Department of Agriculture at least 20
calendar da s 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 purposes 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 anchange in the boundary of the
lot, parcel or tract.
G. Nonfarm dwelling.
PAGE 15 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
I
a.
One single-family dwelling,
yard, ,
including a manufactured home in
, unless
accordance with DCC 18.116.070,
adequate provisions are made
not provided in conjunction with
and approved by the Planning
farm use may be permitted on an
Director or Hearings Body for a
existing lot or parcel subject to the
buffer between such uses. The
following criteria:
establishment of a buffer shall be
The Planning Director or Hearings
designed based upon
Body shall make findings that:
consideration of such factors as
i. The dwelling or activities
prevailing winds, drainage,
associated with the dwelling will
expansion potential of affected
not force a significant change in
agricultural uses, open space and
or significantly increase the cost
any other factor that may affect
of accepted farming practices, as
the livability of the nonfarm
defined in ORS 215.203(2)(c), or
dwelling or the agriculture of the
accepted forest practices on
area.
nearby lands devoted to farm or
Road access, fire and police
forest use.
services and utility systems (i.e.,
ii. The proposed nonfarm dwelling
electrical and telephone) are
will deer not materially alter the
adequate for the use.
stability of the overall land use
2. For the purposes of DCC 18.16.050(G)
pattern of the area. In
only, "unsuitability" shall be determined
determining whether a proposed
with reference to the following:
nonfarm dwelling will alter the
a. A lot or parcel or a portion of a lot or
stability of the land use patternap
rcel shall not be considered
in the area, the County shall
unsuitable solely because of size or
consider the cumulative impact
location if it can reasonably be put to
of nonfarm dwellings on other
farm or forest use in conjunction
lots or parcels in the area
with other land. If the parcel is
similarly situated, by pplying
under forest assessment, the dwelling
the standards under OAR 660-
shall be situated upon generally
033-0130(4,)(aa)(_D), and whether
unsuitable land for the production of
creation of the parcel will lead to
merchantable tree species recognized
creation of other nonfarm
by the Forest Practices Rules,
parcels, to the detriment of
considering the terrain, adverse soil
agriculture in the area.
or land conditions, drainage and
iii. The proposed nonfarm dwelling
flooding, vegetation, location and
is situated on an existing lot or
size of the parcel.
parcel, or a portion of a lot or
b. A lot or parcel or portion of a lot or
parcel, that is generally
pg cel is not "generally unsuitable"
unsuitable for the production of
Simply because it is too small to be
farm crops and livestock or
farmed profitably by itself. If a lot or
merchantable tree species,
parcel or portion of a lot orap rcel
considering the terrain, adverse
can be sold, leased, rented or
soil or land conditions, drainage
otherwise managed as part of a
and flooding, vegetation,
commercial farm or ranch, it is not
location and size of the tract.
"generally unsuitable". A lot or
iv. The proposed nonfarm dwelling
parcel or portion of a lot or parcel is
is not within one-quarter mile of
presumed to be suitable if it is
a dairy farm, feed lot; or sales
composed predominantly of Class
PAGE 16 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
I -VI soils. Just because a lot or
parcel or portion of a lot or parcel is
unsuitable for one farm use does not
mean it is not suitable for another
farm use. If the parcel is under forest
assessment, the area is not "generally
unsuitable" simply because it is too
small to be managed for forest
production profitably by itself.
c. If a lot or parcel under forest
assessment can be sold, leased,
rented or otherwise managed as a
part of a forestry operation, it is not
"generally unsuitable." If a lot or
parcel is under forest assessment, it
is presumed suitable if it is composed
predominantly of soil capable of
producing 20 cubic feet of wood
fiber per acre per year. If a lot or
parcel is under forest assessment, to
be found compatible and not
seriously interfere with forest uses on
surrounding land it must not force a
significant change in forest practices
or significantly increase the cost of
those practices on the surrounding
land.
3. Loss of tax deferral. Except as provided
in DCC 18.16.050(I)(2), pursuant to ORS
215.236, a nonfarm dwelling on a lot or
parcel in an Exclusive Farm Use zone
that is or has been receiving special
assessment may be approved only on the
condition that before a building permit is
issued the applicant must produce
evidence from the County Assessor's
office that the parcel upon which the
dwelling is proposed has been
disqualified 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);
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
required to have a bathroom, and
shall meet the minimum setbacks
established under DCC 18.16.070.
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
PAGE 17 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
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 11,
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. 2004-001 § 2, 2004; 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
division, nonirrigated land division or a
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 dwelling is subject to
subsection D below.
B. Irrigated land division.
1. An irrigated land division shall be
subject to the minimum lot size
requirements of DCC 18.16.065,
Subzones, 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, may be permitted
to create new parcels for nonfarm
dwellings 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 is generally unsuitable
PAGE 18 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
for the production of farm crops
C. Nonirrigated land division.
and livestock or merchantable
1. The minimum lot size for a nonirrigated
tree species considering the
land division is 80 acres.
terrain, adverse soil or land
2. Notwithstanding 1 above, land divisions
conditions, drainage and
creating nonfarm parcels less than the
flooding, vegetation, location
minimum lot size may be allowed as
and size of the tract. A parcel
follows:
may not be considered
a. If the parent parcel is greater than 80
unsuitable based solely on size
acres in size, up to two new nonfarm
or location if the parcel can
parcels may be allowed subject to the
reasonably be put to farm or
following:
forest use in conjunction with
i. Parent parcel was lawfully
other land.
created prior to July 1, 2001;
b. If the parent parcel is greater than the
ii. Remainder parcel shall be at
minimum lot size established under
least 80 acres in size;
18.16.065, and is greater than or
iii. All standards established under
equal to 80 acres in size, two new
18.16.050(G) for the dwellings
nonfarm parcels may be created
shall be met;
subject to the following:
iv. The minimum lot size for the
i. Parent parcel was lawfully
nonfarm parcels is 5 acres.
created prior to July 1, 2001;
v. The parcels for the nonfarm
ii. Remainder parcel shall meet the
dwellings are generally
minimum lot size established
unsuitable for the production of
under 18.16.065;
farm crops and livestock or
iii. All standards established under
merchantable tree species
18.16.050(G) for the dwellings
considering the terrain, adverse
shall be met;
soil or land conditions, drainage
iv. No minimum lot size shall be
or flooding, vegetation, location
required for the nonfarm parcel.
and size of the tract. A parcel
v. The parcels for the nonfarm
may not be considered
dwellings are generally
unsuitable based solely on size
unsuitable for the production of
or location if the parcel can
farm crops and livestock or
reasonably be put to farm or
merchantable tree species
forest use in conjunction with
considering the terrain, adverse
other land.
soil or land conditions, drainage
vi. Be located outside of the Horse
or flooding, vegetation, location
Ridge East subzone.
and size of the tract. A parcel
may not be considered
b. If the parent parcel is greater than or
unsuitable based solely on size
equal to 40 acres and less than or
or location if the parcel can
equal to 80 acres, one new nonfarm
reasonably be put to farm or
parcel is allowed subject to the
forest use in conjunction with
following:
other land.
i. Parent parcel was lawfully
3. The minimum size for new parcels does
created prior to July 1, 2001;
not mean that farm dwellings may be
ii. Parcels are not capable of
approved on the new parcels. New
producing more than 20 cubic
dwellings in conjunction with farm use
feet per acre per year of wood
must satisfy the criteria in DCC
fiber;
18.16.050.
PAGE 19 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
iii. Parcels are composed of at least
17 shall be as specified under DCC
90 percent Class VII and VIII
18.16.065, "Subzones."
soils, or are composed of at least
90 percent Class VI through VIII
B. The minimum parcel size for nonirrigated
soils and are not capable of
land divisions is as specified under DCC
producing adequate herbaceous
18.16.055(C).
forage for grazing livestock;
C. The minimum lot area for all uses permitted
iv. Parcels shall not have established
by DCC 18.16.030(G) through (CC) shall be
water rights for irrigation;
that determined by the Planning Director or
v. All standards established under
Hearings Body to carry out the intent and
18.16.050(G) for the dwellin sg shall
purposes of ORS 215, DCC Title 18 and the
be met;
Comprehensive Plan. In no case shall lot
vi. The parcels for the nonfarm
areas be less than one acre.
dwellings are generally unsuitable
D. Each lot shall have a minimum street frontage
for the production of farm crops and
of 50 feet.
livestock or merchantable tree
species considering the terrain,
E. Building height. No building or structure
adverse soil or land conditions,
shall be erected or enlarged to exceed 30 feet
drainage or flooding, vegetation,
in height, except as allowed under DCC
location and size of the tract. A
18.120.040.
parcel may not be considered
(Ord. 2002-016 § 1, 2002; Ord. 2001-016 § 2,
unsuitable based solely on size or
2001; Ord. 95-007 § 17, 1995; Ord. 93-043 § 3,
location if the parcel can reasonably
1993; Ord. 93-004 § 1, 1993; Ord. 92-065 § 3,
be put to farm or forest use in
1992; Ord. 92-055 § 1, 1992; Ord. 91-038 §§ 1
conjunction with other land
and 2, 1991; Ord. 91-020 § 1, 199 1)
vii. The minimum lot size is 5 acres;
viii. Be located outside of the Horse
18.16.065. Subzones.
Ridge East subzone.
A. Lower Bridge.
c. Partitions in the Wildlife Area
A proposed farm division must result in
Combining Zones must meet the
parcels that demonstrate the following
minimum lot sizes established under
characteristics or capabilities:
DCC 18.88.050.
One hundred thirty acres of irrigated land.
D. A division of land for a use listed under
18.16.030 other than a dwelling. Such
B. Sisters/Cloverdale.
divisions shall be subject to the minimum lot
A proposed farm division must result in
size requirements of DCC 18.16.060(C) and
parcels that demonstrate the following
the applicable partitioning standards,
characteristics or capabilities:
including the general partition standards set
Sixty-three acres of irrigated land.
forth in DCC 17.22, the Subdivision and
Partition Ordinance.
C. Terrebonne.
(Ord. 2004-001 § 2, 2004; Ord. 2002-016 § 1,
A proposed farm division must result in
2002; Ord. 2001-016 § 2, 2001; Ord. 95-007 § 16,
parcels that demonstrate the following
1995; Ord. 94-026 § 2, 1994; Ord. 92-065 § 3,
characteristics or capabilities:
1992)
Thirty-five acres of irrigated land.
18.16.060. Dimensional standards.
D. Tumalo/Redmond/Bend.
A proposed farm division must result in
A. The minimum parcel size for divisions of
parcels that demonstrate the following
irrigated parcels created subject to DCC Title
characteristics or capabilities:
PAGE 20 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
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
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.
fa. 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
PAGE 21 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
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. 91-038 §§ 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. 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)
PAGE 22 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
Exhibit A
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Whereas the undersigned
owner in fee simple of the property
incorporated herein (the property); and
hereinafter referred to as "Declarant," is
described in Exhibit A attached hereto and by this reference
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 23 of 23 — EXHIBIT `B" TO ORDINANCE NO. 2004-001 (07/14/04)
18.128.360. Guest ranch.
A guest ranch established under DCC 18.128.360
shall meet the following conditions:
A. Except as provided in DCC 18.128.360(C),
the lodge, bunkhouses or cottages
cumulatively shall:
1. Include not less than four nor more than
10 overnight guest rooms exclusive of
kitchen areas, rest rooms, storage and
other shared indoor facilities, and;
2. Not exceed a total of 12,000 square feet
in floor area.
B. The guest ranch shall be located on a lawfully
created parcel that is:
1. At least 160 acres in size;
2. The majority of the lot or parcel is not
within 10 air miles of an urban growth
boundary containing a population greater
than 50000;
3. The parcel containing the dwelling of the
person conducting the livestock
operation; and
4. Not classified as high value farmland as
defined in DCC 18.04.030.
C. For each doubling of evef�,, additional 160
aefes--te the initial 160 acres required under
DCC 18.128.360(B), up to five additional
overnight guest rooms and 3,000 square feet
of floor area may be added to the guest ranch
for a total of not more than 25 guest rooms
and 21,000 square feet of floor area.
D. A guest ranch may provide recreational
activities in conjunction with the livestock
operation's natural setting, including but not
limited to hunting, fishing, hiking, biking,
horseback riding or swimming. Intensively
developed recreational facilities such as a
golf course or campground as defined in
DCC Title 18, shall not be allowed in
conjunction with a guest ranch, and a guest
ranch shall not be allowed in conjunction
with an existing golf course or with an
existing campground.
E. Food services shall be incidental to the
operation of the guest ranch and shall be
provided only for the guests of the guest
ranch. The cost of meals provided to the
guests shall be included as part of the fee to
visit to or stay at the guest ranch. The sale of
individual meals to persons who are not
guests of the guest ranch shall not be
allowed.
F. The exterior of the buildings shall maintain a
residential appearance.
G. To promote privacy and preserve the integrity
of the natural setting, guest ranches shall
retain existing vegetation around the guest
lodging structure.
H. All lighting shall be shielded and directed
downward in accordance with DCC 15.10,
Outdoor Lighting Control.
I. Signage shall be restricted to one sign no
greater than 20 square feet, nonilluminated
and posted at the entrance to the property.
J. Occupancies shall be limited to not more than
30 days.
K. The guest ranch shall be operated in a way
that will protect neighbors from unreasonable
disturbance from noise, dust, traffic or
trespass.
L. One off-street parking space shall be
provided for each guestroom in addition to
parking to serve the residents.
M. Any conversion or alterations to properties
designated as historic landmarks shall be
approved by the Deschutes County Historical
Landmarks Commission.
(Ord. 2004-001 § 3, 2004; Ord. 2001-043 § 1,
2001; Ord. 98-056 § 2, 1998)
Note: DCC 18.128.360 is repealed December 31, 2005.
PAGE 1 of 1 — EXHIBIT "C" TO ORDINANCE NO. 2004-001 (07/14/04)
Chapter 22.36. LIMITATIONS ON
APPROVALS
22.36.010.
Expiration of approval.
22.36.020.
Initiation of use.
22.36.025.
Transition rules - applicability.
22.36.030.
Extensions to avoid
environmental or health hazards.
22.36.040.
Modification of approval.
22.36.050.
Transfer of permit.
22.36.060.
Revocation of approvals.
22.36.010. Expiration of approval.
A. Scope.
1. Except as otherwise provided herein,
DCC 22.36.010 shall apply to and
describe the duration of all approvals of
land use permits provided for under the
Deschutes County Land Use Procedures
Ordinance, the various zoning ordinances
administered by Deschutes County and
the subdivision/partition ordinance.
2. DCC 22.36.010 does not apply to:
a. Those determinations made by
declaratory ruling, such as
verifications of nonconforming uses,
lot of record determinations and
expiration determinations, that
involve a determination of the legal
status of a property, land use or land
use permit rather than whether a
particular application for a specific
land use meets the applicable
standards of the zoning ordinance.
Such determinations, whether
favorable or not to the applicant or
landowner, shall be final, unless
appealed, and shall not be subject to
any time limits.
b. Temporary use permits of all kinds,
which shall be governed by
applicable ordinance provisions
specifying the duration of such
permits.
c. Quasi-judicial map changes.
B. Duration of Approvals.
1. Except as otherwise provided under DCC
22.36.010 or under applicable zoning
ordinance provisions, a land use permit is
void two years after the date the
discretionary decision becomes final if
the use approved in the permit is not
initiated within that time period.
2. Except as otherwise provided under
applicable ordinance provisions,
preliminary approval of plats or master
plans shall be void after two years from
the date of preliminary approval, unless
the final plat has been submitted to the
Planning Division for final approval
within that time period, an extension is
sought under DCC 22.36.010 or the
preliminary plat or master plan approval
has been initiated as defined herein.
3. In cases of a land use approval authorized
under applicable approval criteria to be
completed in phases, each phase must be
initiated within the time specified in the
approval, or initiated within two years of
completion of the prior phase if no
timetable is specified.
4. The approval period for the following
dwellings in the Exclusive Farm Use and
Forest Use Zones is for 4 years:
a. Replacement dwelling
b. Nonfarm dwelling
c. Lot of record dwelling
d. Large tract dwelling
e. Template dwelling.
C. Extensions.
1. The Planning Director may grant one
extension of up to one year for a land use
approval or a phase of a land use
approval, and two years for those
dwellings listed in DCC 22.36.010(B)(4)
above, regardless of whether the
applicable criteria have changed, if-
a.
fa. An applicant makes a written request
for an extension of the development
approval period;
b. The request, along with the
appropriate fee, is submitted to the
County prior to the expiration of the
approval period;
c. The applicant states reasons that
prevented the applicant from
beginning or continuing development
PAGE 1 of 2 — EXHIBIT "D" TO ORDINANCE NO. 2004-001 (07/14/04)
or meeting conditions of approval
within the approval period; and
d. The County determines that the applicant
was unable to begin or continue
development or meet conditions of
approval during the approval period for
reasons for which the applicant was not
responsible, including, but not limited to,
delay by a state or federal agency in
issuing a required permit.
2. Up to two additional one-year extensions,
or two-year extensions for those
dwellings listed under DCC
22.36.010(B)(4) above, may be granted
under the above criteria by the Planning
Director or his designees where
applicable criteria for the decision have
not changed.
D. Procedures.
1. A determination of whether a land use
has been initiated shall be processed as a
declaratory ruling.
2. Approval of an extension granted under
DCC 22.36.010 is an administrative
decision, is not a land use decision
described in ORS 197.015 or Title 22
and is not subject to appeal as a land use
decision and shall be processed under
DCC Title 22 as a development action,
except to the extent it is necessary to
determine whether the use has been
initiated.
E. Effect of Appeals. The time period set forth
in DCC 22.36.010(B) shall be tolled upon
filing of an appeal to LUBA until all appeals
are resolved.
(Ord. 2004-001 § 4, 2004; Ord. 95-045 § 43A,
1995; Ord. 95-018 § 1, 1995; Ord. 90-007 § 1,
1990)
PAGE 2 of 2 — EXHIBIT "D" TO ORDINANCE NO. 2004-001 (07/14/04)