2005-623-Ordinance No. 2005-011 Recorded 4/13/2005REVIEWED
A �--
LEGAL 60TNSEL
REVIEWED
WID-It AfVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL RECORDS CJ
NANCY BLANKENSHIP, COUNTY CLERK VV623
COMMISSIONERS' JOURNAL 04/13/2005 04:10:01 PM
11111[ 1111111111111111111111
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 18.32 of Title 18 of
the Deschutes County Code and Declaring an ORDINANCE NO. 2005-011
Emergency
WHEREAS, the County Planning Division initiated an amendment to Chapter 18.32, Multiple Use
Agricultural (MUA- 10) Zone; and
WHEREAS, the Planning Division's February 24, 2005 memorandum to the Planning Commission sets
forth the findings for the proposed changes; and
WHEREAS, the County Planning Commission held a public hearing on March 10, 2005, and
recommended approval of the proposed amendment; and
WHEREAS, the Board of County Commissioners ("Board") held a public hearing on the proposed
amendment on April 13, 2005; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 18.32.050, Yards, is amended to read as described in
Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfikethf:etigh.
Section 2. FINDINGS. The Board adopts as its findings the Staff Report attached as Exhibit "B,"
attached and incorporated by reference.
PAGE I OF 2 - ORDINANCE NO. 2005-011 (04/13/05)
Section 3. 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 2005.
BOARD OF COUNTY COMMISSIONERS
OF DESCI1_LJTES COUNTY, 0 GON
TOM EWOLF, Chair
r - - , t
"C::, -
DENNIS R. LUKE, Commissioner
MICHAEL M. DALY, Commissioner
Date of I" Reading: '-day of "2005.
Date of 2 nd Reading: day of 2005.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf
Dennis R. Luke
Michael M. Daly
Effective date: e57 day of OLVI� , 2005.
ATTEST:
(1�7�rf6�
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2005-011 (04/13/05)
Chapter 18.32. MULTIPLE USE
AGRICULTURAL ZONE
- MUA
18.32.010.
Purpose.
18.32.020.
Uses permitted outright.
18.32.030.
Conditional uses permitted.
18.32.035.
Destination resorts.
18.32.040.
Dimension standards.
18.32.050.
Yards.
18.32.060.
Stream setbacks.
18.32.070.
Rimrock setback.
18.32.010. Purpose.
The purposes of the Multiple Use Agricultural
Zone are to preserve the rural character of various
areas of the County while permitting
development consistent with that character and
with the capacity of the natural resources of the
area; to preserve and maintain agricultural lands
not suited to full-time commercial farming for
diversified or part-time agricultural uses; to
conserve forest lands for forest uses; to conserve
open spaces and protect natural and scenic
resources; to maintain and improve the quality of
the air, water and land resources of the County; to
establish standards and procedures for the use of
those lands designated unsuitable for intense
development by the Comprehensive Plan, and to
provide for an orderly and efficient transition
from rural to urban land use.
(Ord. 95-075 § 1, 1995)
18.32.020. Uses permitted outright.
The following uses and their accessory uses are
permitted outright:
A. Agricultural uses as defined in DCC Title 18.
B. A single family dwelling, or a manufactured
home subject to DCC 18.116.070.
C. Propagation or harvesting of a forest product.
D. Class I and H road or street project subject to
approval as part of a land partition,
subdivision or subject to the standards and
criteria established by DCC 18.116.230.
E. Class III road or street project.
F. Noncommercial horse stables, excluding
horse events.
G. Horse events, including associated structures,
involving:
1. Fewer than 10 riders;
2. Ten to 25 riders, no more than two times
per month on nonconsecutive days; or
3. More than 25 riders, no more than two
times per year on nonconsecutive days.
Incidental musical programs are not included
in this definition. Overnight stays by
participants, trainers or spectators in RVs on
the premises is not an incident of such horse
events.
H. Operation, maintenance, and piping of
existing irrigation systems operated by an
Irrigation District except as provided in DCC
18.120.050.
1. Type I Home Occupation, subject to DCC
18.116.280.
(Ord. 2004-002 § 3, 2004; Ord. 2001-039 § 2,
200 1; Ord. 2001-016 § 2, 200 1; Ord. 94-008 § 10,
1994; Ord. 93-043 § 4, 1993; Ord. 93-001 § 1,
1993; Ord. 91-038 § 1, 1991; Ord. 91-020 § 1,
1991; Ord. 91-005 § 18, 1991; Ord. 91-002 § 6,
1991)
18.32.030. Conditional uses permitted.
The following uses may be allowed subject to
DCC 18.128:
A. Public use.
B. Semipublic use.
C. Commercial activities in con unction with
farm use. The commercial activity shall be
associated with a farm use occurring on the
parcel where the commercial use is proposed.
The commercial activity may use, process,
store or market farm products produced in
Deschutes County or an adjoining County.
D. Dude ranch.
E. Kennel and/or veterinary clinic.
F. Guest house.
PAGE I OF 4 — EXHIBIT "A" TO ORDINANCE NO. 2005-011 (04/13/05)
G. Manufactured home as a secondary accessory
farm dwelling, subject to the requirements set
forth in DCC 18.116.070.
H. Exploration for minerals.
1. Private parks, playgrounds, hunting and
fishing preserves, campgrounds, motorcycle
tracks and other recreational uses.
J. Personal use landing strip for airplanes and
helicopter pads, including associated hangar,
maintenance and service facilities. No
aircraft may be based on a personal -use
landing strip other than those owned or
controlled by the owner of the airstrip.
Exceptions to the activities permitted under
this definition may be granted through waiver
action by the Aeronautics Division in specific
instances. A personal use landing strip
lawftilly existing as of September 1, 1975,
shall continue to be permitted subject to any
applicable regulations of the Aeronautics
Division.
K. Golf courses.
L. Type 2 or Type 3 Home Occupation, subject
to DCC 18.116.280.
M. A facility for primary processing of forest
products, provided that such facility is found
to not seriously interfere with accepted
fanning practices and is compatible with
farm uses described in ORS 215.203(2).
Such a facility may be approved for a
one-year period which is renewable. These
facilities are intended to be only portable or
temporary in nature. The primary processing
of a forest product, as used in DCC
18.32.030, 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 18.32.030, means
timber gown upon a parcel of land or
contiguous land where the primary
processing facility is located.
N. Destination resorts.
0. Planned developments.
P. Cluster developments.
Q. Landfills when a written tentative approval
by the Department of Environmental Quality
(DEQ) of the site is submitted with the
conditional use application.
R. Time-share unit or the creation thereof.
S. Hydroelectric facility, subject to DCC
18. 116.130 and 18.128.260.
T. Storage, crushing and processing of minerals,
including the processing of aggregate into
asphaltic concrete or portland cement
concrete, when such uses are in conjunction
with the maintenance or construction of
public roads or highways.
U. Bed. and breakfast inn.
V. Excavation, grading and fill and removal
within the bed and banks of a stream or river
or in a wetland subject to DCC 18.120.050
and 18.128.270.
W. Churches, subject to DCC 18.124 and
18.128.080.
X. Private or public schools, including all
buildings essential to the operation of such a
school.
Y. Utility facility necessary to serve the area
sub ect to the provisions of DCC 18.124.
j
Z. Cemetery, mausoleum or crematorium.
AA. Commercial horse stables.
BB. Horse events, including associated structures,
not allowed as a permitted use in this zone.
CC. Manufactured home park on a parcel in use
as a manufactured home park prior to the
adoption of PL -15 in 1979 and being
operated as of June 12, 1996, as a
manufactured home park, including any
expansion of such uses on the same parcel, as
configured on June 12, 1996.
DD. Wireless telecommunications facilities,
except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
EE. Guest lodge.
FF. Surface mining of mineral and aggregate
resources in conjunction with the operation
and maintenance of irrigation systems
PAGE 2 OF 4 — EXHIBIT "A" TO ORDINANCE NO. 2005-011. (04/13/05)
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.
(Ord. 2004-002 § 4, 2004; Ord. 2001-039 § 2,
2001; Ord. 2001-016 § 2, 2001; Ord. 97-063 § 3,
1997; Ord. 97-029 § 2, 1997; Ord. 97-017 § 2,
1997; Ord. 96-038 § 1, 1996; Ord. 94-053 § 2,
1994; Ord. 94-008 § 11, 1994; Ord. 93-043 §§ 4A
and B, 1993; Ord. 92-055 § 2, 1992; Ord. 91-038
§ 1, 1991; Ord. 91-020 § 1, 1991; Ord. 90-014 §§
27 and 35, 1990; Ord. 91-005 §§ 19 and 20, 1991;
Ord. 91-002 § 7, 1991; Ord. 86-018 § 7, 1986;
Ord. 83-033 § 2, 1983; Ord. 80-206 § 3, 1980)
18.32.035. Destination resorts.
Destination resorts may be allowed as a
conditional use, subject to all applicable
standards of the DR Zone.
(Ord. 92-004 § 4, 1992)
18.32.040. Dimension standards.
In an WA Zone, the following dimensional
standards shall apply:
A. The minimum lot size shall be 10 acres,
except planned and cluster developments
shall be allowed an equivalent density of one
unit per seven and one-half acres and planned
and cluster developments within one mile of
an acknowledged urban growth boundary
shall be allowed a five acre minimum lot size
or equivalent density.
B. The minimum average lot width shall be 100
feet and the minimum street frontage 50 feet.
C. The minimum average lot depth shall be 150
feet.
D. Building height. No building or structure
shall be erected or enlarged to exceed 30 feet
in height, except as allowed by DCC
18.120.040.
(Ord. 92-055 § 3, 1992; Ord. 91-020 § 1, 1991)
18.32.050. Yards.
A. The front yard setback from the property line
shall be a minimum of 100 feet if sueh line is
adiaeefft te an intensive agr-ietiltidfal
ethei-A'ise, the 4ent yafd shall be 20 feet for
property fronting on a local street right of
way, 30 feet from a property line fronting on
a collector right of way, and 80 feet from an
arterial right of way unless other provisions
for combining accesses are provided and
approved by the County.
B. Each side yard shall be a minimum of 20 feetT
eiie pt en the street side, "ieh shall be a
minimum of 90 feet. For parcels or lots
created before November 1, 1979, which are
one-half acre or less in size, the side yard
setback may be reduced to a minimum of 10
feet. For parcels or lots adjacent to prope
receiving special assessment for farm use a*
Weasive agr4euktir-al use the adjacent side
yard for a dwelling shall be a minimum of
100 feet.
C. Rear yards shall be a minimum of 25 feetF.
.eieept wheft For parcels or lots with hiwe
rear yards adjacent to propeqy receiving
sl2ecial assessment for farm use an ifAensive
. l4wal use the rear yards for a dwelling
LI I be a minimum of 100 feet.
D. The setback from the north lot line shall meet
the solar setback requirements in DCC
18.116.180.
E. In addition to the setbacks set forth herein,
any greater setbacks required by applicable
building or structural codes adopted by the
State of Oregon and/or the County under
DCC 15.04 shall be met.
(Ord. 2005-011 § 1, 2005; Ord. 94-008 § 17,
1994; Ord. 91-020 § 1, 1991; Ord. 88-021 § 1,
1988; Ord. 83-037 § 9,1983)
18.32.060. Stream setbacks.
To permit better light, air, vision, stream
pollution control, fish and wildlife areas and to
preserve the natural scenic amenities and vistas
along the streams and lakes, the following
setbacks shall apply:
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
PAGE 3 OF 4 — EXHIBIT "A" TO ORDINANCE NO. 2005-011 (04/13/05)
feet, measured at right angles to the ordinary
high water mark. In those cases where
practical difficulties preclude the location of
the facilities at a distance of 100 feet and the
County Sanitarian finds that a closer location
will not endanger health, the Planning
Director or Hearings Body may permit the
location of these facilities closer to the stream
or lake, but in no case closer than 25 feet.
B. All structures, buildings or similar permanent
fixtures shall be set back from the ordinary
high water mark along all streams or lakes a
minimum of 100 feet measured at right
angles to the ordinary high water mark.
(Ord. 91-020 § 1, 1991)
18.32.070. Rimrock setback.
Setbacks from rimrock shall be as provided in
DCC 18.116.160.
(Ord. 86-053 § 6, 1986)
PAGE 4 OF 4 — EXHIBIT "A" TO ORDINANCE NO. 2005-011 (04/13/05)
r1 0014 1
, W A W. IWA
DATE:
TO:
FROM:
RE:
February 24, 2005
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NVV Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
Deschutes County Planning Commission
Paul Blikstad, Associate Planner
Amendments to setbacks in the MUA-1 0 Zone
INTRODUCTION:
The Planning Division is proposing to amend the setback standards in the Multiple Use
Agricultural (MUA-10) zone. The MUA-10 zone has been in place since the adoption of PL -15,
the Deschutes County Zoning Ordinance, on November 1, 1979.
BACKGROUND:
The MUA-10 zone is a rural residential zone, consisting primarily of land not included in the
Exclusive Farm Use zone, based mainly on existing lot sizes and development patterns. This
zone was originally listed in the County Comprehensive Plan (1979 version) under the
Agricultural Lands section as land that was designated "Marginal Farm Land — Developed." The
one and only Plan policy that related to the MUA-1 0 zone was listed as follows:
9. The Multiple Use Agricultural Zone shall allow planned developments, destination
resorts, planned communities and cluster development as conditional uses where
it can be shown these uses would be consistent with or beneficial to the
maintenance of agricultural uses in that area. Except for Destination Resorts no
overall densities in excess of the underlying minimum lot sizes will be permitted.
In 1992, the County updated the Exclusive Farm Use Zone regulations and Comprehensive
Plan to make them consistent with changes to State Law. As part of this update, the references
to the MUA-10 zoned lands in the Agricultural Lands section of the Comprehensive Plan were
removed because the zone does not qualify under state law as an exclusive farm use/resource
land zone. The MUA-1 0 zone is no longer considered a part of the resource zone or agricultural
lands designation.
PAGE 1 OF 3 — EXHIBIT "B" TO ORDINANCE NO. 2005-011 (04/13-05)
Quality Services Perfonned zvith Pride
PROBLEM STATEMENT:
The majority of existing lots or parcels in the MUA-10 zone are less than 10 acres in size; the
10 -acre minimum lot size was placed on these lands to prevent further divisions of them.
Additionally, many of the MUA-10 zoned lots or parcels are relatively narrow (300 feet or less),
and the 1 00 -foot setback from "intensive agricultural use" can and does cause structures to be
placed in the middle of land, including land that may be irrigated. "Intensive agricultural use"
can be any kind of agricultural use, whether it's pasture or dry ground grazing, or crops such as
hay. It has been staff's experience in the field, that if there is farm use in the MUA-10 zoned
areas, it is generally small pasture areas, with some livestock grazing. The pasture and/or
livestock areas are somewhat limited due mainly to the smaller lot or parcel sizes, and/or the
topography, such as rock outcrops, and poor soils, as well as the availability of irrigation water
rights.
One very important additional problem encountered by staff is when building permit applications
are taken in for dwellings or other structures in the MUA10 zone. Since dwellings and other
structures are uses permitted outright in the MUA-10 zone, a call must be made at the counter
as to whether the adjacent land is in "intensive agricultural use." This can be difficult without a
site visit to the area. Many times staff has to rely on aerial photos from 1996 in determining
whether adjacent land is in "intensive agricultural use." Staff does not have the time to drive out
to each and every parcel that is zoned MUA-10 in cases where permits are applied for.
The ordinance defines "intensive agricultural use" as any agricultural use where accepted
farming practice may produce noise, dust, chemical application or other potential nuisance at
any time during the year. Thus, while the reference is to an intensive use, the definition
includes virtually all agricultural uses, including something as minor as dry land grazing.
Existing Sietbacks
Proposed- Setbacks
Front Yard
Front Yard
20 feet — local road
20 feet — local road
30 feet — collector road
30 feet — collector road
80 feet — arterial road
80 feet — arterial road
100 feet- property
adjacent to intensive
agricultural use
Side Yard
Side Yard
20 feet
20 feet
30 feet street side
10 feet foi- parcels created prior to 11/1 /79 and
110 feet for parcels created
prior to 11/1 /79 and
1/2 acre or less in size
1/2 acre or less in size
100 feet for dwellings adjacent to property
100 feet — property
adjacent to intensive
receiving special assessment for farm use
agricultural use
Rear Yard
Rear Yard
25 feet
25 feet
100 feet — property
adjacent to intensive
100 feet for dwellings adjacent to property
agricultural use
. receiving special assessment for farm use
PAGE 2 OF 3 — EXHIBIT "B" TO ORDINANCE NO. 2005-011 (04/13/05)
For the front setback standards, Staff is proposing to amend the code to remove the 100 -foot
setback from "intensive agricultural use," to make it consistent with the EFU zone front
setbacks, which do not differentiate a setback whether adjacent land is farmed or not. The
setbacks would be measured from road rights of way, or if a property is not adjacent to a road, a
front lot line as defined under section 18.04.030, Definitions. With a standard road right of way
of 60 feet, this creates a minimum separation between farm use and any structure of 80 feet.
For the side setback, Staff is proposing to remove the "street side" language, since any
property line adjacent to a street is considered a front lot line, which requires that the front
setback be applied (i.e. a parcel that abuts more than one road or street has more than one
front setback). Additionally, staff is proposing to remove the intensive agricultural use language
and replace it with "property that is receiving special assessment for farm use," and have the
1 00 -foot setback only apply to dwellings, which is how structures are regulated in the EFU zone.
If the idea of special setbacks is to mitigate conflicting uses, then it makes sense to try to
provide the buffer between residential use and farm use.
For the rear setback, Staff is proposing to remove the intensive agricutural use language and
replace it with the same language as above, which only applies to dwellings. This is how
structures are regulated in the EFU zone, with the 100 -foot setback for nonfarm dwellings
adjacent to properties in farm use.
CONCLUSION:
This proposed change in the setbacks for the MUA-10 zone has been contemplated by staff for
a number of years. It is our belief that the existing setbacks are too restrictive. They are in fact
more restrictive than the required setbacks in the EFU zone, which is intended for and has most
of, actual farm use in the County. Staff would characterize most of the farming that does occur
on MUA-1 0 zoned land as hobby farming.
Attached is a draft of the proposed changes. We have scheduled a public hearing before the
Planning Commission on Thursday, March 10, 2005. If you should have any comments or
questions, please direct them to me. (Phone: 388-6554; email: paulb@co.deschutes.or.us)
PAGE 3 OF 3 — EXHIBIT "B" TO ORDINANCE NO. 2005-011 (04/13/05)