2007-1626-Ordinance No. 2007-020 Recorded 11/9/2007REVIEWED
LEGALCOUNSEL
REVIEWED
CODE W-VW COMMITTEE
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
1111111111111111111111111111111
2007-3626
Pot
CLERKDS Yd 2007.1616
11/09/2007 02:39:52 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending the Deschutes County Code *
Title 18, making various language changes. * ORDINANCE NO. 2007-020
WHEREAS, the Deschutes County Planning Division has requested various text amendments to Title
18 in response to issues that occurred through application of the Code that will clarify language, remove an
obsolete definition and amend language to satisfy changes required by State Administrative Rule; and
WHEREAS the Planning Commission considered this matter after public hearings on June 14, 2007 and
forwarded amendments to the zoning regulations for Title 18 to the Board; and
WHEREAS the Board considered this matter after a public hearing on October 22, 2007 and concluded
that the public will benefit from changes to the various land use regulations for Title 18; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Title 18, Sections, 18.04.030, 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 tri ° ugh.
Section 2. AMENDMENT. Title 18, Sections, 18.24.040 and 050, 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 strik gh.
Section 3. AMENDMENT. Title 18, Sections, 18.36.030, is amended 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 strike.
Section 4. AMENDMENT. Title 18, Sections, 18.40.030, is amended to read as described in Exhibit
"D," attached hereto and by this reference incorporated herein, with new language underlined and language to
be deleted in str ough.
Section 5. AMENDMENT. Title 18, Sections, 18.84.030, is amended to read as described in Exhibit
"E," attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in strikethreagh.
PAGE 1 OF 2 - ORDINANCE NO. 2007-020 (10/22/07)
■
Section 3. FINDINGS. The Board of Commissioners adopts as it findings in support of this
amendment as in Exhibit "F" attached and incorporated by reference herein.
Dated this of O~a7
ATTEST:
(S4~ qXak1,-),t-
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY.,OREGON
TAMMY
Date of 1" Reading: day of 2007.
Date of 2°d Reading: S~ day of 6byl , 2007.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly c~-
Dennis R. Luke v
Tammy Baney v
ao f-
Effective date: -1~ day of
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2007-020 (10/22/07)
Exhibit "A"
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
18.04.010. Title.
18.04.020. Purpose.
18.04.030. Definitions.
18.04.010. Title.
DCC Title 18 shall be known as the Deschutes County Zoning Ordinance of 1979.
(Ord. 91-020 § 1, 1991)
Yfailef, vaeatieii" means a poftable unit designed and btlift to be towed on its Own ehassisj
eomprised of ffame and wheels, having Sleepilig, Woking and Plumbing
faeilities independent E)
exterr}al-ut+l+t, etiffee4 tis, of intended-t;9F i-,e p t~ei$ally as -a tempo ~ ea~Tef+al vaeation
at
eSidenee
PAGE 1 of 1 - EXHIBIT "A" TO ORDINANCE NO. 2007-020 (10/22/07)
Exhibit "B"
Chapter 18.24 Redmond Urban Reserve
Area Combining Zone
18.24.010. Purpose
18.24.020.
Uses Permitted Outright.
18.24.030.
Conditional Uses Permitted.
18.24.040.
Dimensional Standards
18.24.050.
Setbacks
18.24.060.
Setback Exception Application
18.24.070.
Limitations for Future Urban
Development
18.24.0 18.24.040. Dimensional
Standards.
Notwithstanding the minimum lot size in an
underlying zone with which the RURA is
combined, new lots or parcels shall be a
minimum of 10 acres in size. Partitions for
the purpose of creating a non-farm dwelling
pursuant to DCC 18.16.055 may be allowed
that are less than 10 acres in size.
18.24.050. Setbacks.
The following special setbacks are required
in the RURA Combining Zone:
A. Properties abutting existing public right
of way for arterial and collector streets
identified in the County Transportation
System Plan shall meet the setbacks
prescribed in the underlying zones.
B. New buildings or structures shall be
setback ninety (90) feet from the centerline
of a planned collector or arterial identified
on the County Transportation System Plan
unless an application for an exception to the
this standard is submitted and approved
under seetie+3 DCC 18.24.060.
PAGE 1 of 1 - EXHIBIT "B" TO ORDINANCE NO. 2007-020 (10/22/07)
Exhibit "C"
Chapter 18.36. FOREST USE ZONE
- F-1
18.36.010.
Purpose.
18.36.020.
Uses permitted outright.
18.36.030.
Conditional uses permitted.
18.36.040.
Limitations on conditional
uses.
18.36.050.
Standards for single-family
dwellings.
18.36.060.
Siting of dwellings and
structures.
18.36.070.
Fire siting standards for
dwellings and structures.
18.36.080.
Fire safety design standards
for roads.
18.36.085.
Stocking requirement.
18.36.090.
Dimensional standards.
18.36.100.
Yards and setbacks.
18.36.110.
Stream setbacks.
18.36.120.
State law controls.
18.36.130.
Rimrock setbacks.
18.36.140.
Restrictive covenants.
18.36.030. Conditional uses permitted.
The following uses and their accessory uses
may be allowed in the Forest Use Zone,
subject to applicable provisions of the
Comprehensive Plan, DCC 18.36.040 and
other applicable sections of DCC Title 18.
A. Private hunting and fishing operations
without any lodging accommodations.
B. Caretaker residences for public parks and
fish hatcheries.
C. Temporary forest labor camps limited to
the duration of the forest operation
requiring its use.
D. Exploration for and production of geo-
thermal, gas, oil and other associated
hydrocarbons, including the placement
and operation of compressors, separators
and other customary production
equipment for an individual well adjacent
to the well head.
E. Log scaling and weigh stations.
F. Disposal site for solid waste for which
the Department of Environmental Quality
has granted a permit under ORS 459.245,
together with equipment, facilities or
buildings necessary for its operation.
G. Private parks and campgrounds.
Campgrounds in private parks shall only
be those allowed by OAR 660-006-0025.
Except on a lot or parcel contiguous to a
lake or reservoir, campgrounds 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 4. For the
purpose of DCC 18.36.030 a
campground is an area devoted to
overnight temporary use for vacation,
recreational or emergency purposes, but
not for residential purposes. A
campground shall be designed and
integrated into the rural agricultural and
forest environment in a manner that
protects the natural amenities of the site
and provides buffers of existing native
trees and vegetation or other natural
features between campsites. A camping
site may be occupied by a tent, travel
trailer or recreational vehicle.
Campgrounds shall not include
intensively developed recreational uses
such as swimming pools, tennis courts,
retail stores or gas stations. 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 month period.
H. Mining and processing of oil, gas or
other subsurface resources, as defined in
ORS 520.005, and not otherwise
permitted under DCC 18.36.030(D).
1. Television, microwave and radio
communication facilities and
transmission towers.
J. Fire stations for rural fire protection.
K. Utility facilities for the purpose of
generating power. A power generation
facility shall not preclude more than 10
acres from use as a commercial forest
operation unless an exception is taken
PAGE 1 OF 3 - DRAFT EXHIBIT "C" TO ORDINANCE 2007-020 (10/22/2007)
Exhibit "C"
pursuant to Oregon Administrative Rules
660, Division 4.
L. Aids to navigation and aviation.
M. Water intake facilities, related treatment
facilities, pumping stations and
distribution lines.
N. Reservoirs and water impoundments.
0. Cemeteries.
P. New electric transmission lines with
right-of-way widths of up to 100 feet as
specified in ORS 772.210. New
distribution lines (e.g. electrical, gas, oil,
geothermal) with rights of way 50 feet or
less in width.
Q. Temporary asphalt and concrete batch
plants as accessory uses to specific
highway projects.
R. Type 2 or 3 Home Occupation, subject to
DCC 18.116.280.
S. Expansion of existing airports.
T
U
V
Public road and highway projects as
described as ORS 215.283(2)(p) through
(r) and 215.283(3).
Private accommodations for fishing
occupied on a temporary basis subject to
other applicable sections of DCC Title 18
and the following requirements:
1. Accommodations are limited to no
more than 15 guest rooms as that
term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory
retail sales are permitted;
3. Accommodations are occupied
temporarily for the purpose of
fishing during fishing seasons
authorized by the Oregon Fish and
Wildlife Commission; and
4. Accommodations must be located
within one-quarter mile of fish Type
F waters.
Forest management research and
experimentation facilities as defined by
ORS 526.215 or where accessory to
forest operations.
W. 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.
X. A manufactured home in conjunction
with an existing dwelling as a temporary
use for the term of a hardship suffered by
the existing resident or a relative as
defined in ORS 215.283. The use shall
be subject to the review criteria in DCC
18.116.090, as well as DCC 18.36.040
and 18.36.060 of this chapter. The
manufactured home shall use the same
subsurface sewage disposal system used
by the existing dwellings if that disposal
system is adequate to accommodate the
additional dwelling. A temporary
residence approved under this subsection
is not eligible for replacement under
OAR 660-006-025 (3)(p).
Y. Single-family dwellings or manufactured
homes as specified in DCC 18.116.070,
as pursuant to DCC 18.36.050.
Z. Public parks including only those uses
specified under OAR 660-034-0035.
AA.Private seasonal accommodations for fee
hunting operations may be allowed
subject to DCC 18.36.050 and the
following requirements:
1. Accommodations are limited to no
more than 15 guest rooms as that
term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory
retail sales are permitted; and
3. Accommodations are occupied
temporarily for the purpose of
hunting during game bird and big
game hunting seasons authorized by
the Oregon Fish and Wildlife
Commission.
BB.Any gathering subject to review by a
county planning commission under the
provisions of ORS 433.763. These
gatherings are those of more than 3,000
persons which continue or can
reasonably be expected to continue for
more than 120 hours within any three-
PAGE 2 OF 3 - DRAFT EXHIBIT "C" TO ORDINANCE 2007-020 (10/22/2007)
Exhibit "C"
month period and any part of which is
held in open spaces.
CC.Permanent storage and repair of logging
equipment.
(Ord. 2007-020_§_3,20Q7;Ord. 2004-002 § 5,
2004; Ord. 2000-033 § 1, 2000; Ord. 94-038
1, 1994; Ord. 92-068 § 1, 1992; Ord. 92-025
§ 2, 1992; Ord. 91-038 § 1, 1991; Ord.
90-014 § 28, 1990; Ord. 86-018 § 8, 1986)
PAGE 3 OF 3 - DRAFT EXHIBIT "C" TO ORDINANCE 2007-020 (10/22/2007)
Exhibit "D"
Chapter 18.40. FOREST USE ZONE
- F-2
18.40.010.
Purpose.
18.40.020.
Uses permitted outright.
18.40.030.
Conditional uses permitted.
18.40.040.
Limitations on conditional
uses.
18.40.050.
Standards for single-family
dwellings.
18.40.060.
Siting of dwellings and
structures.
18.40.070.
Fire siting standards for
dwellings and structures.
18.40.080.
Fire safety design standards
for roads.
18.40.085.
Stocking requirement.
18.40.090.
Dimensional standards.
18.40.100.
Yards and setbacks.
18.40.110.
Stream setbacks.
18.40.120.
State law controls.
18.40.130.
Rimrock setback.
18.40.030. Conditional uses permitted.
The following uses and their accessory uses
may be allowed in the Forest Use Zone,
subject to applicable provisions of the
Comprehensive Plan, DCC 18.40.040 and
other applicable sections of DCC Title 18:
A. Private hunting and fishing operations
without any lodging accommodations.
B. Caretaker residences for public parks and
fish hatcheries.
C. Temporary forest labor camps limited to
the duration of the forest operation
requiring it use.
D. Destination Resorts where mapped in a
DR zone and subject only to the
provisions of DCC 18.113 and other
applicable provisions of DCC Title 18
and the Comprehensive Plan not
contained in DCC 18.40.
E. Exploration for and production of
geothermal, gas, oil and other associated
hydrocarbons, including the placement
and operation of compressors, separators
and other customary production
equipment for an individual well adjacent
to the well head.
F. Log scaling and weigh stations.
G. Disposal site for solid waste for which
the Department of Environmental Quality
has granted a permit under ORS 459.245,
together with equipment, facilities or
buildings necessary for its operation.
H. Private parks and campgrounds.
Campgrounds in private parks shall only
be those allowed by OAR 660-006-0025.
Except on a lot or parcel contiguous to a
lake or reservoir, campgrounds 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 4. For the
purpose of DCC 18.40.030, a
campground is an area devoted to
overnight temporary use for vacation,
recreational or emergency purposes, but
not for residential purposes. A
campground shall be designed and
integrated into the rural agricultural and
forest environment in a manner that
protects the natural amenities of the site
and provides buffers of existing native
trees and vegetation or other natural
features between campsites.. A camping
site may be occupied by a tent, travel
trailer or recreational vehicle.
Campgrounds shall not include
intensively developed recreational uses
such as swimming pools, tennis courts,
retail stores or gas stations. 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 month period.
Mining and processing of oil, gas or
other subsurface resources, as defined in
ORS 520.005, and not otherwise
permitted under DCC 18.40.030(E).
Television, microwave and radio
communication facilities and
transmission towers.
K. Fire stations for rural fire protection.
PAGE 1 OF 3 - DRAFT EXHIBIT "D" TO ORDINANCE 2007-020 (10/22/2007)
Exhibit "D"
L. Utility facilities for the purpose of
generating power. A power generation
facility shall not preclude more than 10
acres from use as a commercial forest
operation unless an exception it taken
pursuant to Oregon Administrative Rules
660, Division 4.
W. Forest management research and
experimentation facilities as defined by
ORS 526.215 or where accessory to
forest operations.
X. Single-family dwellings or manufactured
homes as specified in DCC 18.116.070,
pursuant to DCC 18.40.050.
M. Aids to navigation and aviation.
N. Water intake facilities, related treatment
facilities, pumping stations and
distribution lines.
0. Reservoirs and water impoundments.
P. Cemeteries.
Q. New electric transmission lines with
right-of-way widths of up to 100 feet as
specified in ORS 772.210. New
distribution lines (e.g. gas, oil,
geothermal) with rights of way 50 feet or
less in width.
R. Temporary asphalt and concrete batch
plants as accessory uses to specific
highway projects.
S. Type 2 or 3 Home Occupation, subject to
DCC 18.116.280.
T. Expansion of existing airports.
U. Public road and highway projects as
described as ORS 215.283(2)(p) through
(r) and 215.283(3).
V. Private accommodations for fishing
occupied on a temporary basis subject to
other applicable sections of DCC Title 18
and the following requirements:
1. Accommodations are limited to no
more than 15 guest rooms as that
term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory
retail sales are permitted;
3. Accommodations are occupied
temporarily for the purpose of
fishing during fishing seasons
authorized by the Oregon Fish and
Wildlife Commission; and
4. Accommodations must be located
within one-quarter mile of
fish-bearing Type F waters.
Y. 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.
Z. A manufactured home in conjunction
with an existing dwelling as a temporary
use for the term of a hardship suffered by
the existing resident or a relative as
defined in ORS 215.283. The use shall
be subject to the review criteria in DCC
18.116.090, as well as DCC 18.40.040
and 18.40.60. The manufactured home
shall use the same subsurface sewage
disposal system used by the existing
dwellings if that disposal system is
adequate to accommodate the additional
dwelling. A temporary residence
approved under this subsection is not
eligible for replacement under OAR 660-
006-025 (3)(p).
AA.Public parks including only those uses
specified under OAR 660-034-0035.
BB.Private seasonal accommodations for fee
hunting operations may be allowed
subject to DCC 18.36.050 and the
following requirements:
1. Accommodations are limited to no
more than 15 guest rooms as that
term is defined in the Oregon
Structural Specialty Code;
2. Only minor incidental and accessory
retail sales are permitted; and
3. Accommodations are occupied
temporarily for the purpose of
hunting during game bird and big
game hunting seasons authorized by
the Oregon Fish and Wildlife
Commission
CC.Any gathering subject to review by a
county planning commission under
the provisions of ORS 433.763.
PAGE 2 OF 3 - DRAFT EXHIBIT "D" TO ORDINANCE 2007-020 (10/22/2007)
Exhibit "D"
These gatherings are those of more
than 3,000 persons which continue or
can reasonably be expected to
continue for more than 120 hours
within any three-month period and
any part of which is held in open
spaces.
DD.Permanent storage and repair of
fogging_N_ i1i_P_1-aent.
(Ord. 2007-020 4 2007, Ord. 2004-002 § 6,
2004; Ord. 2000-033 § 1, 2000; Ord. 94-038
1, 1994; Ord. 92-068 § 1, 1992; Ord. 92-025
§ 2, 1992; Ord. 91-038 § 1, 1991; Ord.
90-014 § 28, 1990; Ord. 86-018 § 8, 1986)
PAGE 3 OF 3 - DRAFT EXHIBIT "D" TO ORDINANCE 2007-020 (10/22/2007)
Exhibit "E"
Chapter 18.84. LANDSCAPE
MANAGEMENT
COMBINING ZONE -
LM
18.84.010.
Purpose.
18.84.020.
Application of provisions.
18.84.030.
Uses permitted outright.
18.84.040.
Uses permitted conditionally.
18.84.050.
Use limitations.
18.84.060.
Dimensional standards.
18.84.070.
Application.
18.84.080.
Design review standards.
18.84.085.
Imposition of conditions.
18.84.090.
Setbacks.
18.84.095.
Scenic waterways.
18.84.100.
Repealed.
18.84.090. Setbacks.
A. Except as provided in DCC 18.84.090,
minimum setbacks shall be those
established in the underlying zone with
which the LM Zone is combined.
B. Road Setbacks. All new structures or
additions to existing structures on lots
fronting a designated landscape
management road shall be set back at
least 100 feet from the edge of the
designated road right-ofway unless the
Planning Director or Hearings Body
finds that:
1. A location closer to the designated
road would more effectively screen
the building from the road; or protect
a distant vista; or
2. The depth of the lot makes a
100-foot setback not feasible; or
3. Buildings on both lots abutting the
subject lot have front yard setbacks
of less than 100 feet and the adjacent
buildings are within 100 feet of the
lot line of the subject property, and
the depth of the front yard is not less
than the average depth of the front
yards of the abutting lots.
If the above findings are made, the
Planning Director or Hearings Body may
approve a less restrictive front yard
setback which will be appropriate to
carry out the purpose of the zone.
C. River and Stream Setbacks. All new
structures or additions to existing
structures shall be set back 100 feet from
the ordinary high water mark of
designated streams and rivers or obtain a
setback exception in accordance with
DCC 18.120.030. For the purpose of
DCC 18.84.090, decks are considered
part of a structure and must conform with
the setback requirement.
The placement of on-site sewage disposal
systems shall be subject to joint review
by the Planning Director or Hearings
Body and the Deschutes County
Environmental Health Division. The
placement of such systems shall
minimize the impact on the vegetation
along the river and shall allow a dwelling
to be constructed on the site as far from
the stream or lake as possible. Sand filter
systems may be required as replacement
systems when this will allow a dwelling
to be located further from the stream or
to meet the 100-foot setback requirement.
D. Rimrock Setback. New structures
(including decks or additions to existing
structures) shall be set back 50 feet from
the rimrock in an LM Zone. An
exception to this setback may be granted
pursuant to the provisions of DCC
18.84.090(E).
E. Rimrock Setback Exceptions. An
exception to the 50-foot rimrock setback
may be granted by the Planning Director
or Hearings Body, subject to the
following standards and criteria:
1. An exception shall be granted when
the Planning Director or Hearings
Body finds that:
a. A lesser setback will make the
structure less visible or
completely screened from the
river or stream; or
b. The subject lot or parcel was a
lot of record prior to the adoption
of this ordinance; or
PAGE 1 OF 2 - DRAFT EXHIBIT "E" TO ORDINANCE 2007-020 (10/22/2007)
Exhibit "E"
c.
Dwellings (including decks) on both
least 65 percent open space along
lots or parcels abutting the subject lot
rimrocks within subject lots or
within 50 feet of the rimrock and the
parcels.
adjacent buildings are within 100
f Exception: For vacant lots or parcels
feet of the lot line of the subject
less than one-half acre, existing prior to
property; or
the adoption of Ordinance 92-034, with
d. Adherence to the 50-foot setback
undulating rimrock, and where there
would prevent the structure from
are lawfully established residences
being sited on the lot.
within 100 feet of the lot line on the
2. A
dwelling qualifying for a rimrock
subject property on both of the abutting
setback exception under the criteria set
lots with rimrock setbacks less than the
forth above shall be located as follows:
depth required in section (d) above, the
a.
The structure shall be designed and
residential structure setback shall meet
sited to minimize the visual impact
the following criteria:
when viewed from the ordinary high
1) The setback shall be the average
water mark on the far side of the
distance between the abutting
river. This shall be determined by
houses as measured from the
viewing the property from the
subject lot's front yard line to the
ordinary high water mark
furthest point of each abutting
immediately across from the center
home facing the river or stream.
of the river frontage on which the
2) The height of the structure shall
structure is proposed with like
not exceed the height of the
evaluations being made 300 feet
tallest abutting residence and in
upstream and downstream on either
no case shall exceed 24 feet
side of that point over the entire
high, except for chimneys.
length of river frontage on which the
3) The highest ridgeline shall slope
structure is proposed.
up and away from, and run
b.
Existing trees and shrubs which
parallel with, the river or stream
reduce the visibility of the proposed
4) Dormers are prohibited on the
structure shall be retained.
riverside or streamside of the
c.
The height of the structure shall not
residence and allowed on the
exceed the setback from the edge of
street-side of the residence with
the rimrock, except as described in
the height not exceeding the
the exception section (f), below.
height of the ridgeline.
d.
No structure (including decks) shall
5) The setback for decks on the
be located closer than 20 feet from
rimrock side of the dwelling
the edge of the rimrock unless the
shall be the average of the decks
Planning Director or Hearings Body
on the abutting lots or parcels as
finds that the lesser setback will
measured from the front yard
make the structure less visible or the
line of the subject property and
structure is completely screened from
in no case shall extend and
the river or stream, except as
protrude over the rimrock.
described in the exception section (f),
(Orc,..2007_U2O.5~2007yOrd. 2005-002 § 1,
below.
2005; Ord. 2000-033 § 3, 2000; Ord. 92-034
e.
Where multiple nonagricultural
§ 2, 1992)
structures are proposed on a lot or
parcel, the structures shall be
grouped or clustered so as to
maintain a general appearance of
open landscape for the affected area.
This shall require a maintenance of at
PAGE 2 OF 2 - DRAFT EXHIBIT "E" TO ORDINANCE 2007-020 (10/22/2007)
Exhibit "F"
Community Development Department
I Planning Division Building Safety Division Environmental Health Division
41
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
Memorandum
TO: Deschutes County Board of County Commissioners
FROM: Kristen Maze, Associate Planner
DATE: October 22, 2007
SUBJECT: Text Amendment TA-07-3 Deschutes County Code Title 18
The Deschutes County Board of County Commissioners ("Board") will hold a public hearing on
October 22, 2007, at the Deschutes Services Center, starting at 10:00 a.m. The Commissioners
will consider various text amendments and edits that modify Deschutes County Code Title 18.
Background
Administration of the Deschutes County Development Code over time and changes in State
Administrative Rules has revealed the need to amend our current Code. The proposed changes
are intended as simple changes that would;
• remove sections in our Code that have become obsolete,
• clarify language for administration purposes, and
• make necessary changes that satisfy changes required by State Administrative Rule.
III. Draft Text Amendment
The four proposed text changes listed in the attached table are underlined for new language
and shown as strokethmugh for deleted language (Attachment 1).
IV. Review Criteria
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative
zoning text amendment. Staff shall determine that the proposed Title 18 text amendments are
consistent with state statute, the Statewide Planning Goals and the County's Comprehensive
Plan. The parameters for evaluating these text amendments are based on whether there are
adequate factual findings that demonstrate consistency with Statewide Goal 1, Citizen
Involvement and Goal 2 Land Use Planning and the County's own zoning and land use goals
and policies.
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Quality Services Performed with Pride
Exhibit "F"
V. Findings
The proposed amendment would revise Deschutes County Code Title 18 for editing and
clarification purposes, and meeting state administrative requirements.
For purposes of this discussion, the proposed amendments would satisfy Statewide Goal 1,
Citizen Involvement, and Goal 2 Land Use Planning.
• Goal 1 would be satisfied through our County text amendment process that includes a
Planning Commission work session, followed by a Planning Commission public hearing,
completed with County Board of Commissioners work session and public hearing.
• Goal 2 was reviewed by staff for compliance with the proposed text amendments and
determined not to be adversely affected.
• The other Statewide Goals 3 through 14 were reviewed and determined that they are not
applicable to this proposal.
The proposed amendment would have no effect on Deschutes County Comprehensive Plan
goals and policies. Various Sections of the Deschutes County Code Title 18 listed in the
attached table are the regulations that require amending at this time.
Planning Commission Recommendation and Vote
The Planning Commission recommended that the proposed text amendments outlined in the
attached table be forwarded to the Board for approval. The motion was unanimously in favor of
the proposed text changes.
VI. Recommendation
Staff recommends that the Board;
1. Hold a public hearing,
2. Provide staff direction for changes and approve the proposed Title 18 text
changes.
Attachments:
1. DCC Title 18 Text Amendment Table
2. Ordinance
3. Codes
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