2008-535-Minutes for Meeting April 02,2008 Recorded 4/15/2008DESCHUTES COUNTY OFFICIAL RECORDS CJ i~o8~535
NANCY BLANKENSHIP, COUNTY CLERK V1
COMMISSIONERS' JOURNAL 0415/2008 08:32:17 AM
IIIIIIIIIIIII I II III
I III
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Deschutes County Clerk
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statement, in accordance with ORS 205.244:
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.oriz
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, APRIL 2, 2008
Present were Commissioners Tammy Melton and Michael M. Daly; Commissioner
Dennis R. Luke was out of the office. Also present were Dave Kanner, County
Administrator; Erik Kropp, Deputy County Administrator; Kristen Maze, Community
Development Department; Timm Schimke, Solid Waste Department; Anna Johnson,
Communications; and three other citizens. No representatives of the media were
present.
Vice Chair Melton opened the meeting at 1: 30 p.m.
1. Solid Waste Update.
Timm Schimke said that the spring tire event brought in 858 vehicles and 171 tons
of tires. The event is geared towards average citizens, and no service stations or
similar businesses should participate. Some are taking undo advantage of the
event by bringing in tires from wrecking yards or other businesses. Mr. Schimke
suggested that perhaps a number limit should be set on how many tires someone
can bring in. Normally there is a fee attached for disposing of tires; typically $5
for a tire and an additional $3 for the rim. A flat fee could be charged for anyone
bringing in a large number of tires.
Statewide Solid Waste Committee is now called the State Solid Waste Forum.
The group meets regularly and Mr. Schimke is by default the central and eastern
Oregon member.
2. Work Session regarding GIS Mapping - Text Amendment.
Kristen Maze gave an overview of the item, which has received no negative public
input.
Minutes of Administrative Work Session Wednesday, April 2, 2008
Page 1 of 2 Pages
3. Consideration of Economic Development Grant Request.
Des Chutes Historic Museum (Deschutes County Historical Society) Special
Event - for a raffle item. Commissioners Baney and Daly grated $100 each.
4. Update of Commissioners' Meetings and Schedules.
Commissioner Daly said he met with some La Pine people in Redmond yesterday;
most of the meeting with congenial. He believes they are starting to realize the
way things are related to the groundwater issue. A representative of Cascade
Policy Institute was there as well. A lengthy discussion then occurred.
Commissioner Melton observed that the Drug Court graduation on March 31 was
very well done. She will be speaking at a dedication ceremony at the KIDS
Center on April 3.
5. Other Items.
Dave Kanner said that the Health Department wants to apply for an $8,000 grant
for a pilot project that is sponsored by the EPA. The money would go to maternal
child health program related to environmental hazards in the homes.
Commissioner Melton said John Doyle wants to meet with the Board. He has an
issue with his past encounters with law enforcement. Mr. Kanner pointed out that
since the Sheriff is charge of his personnel, there is not much the Board can do for
him.
Being no further discussion, the meeting adjourned at 2:10 p. m.
DATED this 2nd Day of April 2008 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
,.,?Z
.,O~Z 9//,00"
Mic a'I M. Daly, C mmissioner
Minutes of Administrative Work Session
Page 2 of 2 Pages
Wednesday, April 2, 2008
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., WEDNESDAY, APRIL 2, 2008
Solid Waste Update - Timm Schimke
2. Work Session regarding GIS Mapping - Text Amendment - Kristen Maze
3. Consideration of Economic Development Grant Requests
4. Update of Commissioners' Meetings and Schedules
5. Other Items
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real
property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at
1300 NW Wall St., Bend, unless otherwise indicated.
If you have questions regarding a meeting, please call 388-6572.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Solid Waste Update
April 2, 2008 1:30 p.m.
Amanda
1. Spring Tire Event
858 vehicles
171 tons
Considering charging for large loads
2. State Solid Waste Forums
3. Other
Community Development Department
F 1 Planning Division Building Safety Division Environmental Health Division
77
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX(541)385-1764
http://www.co.deschutes.or.us/cdd/
Staff Report
TO: Deschutes County Board of County Commissioners
FROM: Kristen Maze, Associate Planner
DATE: April 2„ 2008
SUBJECT: Text Amendment TA-08-1 Deschutes County Code Chapter 18.12 Establishment
of Zones
The Deschutes Board of County Commissioners ("Board") will hold a work session on April 2,
2008. The Commissioners will consider a text amendment for Deschutes County Code Section
18.12 Establishment of Zones: Specifically, section 18.12.030 recognizing geographic
information system (GIS) maps as the official copy used by the Deschutes County staff and
adding language to section 18.12.040 Zone Boundaries that identifies protocol for disputes
regarding any zone map classification.
Background
This is a Deschutes County Community Development Department ("CDD") staff initiated text
amendment. This amendment will identify in our existing code, section 18.12.030 Zoning Map,
the use of the electronic map layer within the County GIS as the official map copies.
Deschutes County's GIS program was started in 1991 when Road Department management
suggested building a geographic information system to create and maintain Tax Assessor's
Maps. The GIS program has evolved to a point where it routinely performs geographic analysis
and creates different mapping products for multiple county departments. Today's technology
has put GIS capability on user desktops easily and economically for County staff as well as
community users. Today our GIS program operates under the Community Development
Department and is vital to staff's mapping knowledge and efficiency.
This amendment will recognize our current mapping process. The Deschutes County Clerk's
office will continue to record and maintain all permanent media pertaining to zoning and
comprehensive plan maps. All amendments will also be recorded and maintained with the
County Clerk. The updated and amended mapping will be reflected in the GIS electronic maps
CDD staff accesses daily.
Staff has found this amendment to be consistent with Deschutes County's Comprehensive plan
and the County's existing land use mapping process.
Quality Services Performed with Pride
Draft Text Amendment
The proposed text amendment outlined in the attached Ordinance are underlined for new
language and shown as stFikethF9WO14 for deleted language (Attachment 1). These proposed text
changes have been reviewed by the County Clerk and the County Legal Department.
In addition to the amendment to section 18.12.030, staff is making typo corrections to section
18.12.010 and adding existing zone districts that are not included in the code. Language is
proposed for section 18.12.040 Zone Boundaries, to address any disputes to the zoning
classification of a property.
Review Criteria & Findings
The proposed amendment revises Deschutes County Code Title 18, Establishment of Zones.
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative
zoning text amendment. Therefore, the county must determine that the proposed Title 18 text
amendments are consistent with the Statewide Planning Goals and the County's
Comprehensive Plan. The parameters for evaluating these text amendments are based on
whether there are adequate findings that demonstrate this consistency.
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,
Board of Commissioners work session and public hearing.
• Goal 2 was reviewed for compliance. The text amendment meets the intent because it
would have no effect on Deschutes County Comprehensive Plan goals and policies
because the current Comprehensive Plan does not address the County mapping
designations. Staff intends to address the Comprehensive Plan designation and
mapping in the proposed Comprehensive Plan Update currently under consideration.
The Deschutes County Code Chapter 18.12 Establishment of Zones would be the only
regulation that requires amending at this time.
• The other Statewide Goals 3 through 14 were reviewed and are not applicable to this
text amendment proposal because it simply addresses Deschutes County codification of
the electronic mapping as official copies to the permanent media maps recorded in the
Clerks office.
Recommendation
Staff recommends that the Board;
1. Review and discuss the draft text amendments.
2. Schedule a public hearing for proposed Ordinance 2008-009.
Attachments:
1. Establishment of Zones Ordinance 2008-009 and Exhibits
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending the Deschutes County Code *
Title 18, Establishment of Zones. * ORDINANCE NO. 2008-009
WHEREAS, the Deschutes County Community Development staff has initiated a text amendment to
Title 18 for Chapter 18.12 Establishment of Zones recognizing the Geographic Information System (GIS) as the
official copy used by the Deschutes County staff and to clarify language in the Code; and
WHEREAS the Planning Commission considered this matter after public hearing on March 13, 2008
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 April XX, 2008 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, 18.12, 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 str-ikethr-etigh.
PAGE 1 OF 2 - ORDINANCE NO. 2008-009 (4/xx/08)
Section 3. FINDINGS. The Board of Commissioners adopts as it findings in support of this
amendment as in Exhibit "B" attached and incorporated by reference herein.
Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
ATTEST:
TAMMY MELTON, VICE CHAIR
Recording Secretary MICHAEL M. DALY, COMMISSIONER
Date of 1St Reading: day of 12008.
Date of 2°d Reading: day of , 2008.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Tammy Melton
Michael M. Daly
Effective date: day of , 2008.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2008-009 (4/xx/08)
Chapter 18.12. ESTABLISHMENT OF ZONES
18.12.010. Establishment of Zones.
18.12.020. Location of Zones.
18.12.030. Zoning Map.
18.12.040. Zone Boundaries.
18.12.010. Establishment of Zones.
For the purpose of DCC Title 18, the following primary zones, combining zones, subzones and
unincorporated community zone districts are hereby established:
A. Yrunary Gones.
Prima Zones
Abbreviations
Airport Development
AD
Exclusive Farm Use Zones
EFU
Flood Plain
FP
Forest Use
F 1
Forest Use
F2
Multiple Use Agriculture
MUA10
Open Space and Conservation
OS&C
Rural Commercial
RC
Rural Industrial
RI
Rural Residential
RR10
Surface Mining
SM
13. Uombmme Zones.
Combining Zones
Abbreviations
Airport44ei&Safety
A14S
Conventional Housing
CH
Destination Resort
DR
Landscape Management
LM
Limited Use
LU
Sensitive Bird & Mammal Habitat
SBMH
Surface Mining Impact Area
SMIA
Wildlife Area
WA
C. Exclusive Farm Use Subzones.
Exclusive Farm Use Subzones
Abbreviations
Alfalfa
EFUAL
Horse Ridge East
EFUHR
La Pine
EFULA
Lower Bridge
EFULB
Sisters/Cloverdale
EFUSC
Terrebonne
EFUTE
Tumalo/RedmondBend
EFUTRB
D. Unincorporated Community Zones.
1. La Pine Urban Unincorporated Community.
La Pine Planning Area
Abbreviations
Commercial District
LPC
Community Facility District
LPCF
Community Facility Limited District
LPCFL
Flood Plain District
LPFP
Industrial District
LPI
Business Park District
LPBP
Residential District
LPR
Sewer Treatment District
LPST
Neighborhood Planning Area
Abbreviations
Neighborhood Community Facility
LPNCF
Neighborhood Community Facility Limited LPNCFL
Neighborhood Commercial
LPNC
Neighborhood Park
LPNPK
Neighborhood Open Space
LPNO
Neighborhood Residential Center
LPNRC
Neighborhood Residential General
LPNRG
ickiu Planning Area
P
Abbreviation
wickiup Commercial/Residential
LPWCR
z. ~iunnver uroan umncorporatea commum
Sunriver Districts
Abbreviations
Airport District
SUA
Business Park District
SUBP
Commercial District
SUC
Community General District
SUCG
Community Limited District
SUCL
Community Neighborhood District
SUCN
Community Recreation District
SUCR
Flood Plain Combining District
SUFP
Forest District
SUF
Multiple Family Residential District
SURM
Resort District
SUR
Resort Equestrian District
SURE
Resort Golf Course District
SURG
Resort Marina District
SURA
Resort Nature Center District
SURN
Single Family Residential District
SURS
Utility District
SUU
j. 1 errenonne Kural uommum
Terrebonne Districts Abbreviations
Commercial District TeC
Commercial-Rural District TeCR
Residential District TeR
Residential-5 acre minimum
District TeR5
4. 1 umalo Kural C:ommum
Tumalo Districts
Abbreviations
Commercial District
TuC
Flood Plain District
TuFP
Industrial District
TuI
Residential District
TuR
Residential-5 acre minimum
District
TuR5
Research & Development District
TuRE
5. Rural Service Center.
Commercial/Mixed Use Districts Abbreviations
Brothers, Hampton, Millican, Whistlestop,
Wildhunt RSC-C/M (B,H,M,W,W)
Alfalfa RSC-C/M (A)
Alfalfa Residential RSC-R(A)
Brothers Open Space RSC-OS
6. Black Butte Ranch Resort Communi
Black Butte Ranch District
Abbreviations
Resort District
BBRR
Surface Mining District/Limited Use
BBRSM
Utility District/Limited Use
BBRU
7. Inn of the 7°' Mountain/Widgi Creek Resort Community
Inn of the 7`h Mountain/ Widgi Creek District Abbreviations
Resort District SMWCR
Widgi Creek Residential District WCR
(Ord 2008-XXX §X, 2008, Ord. 2006-008 §2, 2006; Ord. 2005-016 §1, 2005, Ord. 2002-019 §1,
2002, Ord. 2002-001, §1, 2002, Ord. 2001-048 §4, 2001, Ord. 2001-044 §2, 2001; Ord. 98-063 §2,
1998; Ord. 96-003 §4, 1996; Ord. 92-025 §5, 1992)
18.12.020. Location of Zones.
The boundaries for the zones listed in DCC Title 18 are indicated on the Deschutes County Zoning
Map which is hereby adopted by reference. The boundaries shall be modified subject to zoning
map amendments which shall be adopted by reference.
(Ord. 91-020 § 1, 1991)
18.12.030. Zoning map.
A zoning map amendment adopted by DCC 18.12.020, above, or by an amendment thereto shall be
prepared by authority of the Planning Director or Hearings Body or Board of County
Commissioners. The map or map amendment shall be dated with the effective date of the order or
ordinance that adopts the map or map amendment. The Deschutes County zoning map exists in
official replica form as an electronic map layer within the County geographic information system.
The official copy of the electronic version of the zoning map shall contain a legal description of the
area to be amended, a map reflecting the previous zoning and a map of the amendment printed onto
permanent media, recorded and maintained in the office of the County Clerk. An ee4ified-original
printed version of the adopted map or map amendment signed by the Board of County
Commissioners shall be maintained in the office of the County Clerk. as long as the map adepti
(Ord 2008-XX § X, 2008, Ord. 91-020 § 1, 1991)
18.12.040. Zone Boundaries.
Unless otherwise specified, zone boundaries are section lines, subdivision lines, lot lines, center
lines of street or railroad rights of way, water courses, ridges or rimrocks, other readily recognizable
or identifiable natural features, or the extension of such lines. In case of any dispute regarding the
zoning classification of property subject to the County code, the original ordinance with map exhibit
contained in the official county records will control. Whenever uncertainty exists as to the
boundary of a zone as shown on the zoning map or amendment thereto, the following rules shall
apply:
A. Where a boundary line is indicated as following a street, alley, canal or railroad right of way, it
shall be construed as following the centerline of such right of way.
B. Where a boundary line follows or approximately coincides with a section lines or division
thereof, lot or property ownership line, it shall be construed as following such line.
C. If a zone boundary as shown on the zoning map divides a lot or parcel between two zones, the
entire lot or parcel shall be deemed to be in the zone in which the greater area of the lot or
parcel lies, provided that this adjustment involves a distance not exceeding 100 feet from the
mapped zone boundary. DCC Title 18 does not apply to areas zoned flood plain.
(Ord 2008-XX § X, 2008, Ord. 91-020 §1, 1991; Ord. 91-005 §3, 1991; Ord. 80-206 §2, 1980)
Chapter 19.88. PROVISIONS APPLYING TO SPECIAL USE STANDARDS
19.88.010. Automobile Service Stations-Minimum Standards.
19.88.020. Kennels, Riding Academies and Public Stables.
19.88.030. Cemetery, Crematory or Mausoleum.
19.88.040. Churches, Hospitals or Other Religious Institutions.
19.88.050. Community Buildings, Social Halls, Lodges, Fraternal Organization and Clubs.
19.88.060. Drive-In Theaters.
19.88.070. Keeping of Livestock.
19.88.080. Repealed.
19.88.090. Temporary Permits For Manufactured Homes.
19.88.100. Mines, Quarries, Gravel Pits or Gravel Removal Sites.
19.88.110. Repealed.
19.88.120. Utilities.
19.88.130. Rear Lot Permits.
19.88.140. Home Occupation.
19.88.150. Landing Strips for Aircraft and Heliports.
19.88.160. Day Care Facility.
19.88.170. Housing for the Elderly.
19.88.180. Plant Nursery.
19.88.190. Hydroelectric Facilities.
19.88.200. Repealed.
19.88.210. Solar Setbacks.
19.88.220. Solar Access Permit.
19.88.230. Time-Share Unit.
19.88.240.
Fill and Removal.
19.88.250.
Dwelling Groups.
19.88.260.
Bed and Breakfast Inn.
19.88.270.
Temporary Use.
19.88.280.
Manufactured Homes.
19.88.290.
Farm Stands
19.88.010. Automobile Service Stations-Minimum Standards.
A. Location. No portion of any service station shall hereafter be constructed within 1,500 feet of any part
of a building housing another service station, except where such other service station is abandoned and
subject to removal under DCC 19.88.010. This shall not prevent the remodeling of an existing service
station. DCC 19.88.010(A) shall not apply to any service station which includes as part of its operation
on the site a retail grocery store and a restaurant which provides indoor service and seating for
restaurant customers.
B. Minimum Lot Size. The minimum lot size for a service station site shall be 12,000 square feet. The
minimum street frontage on the major traffic-carrying street of a corner lot shall be 100 feet. The
minimum street frontage for a service station site on an interior lot shall be 120 feet. The minimum lot
depth shall be 100 feet.
C. Setbacks. Service stations shall set back from property lines not less than 10 feet. Attached or
free-standing canopies may not extend closer than 10 feet to the property line. The minimum 10-foot
distance between property line and building shall be appropriately landscaped as a continuation of the
service station's required landscaping.
PAGE 1 OF 1544~ - EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
D. Screening. A sight-obscuring fence or wall not less than six feet or more than eight feet or an evergreen
hedge planted at four feet and capable of obtaining six feet in height shall be provided between the
service station and abutting property in a residential zone or used for residential purposes. Said wall,
fence or hedge shall be reduced to 2.5 feet in vision clearance areas. A screened trash enclosure shall be
provided on each station site.
E. Landscaping. Landscaping shall be installed and maintained, occupying a minimum of five percent of
the station site's net area. Plans for landscaping shall be approved during site plan review.
F. Lighting. Lighting shall be of such illumination, direction, color and intensity as not to create a
nuisance on adjacent property or to create a traffic hazard. Wiring for the business and its signs and
light fixtures shall be underground.
G. Other Requirements. No storage of inoperative automobiles or parts thereof shall be permitted, except
in enclosed structures, for any period exceeding 72 hours. Off-street parking space shall be provided for
each attendant of the largest shift. Sales, storage and display of merchandise shall be conducted within
a building, except for gasoline, oil, windshield wiper blades and other accessories of like size. Use of
property for service station may also include the sale and installation of motor vehicle accessories,
minor vehicle repairs (such as tune-ups, tire repair and the like), emergency vehicle repairs and any
other sales, service or activity otherwise permitted within the zone.
H. Abandonment. Whenever a service station is not used as such for a continuous period of nine months,
all structures and facilities above and below the ground shall be removed by the owner. Operation for at
least 90 consecutive days shall be required to interrupt a continuous nine-month period. All service
stations which are unused for nine months as provided above are hereby declared to be nuisances and
subject to abatement as provided in DCC Title 19.
(Ord. 90-038 §1, 1990; Ord. 87-031 §1, 1987)
19.88.020. Kennels, Riding Academies and Public Stables.
In an UAR-10 or SR 2 1/2 zone, kennels, riding academies and public stables shall be located not less than
200 feet from any property line, shall provide automobile and truck ingress and egress and also provide
parking and loading spaces so designed as to minimize traffic hazards and congestion. Applicants shall
show that odor, dust, noise and drainage shall not constitute a nuisance, hazard or health problem to
adjoining property or uses.
(Ord. 90-038 §1, 1990)
19.88.030. Cemetery, Crematory or Mausoleum.
A cemetery, crematory or mausoleum shall have its principal access on a major street or road with ingress
and egress so designed as to minimize traffic congestion and shall provide required SR or off-street parking
space. Cemeteries located within any R zone or abutting such zone shall establish and maintain appropriate
landscaping and screening to minimize the conflict with abutting residential uses.
(Ord. 90-038 §1, 1990)
19.88.040. Churches, Hospitals or Other Religious Institutions.
In any residential zone, churches, hospitals or other religious institutions may be located on an arterial or
collector street. Such uses may also be located on a local street provided that there is sufficient access to
arterial or collector streets and that such uses do not unduly impact residential areas. Access and required
off-street parking shall be designed to minimize impact on existing traffic patterns and adjoining properties.
All buildings shall be set back 30 feet from side and rear lot lines and all off-street parking facilities shall be
screened from abutting properties. No sign shall exceed 10 square feet in size or be internally illuminated.
(Ord. 88-044 §1, 1982)
19.88.050. Community Buildings, Social Halls, Lodges, Fraternal Organization and Clubs.
All buildings shall be set back a minimum of 30 feet from a side or rear lot line. There shall be no external
evidence of any incidental commercial activities taking place within the building. All such uses shall be
located on a major street or road and be able to provide access without causing traffic congestion on local
residential streets.
PAGE 2 OF 151544 - EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
(Ord. 90-038 §l, 1990)
19.88.060. Drive-in Theaters.
Drive-in theaters shall be located only on a major street or road, shall provide ingress and egress designed to
minimize traffic congestion, shall be so screened from any residential zone or dwelling that any noise shall
not disturb residents or prospective residents, shall maintain signs and other lights only in such a way as not
to disturb neighboring residents and shall be so designed that the screen will be set back from and shall not
be clearly visible from any highway.
(Ord. 90-038 §1, 1990)
19.88.070. Keeping of Livestock.
The Planning Commission may authorize the keeping of livestock as a conditional use in an RS, SR or R
zone, subject to the following standards:
A. One horse, cow, goat, sheep, swine or other livestock shall have a corral or pasture with a usable area of
at least 7,500 square feet; two horses, cows, goats, sheep, swine or other livestock, at least 10,000
square feet; and for each additional horse, cow, goat, sheep, swine or other livestock, at least 5,000
square feet, but in no case shall the above use be allowed on any parcel of land less than one acre in
size.
B. No enclosure for horses, cows, goats, sheep, swine or other livestock shall be located closer than 100
feet to a neighboring dwelling.
C. Fences erected in connection with the keeping of livestock shall be of lumber or other standard fencing
material (not including barbed wire or electric fence), shall be kept in good repair and shall be at least
four feet in height. A fence shall meet the setback requirements of the zone.
(Ord. 90-038 §1, 1990)
19.88.080 (Repealed by Ord. 90-038 1990)
19.88.090. Temporary Permits for Manufactured Homes.
Temporary use permits for manufactured home or trailer house type units may be authorized by the
Planning Director in the following circumstances upon such terms and conditions as prescribed by the
Planning Director.
A. Temporary use permits may be granted in favor of schools for a specified time.
B. Temporary use permits may be granted in residential zones for relatives of the family residing on the
property if the manufactured home will be used because of a medical problem requiring the use of such
a unit. The existence of a medical problem shall be supported by the certificate of a medical doctor.
The permit shall not exceed one year and may only be renewed with another certificate from a medical
doctor.
C. Temporary use permits may be granted in connection with construction projects. The duration of such
permits shall not continue beyond the construction period and the permit shall terminate upon
occupancy of the building being constructed. The Building Official may issue such permits.
(Ord. 90-038 §1, 1990)
19.88.100. Mines, Quarries, Gravel Pits or Gravel Removal Sites.
Extractions from deposits of rock, stone, gravel, sand, earth, minerals or building or construction materials
shall not be construed to be a permitted use in any zone of DCC Title 19 (except as outlined in DCC 19.16
for permitted uses in an SM zone) unless a conditional use permit shall first have been obtained as provided
in DCC 19.100, except for on-site excavation and grading in conjunction with a specific construction or
improvement project. The Planning Commission shall have the power to grant conditional use permits,
which are valid for a specific period of time or are revocable, to permit extractions from deposits of rock,
stone, gravel, sand, earth, minerals or building or construction materials. Odors, dust, noise or drainage
shall not be permitted to create or become a nuisance to surrounding property.
(Ord. 90-038 §1, 1990)
19.88.110 (Repealed by Ord. 90-038, 1990)
PAGE 3 OF 155 - EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
19.88.120. Utilities.
The erection, construction, alteration or maintenance by public utility or municipal or other governmental
agencies of underground, overhead, electrical, gas, steam or water transmission or distribution systems,
collection, communication, supply or disposal system, including poles, towers, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar
equipment and accessories in connection therewith, but excluding buildings, may be permitted in any zone.
Utility transmission and distribution lines, poles and towers may exceed the height limits otherwise provided
for in DCC Title 19. However, in considering an application for a public utility use, the Hearings Body or
Planning Director shall determine that the site, easement or right of way is located to best serve the
immediate area, and in the case of a right of way or easement, will not result in the uneconomic parceling of
land. As far as possible, transmission towers, poles, overhead wires, pumping stations and similar gear shall
be located, designed and installed to minimize their effect on scenic values.
(Ord. 90-03 8 § 1, 1990)
19.88.130. Rear Lot Permits.
A. Purpose. The purpose of DCC 19.88.130 to permit development of deep lots in residential areas which
are incapable of being subdivided or otherwise developed under the strict application of DCC Title 19.
No deep lots or other larger parcels of land may be developed under DCC 19.88.130 if the property is
physically capable of being subdivided, either separately or in conjunction with adjacent properties,
either now or in the future. Any property proposed to be developed under DCC 19.88.130 shall comply
with all of the following eligibility and development requirements.
B. Eligibility. Property must be less than four acres in area. Property must be so situated that further
subdivision or segregation under terms of other applicable county ordinances and regulations is not
possible, either individually or in conjunction with any other adjacent property. Minimum Area: Twice
that required by the applicable zone. Minimum Depth: 200 feet. Minimum Width: As required by
applicable zones.
C. Development Standards. Provided the eligibility requirements are met, a permit may be issued subject
to the following standards and criteria:
1. Front Parcel: Minimum Lot Width: Ten feet less than required by applicable zones. Minimum Lot
Depth: 100 feet. Yard Requirements: Same as required in applicable zones.
2. Rear Parcel: Access Way Minimum: Twenty feet for first 150 feet; 30 feet if access way is greater
than 150 feet. Maximum Access Way Width: Thirty feet. Yard Requirements: No building shall
be erected within 10 feet of any property line. Area of rear lot shall be within 15 percent of the area
of the front lot. Access way shall be paved and shall be an integral part of the rear lot.
Development of property is subject to approval by the Planning Director or Hearings Body.
Applicant shall submit a site plan for all buildings, structures and other improvements, such as
roadways, walks and parking facilities to the Planning Director or Hearings Body for approval. All
improvements made on the property shall conform to the plans as approved by the Planning
Director or Hearings Body.
(Ord. 90-038 §1, 1990)
19.88.140. Home Occupation.
An occupation carried on within a dwelling by members of the family occupying the dwelling with no
servant, employee or other persons being engaged, provided the occupation is conducted in such a manner
as not to give an outward appearance nor manifest any characteristics of a business in the ordinary meaning
of the term nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their
homes. Such occupations shall be a secondary use on the premises, shall not occupy more than 25 percent
of the floor area of one floor of the dwelling and there shall be no stock in trade stored or displayed or goods
sold upon the premises. Signs shall be permitted according to the provisions of the sign ordinance. For
purposes of DCC Title 19, nursery schools and kindergartens shall not be considered home occupations in
residential zones.
PAGE 4 OF 154--q4 - EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
(Ord. 90-038 §1, 1990)
19.88.150. Landing Strips for Aircraft and Heliports.
All landing strips and heliports for aircraft shall be so designed and facilities so oriented that the incidence
of aircraft passing directly over dwellings during their landing or taking off pattern is minimized. They shall
be located so that traffic, both land and air, shall not constitute a nuisance to neighboring uses. The
proponents shall show that adequate controls or measures will be taken to prevent offensive noise,
vibrations, dust or bright lights. New landing strips and heliports shall not be construed to be a permitted
use in any zone established by DCC Title 19 unless and until a conditional use permit has been secured
therefore.
(Ord. 90-038 §l, 1990)
19.88.160. Day Care Facility.
Day care facilities shall have a minimum site size of 5,000 square feet and shall provide and thereafter
maintain outdoor play areas with a minimum area of 100 square feet per child of total capacity. All outside
play shall be enclosed by a fence of at least four feet but not more than six feet in height. Day care facilities
and nursery schools shall provide adequate off-street parking and loading spaces and may be required to
provide a driveway designed for continuous forward flow of passenger vehicles for the purposes of loading
and unloading.
(Ord. 88-042 §37, 1988)
19.88.170. Housing for the Elderly.
The purpose of DCC 19.88.170 is to establish standards for housing developments for the elderly within the
RH zone. Housing developments for the elderly shall be exempted from applicable zone regulations only
insofar as the provisions in DCC 19.88.170 conflict with appropriate regulations.
A. The minimum lot area for single and two-family dwellings shall be 5,000 square feet. For each
additional dwelling unit, the original lot's area shall be increased by 360 square feet provided that more
than 50 percent of the dwelling units shall be studio apartments. For the purpose of DCC 19.88.170, a
studio apartment is defined as an apartment with one principal room and having no bedrooms.
B. The combined lot coverage of all structures shall not exceed 50 percent of the lot area.
C. Off-street parking shall be provided as follows: Total Off-Street Parking Area - .75 space per dwelling
unit. Improved Off-Street Parking Area - .33 space per dwelling unit. As long as the multiple-family
dwelling serves as housing for the elderly in terms of the original intent for the development, the smaller
parking requirement shall apply. Any applicant must provide a site plan showing the total off-street
parking area including access and parking spaces in the event the development ceases to serve as
housing for the elderly or requires additional parking. In the event that the development ceases to serve
as housing for the elderly in terms of the original intent of the development, and the larger off-street
parking area does not meet the parking needs of the development, the Planning Commission may
require development of the total or larger off-street parking area.
(Ord. 90-03 8 § 1, 1990)
19.88.180. Plant Nursery.
A plant nursery deals primarily with raising and selling shrubs, trees, ornamental bedding plants and the
like. Such a use may be approved in a UAR, SR 2 1/2, RS or RL zone upon compliance with the following
standards:
A. Location on an arterial street.
B. If the proposed location is on a major highway, such as 97 or 20, then access to the site shall be from a
frontage road or secondary street.
C. Since these operations are commercial in nature, they shall be permanently and well landscaped,
respecting the character of a residential area or entrance into the community.
D. Site plan review shall consider the need for a subdued use of lights, the need for adequate parking,
berms, screens, etc., for separation of parking and other activities from existing and future residences.
(Ord. 90-038 §1, 1990)
PAGE 5 OF 151544 - EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
19.88.190. Hydroelectric Facilities.
Low-head hydroelectric generating facilities shall be considered a conditional use in all zones subject to the
procedures of DCC 19.100 and the following standards:
A. No new hydroelectric facilities shall be constructed, and no existing hydroelectric facilities shall be
enlarged or expanded in size of area or generating capacity on the following rivers and streams within
the Bend Urban Growth Boundary: Tumalo Creek.
B. Hydroelectric facilities are allowed as a conditional use on the Deschutes River within the Bend Urban
Growth Boundary (from River Mile 171 below Lava Island Falls downstream to River Mile 160). Such
conditional use within the Bend Urban Growth Boundary shall be governed by the conditions set forth
in DCC 19.100.
(Ord. 86-017 § 15, 1986)
19.88.200. (Repealed by Ord. 99-001, 1999)
19.88.210. Solar Setbacks.
A. Purpose. The purpose of DCC 19.88.210 is to provide as much solar access as practical during the
winter solar heating hours to existing or potential buildings by requiring all new structures to be
constructed as far south on their lots as is necessary and feasible.
B. Standards. Every new structure or addition to an existing structure shall meet the following standards
except as provided in DCC 19.88.210(C):
1. South Wall Protection Standard. The south wall protection standard is established in Appendix A,
and all new structures or additions shall meet this standard if feasible. If it is not feasible due to
physical constraints of the lot, including but not limited to, rock outcroppings, septic systems,
existing legal restrictions or lot dimensions as determined by the Planning Director, then the
structure or addition must be located as far to the south on the lot as feasible and must meet the
standard set forth in DCC 19.88.210(B)(3)(b).
2. South Roof Protection Standard. All new structures or additions to existing structures shall meet
the standard for south roof protection set forth in Appendix B.
3. Exceptions. The south roof protection standard shall not apply only if the applicant establishes:
a. That the structure cannot be located on the lot without violating the requirements contained in
Appendix B of Ordinance No. 83-041; and
b. That the structure is built with its highest point as far to the south as feasible; and
i. That the structure is a single-family residence with a highest point less than or equal to 16
feet high; or, if not a single-family residence;
ii. That it is a permitted or conditional use for the lot.
C. Exemptions.
1. The governing body may exempt from the provisions of DCC 19.88.210 any area which it
determines unfeasible for solar use because the area is already substantially shaded due to heavy
vegetation or steep north facing slopes and any area or zone in which taller buildings are planned.
2. The Planning Director shall exempt a structure from the provisions of DCC 19.88.210 if the
structure will shade only a protected area in which solar uses are not feasible because the protected
area is already substantially shaded at the time a request for exemption is made and approved by the
Planning Director.
3. The Planning Director shall exempt a structure from the provisions of DCC 19.88.180, if the
structure is in conformance with a solar height restriction as provided in Ordinance 81-043,
Deschutes County Subdivision/Partition Ordinance, as amended.
(Ord. 83-041 §3, 1983)
19.88.220. Solar Access Permit.
A. Purpose. The purpose of DCC 19.88.220 is to provide solar access to productive solar collectors by
establishing limitations, on a case-by-case basis, for the growth of vegetation on certain lots in the
vicinity of a productive solar collector.
PAGE 6 OF 154- EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
B. Application for Solar Access Permit.
1. Any owner may submit an application for a solar access permit to provide solar access for a
productive solar collector located on the owner's real property.
2. The application for a solar access permit shall be on forms prescribed by the county and shall
contain, at a minimum:
a. A legal description of the applicant's lot, including a statement that the applicant is the owner of
the lot, and a description of the nature of the applicant's interest in the lot.
b. Documentation to show that the solar collector is or will be a productive solar collector within
one year of application.
c. Descriptive drawings of the solar collector showing its dimensions and precise location.
d. A sunchart and a statement of the solar heating hours for which solar access is sought.
e. A statement that there is no reasonable alternative location for the solar collector that would
result in a lesser burden on a neighboring lot.
f. A statement that trimming the vegetation on the applicant's lot will not permit an alternative
location that would lessen the burden on a neighboring lot.
g. A list of the lots that are within 150 feet to the south, southeast or southwest of the solar
collector, including streets, alleys and other unbuildable areas; a legal description for each such
lot; the owner of record and his address; the exempt vegetation located on the lot and any
existing nonexempt vegetation likely to encroach on the protected area.
h. A statement that none of the lots impacted are located on a north-facing slope with a grade that
exceeds, on average, 15 percent.
i. A plot plan showing the location of and delineating all exempt and nonexempt vegetation as
shown on the sunchart photograph as well as any nonexempt vegetation not shown on the
sunchart which may encroach on the protected area in the future. The plot plan shall also
include:
i. The exact site of the solar collector, its height and its orientation.
ii. Scale.
iii. An indication of true north.
iv. A survey of the lot.
3. The solar access permit application shall be approved if:
a. The solar collector is or will be a productive solar collector.
b. The protected area to be created by the solar access permit is reasonably located. A solar access
permit shall be denied under DCC 19.88.220(B)(3)(b) if the applicant could trim his own
vegetation to permit an alternative location that would be less burdensome upon a burdened
neighboring lot. A solar access permit shall also be denied under DCC 19.88.220(B)(3)(b) if
there is an alternate location that would impose a lesser burden on a neighboring lot or lots.
c. The applicant requests solar heating hours no greater than two hours before and after the solar
zenith from September 22 to March 21, and three hours before and after the solar zenith from
March 22 to September 21.
d. The solar access provided by the permit does not burden any lot with a north-facing slope with
a grade that exceeds, on average, 15 percent or which is more than 150 feet from the solar
collector.
5. The application is accurate and complete.
C. Solar Access Permit Issuance and Recordation.
1. Upon the approval of an application, the County shall issue and acknowledge a solar access permit
creating the solar access requested in the application.
2. Upon receiving such a permit, the County Clerk shall:
a. Record the solar access permit in the chain of title of the applicant's lot and of each neighboring
lot identified in the application; and
b. Keep a copy of the approved application on file in County Records.
PAGE 7 OF 151-544 - EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
3. The form of the solar access permit shall be as prescribed by the County and shall contain at a
minimum:
a. A legal description of the applicant's lot and each neighboring lot to be burdened by the solar
access created by the solar access permit.
b. A complete description of the solar access restrictions applicable to each neighboring lot,
including the solar heating hours during which solar access is provided and a sunchart showing
the plotted skyline, including vegetation and structures, and a scaled drawing showing the size
and location of the protected area and its orientation with respect to true south.
c. A reference to where the approved application may be obtained.
D. Obligation Created by Solar Access Permit. The owner of any lot burdened by a solar access permit
shall trim any vegetation not exempted on the burdened lot that shades the protected area created by the
solar access permit provided that there is no vegetation on the lot benefited by the solar access permit
that also shades the protected area. The cost of such trimming shall be borne by the owner of the
benefited lot if the vegetation existed at the time of permit application as shown on the plot plan, and for
all other vegetation, by the owner of the burdened lot. Before any trimming is required, the collector
owner must certify that the collector is still productive.
E. Termination of Solar Access Permit.
1. The Planning Director shall terminate the solar access permit with respect to all or part of the
neighboring lots burdened by the solar access permit if a petition for termination is submitted by the
applicant or the applicant's successor in interest or the collector is not productive for 12 consecutive
months.
2. The County Clerk shall record the termination of the solar access permit in the chain of title of each
lot affected by the termination.
(Ord. 83-041 §4, 1983)
19.88.230. Time-Share Unit.
Purpose. The purpose of DCC 19.88.230 is to establish standards for time-share uses within the applicable
zoning district in DCC Title 19.
A. Any time-share unit shall have its primary access on a collector street that does not pass through an
existing developed residential area or on an arterial.
B. Timeshare units in any residential zone and the UAR-10 zone:
1. New time-share units may be developed in vacant areas in applicable zoning districts provided that
such development complies with DCC 19.88.230(A) and the following:
a. That the density of the development shall not exceed that of the existing predominant density
pattern within 500 feet of the site.
b. That such development is appropriately buffered by the use of yards, landscaping, etc., from
adjoining properties as determined during site plan review considering the need for privacy and
the effects of noise.
2. Development of time share units in the RM or RH zones may be allowed provided they comply
with DCC 19.88.230(A) and are buffered from adjacent residentially zoned neighborhoods by
yards, landscaping, berms or other similar features.
3. The Hearings Body or Planning Director may require bonds to assure installation and maintenance
of landscaping, parking and facilities that are part of the buffering scheme. It may also require that
an adequate mechanism will exist, such as an owners' association, that will assure maintenance of
such required facilities.
C. Each time-share unit shall be landscaped and buffered. The landscape and buffering plan shall be
determined by site plan review giving consideration to the need for privacy and the effects of noise.
D. No structure shall be utilized as a time-share unit unless all the units in a development or project are
used as time-share units for this purpose.
(Ord. 83-045 §12, 1983)
PAGE 8 OF 151&4-5 - EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
19.88.240. Fill and Removal.
Except as otherwise provided in DCC Title 19, no person shall fill or remove any material or remove any
vegetation, regardless of the amount, within the bed and banks of any stream or river, or in any wetland,
unless such fill or removal is approved as a conditional use in accordance with the following standards:
A. An application shall be filed containing a plan with the following information.
1. A detailed explanation of the planned fill or removal including the amount of material to be filled or
removed.
2. An explanation of why the fill or removal is necessary.
3. A site plan, drawn to scale and accompanied by such drawings, sketches and descriptions as are
necessary to describe and illustrate the proposed fill or removal. The site plan shall, at a minimum,
include:
a. An inventory of existing vegetation.
b. The proposed modifications, if any, to the vegetation.
c. Existing and proposed site contours.
d. Location of property lines, easements and high-water marks.
e. Other site elements or information which will assist in the evaluation of the proposed fill or
removal.
B. Public facility and service uses, such as construction or maintenance of roads, bridges, electric, gas,
telephone, sewer or water transmission and distribution lines and related facilities controlled by public
utilities or cooperative associations shall not be granted conditional use permits to fill or remove unless
the following findings are made:
1. That all necessary state and federal permits will be obtained as a condition of approval of the
conditional use.
2. That the roads, bridges, transmission and distribution lines and related facilities cannot, as a
practical matter, be located outside of the wetland or bed and bank of the stream or river.
3. That the construction or maintenance requiring the fill or removal will be done in a manner
designed to minimize the adverse impact upon the wetland, stream or river.
4. That erosion will be adequately controlled during and after construction.
5. That the impacts on fish and wildlife habitat from the fill or removal will be minimized to the
greatest extent practical. The Oregon Department of Fish and Wildlife will be requested to review
and comment on the application.
C. Fill or removal required for public park and recreation areas, natural and outdoor education areas,
historic and scientific areas, wildlife refuges, public boat launching ramps, public docks and public
walkways shall not be allowed as a conditional use unless the following findings are made:
1. That all necessary state and federal permits will be obtained as a condition of approval of the
conditional use permit.
2. That only the minimum removal of vegetation or material and dredging or excavation necessary for
construction and maintenance will be done.
3. That the specific location of the site will require the minimum amount of disturbance to the natural
environment, considering alternative locations in the area and methods of construction.
4. That such construction and maintenance is designed and done in such a manner as to minimize the
adverse impact on the site.
5. That erosion will be adequately controlled during and after construction.
6. That the impacts on fish and wildlife habitat by the fill or removal will be minimized to the greatest
extent practical. The Oregon Department of Fish and Wildlife will be requested to review and
comment on the application.
D. Except for uses identified in DCC 19.88.240(B) and (C), an application for a conditional use permit for
activity involving fill or removal of material or vegetation within the bed and banks of a stream, river or
wetland:
1. Shall be granted only after consideration by the Planning Director of the following factors:
PAGE 9 OF 15154-5 - EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
a. The effects on public or private water supplies and water quality.
b. The effects on aquatic life and habitat and wildlife and habitat. The Oregon Department of Fish
and Wildlife will be requested to review and comment on the application.
c. Recreational, aesthetic and economic values of the affected water resources.
d. Effects on the hydrologic characteristics of the water body, such as direction and velocity of
flow, elevation of water surface, sediments transportation capacity, stabilization of the bank and
flood hazards.
e. The character of the area, considering existing stream bank, stabilization problems and fill or
removal projects which have previously occurred.
2. Shall not be granted unless all of the following conditions are met:
a. That all necessary state and federal permits will be obtained as a condition of approval of the
conditional use.
b. That there is no practical alternative to the proposed project which will have less impact on the
surrounding area, considering the factors established in DCC 19.88.240(D)(1).
c. That there will be no significant impacts on the surrounding area, considering the factors
established in DCC 19.88.240(D)(1).
d. That erosion will be adequately controlled during and after the project.
e. That vegetation will maintain the essential character, quality and density of existing growth.
Additional vegetation shall be required if necessary to protect aquatic life habitats, functions of
the ecosystem, wildlife values and aesthetic resources or to prevent erosion.
f. That the proposed fill or removal activity will be consistent with all relevant goals and policies
of the Deschutes County Comprehensive Plan.
g. That a conservation easement, as defined in DCC 19.04.040 shall be conveyed to the County
which provides, at a minimum, that all elements of the project will be carried out and
maintained as approved, in perpetuity, for the regulated fill or removal area, and all real
property on the same lot within 10 feet of any wetland, river or stream.
(Ord. 86-058 §2, 1986)
19.88.250. Dwelling Groups.
Purpose. DCC 19.88.250 is intended to make possible a more desirable living environment than would be
possible through a strict application of the provisions of DCC Title 19. It is intended to encourage
reservation of a greater proportion of open space for visual and recreational uses; to encourage efficient,
aesthetic and desirable uses of land; and to encourage greater diversity and variety in the physical
development pattern of the County. A permit may not be issued for the erection of a dwelling group unless
such dwelling group conforms to all of the following conditions and requirements:
A. The area of the lot on which the dwelling group is to be erected shall be at least 20 percent greater than
the aggregate of the minimum lot areas otherwise required for the individual dwellings in the group.
B. Each building containing a dwelling in the group shall front either on a street or other public open space
at least 50 feet wide or on a common yard or outer court, public or private, not less than 50 feet wide.
C. The distances between two principal buildings shall not be less than the average of their heights and the
distance between any principal buildings and the nearest lot line other than a front lot line shall not be
less than the height of the building.
D. Every building containing a dwelling in the group shall be within 60 feet of an access roadway or drive
having a right of way of at least 20 feet in width providing vehicular access from a public street.
E. Such dwelling group shall conform to all of the requirements of DCC Title 19 for the district in which it
is to be located, except as provided in DCC 19.88.250.
F. All dwelling groups shall be subject to site plan approval as provided in DCC 19.76.
(Ord. 88-042 §36, 1988)
PAGE 10 OF 151&4-5 - EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
19.88.260. Bed and Breakfast Inn.
The inn shall be subject to an annual review for at least the first three years of operation after which time the
Planning Director or Hearings Body, after public hearings, may approve a permanent permit for the inn.
The following minimum standards shall also apply:
A. All inns shall be owner-occupied.
B. Each guest room shall have one off-street parking space, in addition to the parking required for the
dwelling by the provisions of DCC 19.80.
C. All inns shall be inspected and approved by the County Building Official prior to the issuance of an
occupancy permit. Inspection is limited to egress and fire protection. Dwellings must meet all
requirements for egress as defined in the State of Oregon Uniform Building Code. A fee shall be paid
for inspections.
D. Only rooms designed as sleeping rooms shall be used for guest rooms. Guest rooms shall be protected
by a smoke detector as required by state code.
E. There shall be at least 400 feet of separation along the same street between inns.
F. Signing shall be in accordance with the County Sign Ordinance.
G. The bed and breakfast inn shall maintain an up-to-date guest register listing all guests.
H. If an approved inn is not established within one year of the approval date, or if the use of the residence
as an inn lapses for over one year, the approval shall automatically expire and a new application will be
required.
1. All inns shall comply with the provisions of the County's Transient Room Tax Ordinance, where
applicable.
(Ord. 88-042 §36, 1988)
19.88.270. Temporary Use.
Temporary structures and uses are permitted only after obtaining a temporary use permit from the Planning
Director, and as follows:
A. In the CC, CL, CG, CH and CB zones:
1. Christmas tree sales from November 26 to December 31.
2. Fireworks sales from June 23 to July 5.
3. Nonprofit organizations' fund-raising sales if the nonprofit status of said organization is recognized
by the Internal Revenue Service, not to exceed 15 days in any 60-day period.
B. In the CH zone, other temporary uses may be allowed for a period not to exceed 15 days in any 60-day
period. Use of a parcel for more than one temporary use in any 60-day period shall be subject to site
plan review in accordance with all standards of DCC Title 19.
C. All temporary uses allowed by DCC 19.88.270(A) and (B) shall satisfy the following standards:
1. All necessary permits shall be obtained from the county Environmental Health and Building
Divisions.
2. All signs shall not exceed a combined total of 32 square feet or a sign permit shall be obtained in
accordance with the county sign ordinance.
3. All material employed in the temporary use, such as produce, shelters and debris, shall be removed
by the applicant or property owner at the end of the activity.
4. Access and parking shall be adequate for the use.
(Ord. 88-042 §36, 1988)
19.88.280. Manufactured Homes.
A. General Provisions.
1. Manufactured home parks are permitted with site plan review approval in the RM and RH zones in
accordance with the standards of DCC 19.88.280 and the standards for site plan approval.
2. In addition, manufactured home parks and subdivisions may be planned under the provisions for
planned developments, which may be used to provide for individual ownership of manufactured
homes and sites and common ownership and maintenance of other lands and facilities.
PAGE 11 OF 154-5K - EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
3. Manufactured home subdivisions for Class A manufactured homes are permitted with site plan
approval in the RS zone in accordance with the standards in DCC 19.88.280 and all other provisions
of DCC Title 19. Manufactured home subdivisions for Class B manufactured homes are permitted
as a conditional use in the RS zone in accordance with the standards of DCC Title 19.
4. Nothing in these provisions shall be interpreted as superseding deed covenants or restrictions.
5. Except as otherwise provided by DCC 19.88.280, the standards for subdividing and developing land
within manufactured home parks and subdivisions shall be the same as for all other developments in
accordance with the provisions of DCC Title 19.
6. State Requirements. Where standards for manufactured home developments are established by
state law or Department of Commerce Administrative Rule, such requirements shall be in addition
to the provisions of DCC 19.88.280.
7. Manufactured Housing Construction and Safety Standards Code (also referred to as the HUD
Code). Title VI of the 1974 Housing and Community Development Act (42 U.S.C. 5401 et seq), as
amended (previously known as the Federal Mobile Home Construction and Safety Act), rules and
regulations adopted thereunder (including information supplied by the home manufacturer, which
has been stamped and approved by a Design Approval Primary Inspection Agency, and agent of the
U. S. Department of Housing and Urban Development pursuant to HUD rules), and regulations and
interpretations of said code by the Oregon Department of Commerce, all of which became effective
for manufactured home construction on June 15, 1976, shall be utilized as the minimum
construction standard of the County with which all manufactured home placements shall comply,
except as may be exempted by DCC 19.88.280.
8. Definitions. For purposes of DCC 19.88.280 only, the definitions of terms used herein and not
defined in DCC 19.04.040 shall be as defined in ORS Chapter 446 or Oregon Administrative Rules
Chapter 918, Division 500, as amended.
B. Manufactured Home Classes. For purposes of these regulations, manufactured homes are divided into
the following types:
1. A Class A manufactured home shall:
a. Have more than 1,000 square feet of occupied space in a double section or larger multisection
unit;
b. The manufactured home shall be placed on an excavated and back-filled foundation and
enclosed at the perimeter such that the manufactured home is located not more than 12 inches
above grade;
c. Have wheels, axles and hitch mechanisms removed;
d. Have utilities connected in accordance with the requirements of the Building Codes Agency
and the manufacturer's specifications;
e. Bear an insignia of compliance with the Manufactured Housing Construction and Safety
Standards Code;
f. Have composition, shake, shingle or tile roofing materials. The roof pitch shall be a minimum
of 3/12;
g. Siding materials and trim shall be similar in appearance or complementary to other homes in
the area, including the type, color and horizontal or vertical placement of materials;
h. A garage or carport shall be constructed in conjunction with the placement of the manufactured
home. It shall be of like materials and color to the dwelling;
i. The manufactured home shall be certified by the manufacturer to have an exterior thermal
envelope meeting performance standards equivalent to those required for single-family
dwellings under the state building code as defined in ORS 455.010;.
2. A Class B manufactured home shall:
a. Have more than 750 square feet of occupied space in a single, double, expando or multisection
unit (including those with add-a-room units);
b. Be placed onto a permanent foundation as required in DCC 19.88.280(C)(2);
c. Have wheels, axles and hitch mechanisms removed;
PAGE 12 OF 15154-5 - EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
d. Have utilities connected in accordance with manufacturer's specifications and Oregon
Department of Commerce requirements;
e. Bear an insignia of compliance with the Manufactured Housing Construction and Safety
Standard Code as of June 15, 1976;
f. Have composition, shake, shingle or tile roofing materials and a minimum pitch of 2/12;
g. Have nonreflective siding materials and trim typical of new conventional built homes within the
community;
h. Have a carport or garage of like materials and color;
3. A Class C manufactured home shall:
a. Have more than 320 square feet of occupied space in a single, double, expando or multisection
unit (including those with add-a-room units);
b. Be placed onto a support system in accordance with approved installation standards as specified
in DCC 19.88.280(C)(2);
c. Be enclosed with foundation siding/skirting in accordance with approved installation standards
as specified in DCC 19.88.280(C)(2);
d. Have utilities connected in accordance with manufacturer's specifications and Oregon
Department of Commerce requirements;
e. Bear an insignia of compliance with the Manufactured Housing Construction and Safety
Standards Code as of June 15, 1976;
f. Be in good repair and free of structural, electrical, mechanical and plumbing defects, any of
which must be corrected prior to placement.
4. A Class D manufactured home is any manufactured home built prior to June 15, 1976, and under
ORS Chapter 446 is not defined as a recreation vehicle. For purposes of determining
appropriateness for placement, Class D manufactured homes shall:
a. Have more than 320 square feet of occupied space;
b. Be placed onto a support system in accordance with approved installation standards as specified
in DCC 19.88.280(C)(2);
c. Be enclosed with foundation siding/skirting in accordance with approved installation standards
as specified in DCC 19.88.280(C)(2);
d. Have utilities connected in accordance with manufacturer's specifications and Oregon
Department of Commerce requirements;
e. Be in good repair and free of structural, electrical, mechanical and plumbing defects, any of
which must be corrected prior to placement.
C. Manufactured Home Placement Standards. All manufactured homes placed within the Bend Urban
Area after the effective date of DCC Title 19 shall comply with the following:
1. As defined in DCC 19.88.280(B), each manufactured home shall be classified as Class A, B, C or
D, and shall be permitted within the following areas:
a. Class A - Permitted in the UAR-10, SR 2 1/2, RS, RL, RM and RH zones, in manufactured
home parks and as replacement to existing nonconforming manufactured homes.
b. Class B - Permitted in manufactured home subdivisions approved as a conditional use in the RS
zone and manufactured home parks, also permitted as replacements for existing nonconforming
manufactured homes which would be classified as Class B, C or D.
c. Class C - Permitted in all manufactured home parks. Also allowed as replacements for existing
nonconforming manufactured homes in a manufactured home subdivision or park for units
which would be classified as Class C or D and as replacements to any other Class D unit.
d. Class D - Permitted only in manufactured home parks.
2. Foundations/Skirting Support Systems.
a. All load-bearing foundations, supports and enclosures shall be installed in conformance with
the regulations of the Building Codes Agency and with the manufacturer's installation
specifications (reference Oregon Administrative Rules Chapter 814, Division 23).
PAGE 13 OF 154.543 - EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
D.
E.
b. All Class A and Class B manufactured homes outside of manufactured home parks shall be
placed on an excavated and back-filled foundation and enclosed at the perimeter such that the
manufactured home is located not more than 12 inches above grade. The underfloor area shall
contain a 24" X 30" exterior access for maintenance of utilities.
c. Class A and B manufactured homes located in manufactured home parks and Class C and D
manufactured homes must have enclosed perimeters as specified above or be installed with an
approved foundation siding/skirting enclosing the entire perimeter of the home. Foundation
siding/skirting and backup framing shall be weather-resistant, noncombustible or
self-extinguishing materials which blend with the exterior siding of the home. Materials below
grade level and for a minimum distance of six inches above finish grade shall be resistant to
decay or oxidation. The siding shall be installed in accordance with manufacturer's
recommendation or approved equal standards.
3. Except for a structure which conforms to the state definition of a manufactured home accessory
structure, no other extension shall be attached to a manufactured home, except a garage or carport
constructed to the Oregon State Structural Specialty Code.
4. All manufactured home lots and spaces shall be provided with storm drainage, sanitary sewer,
electric, telephone and potable water utility services with easements dedicated where necessary to
provide such services. All such utilities shall be located underground unless waived by the
Planning Director where underground service would require an exception to local prevalent
conditions.
5. Manufactured homes shall not be used for living purposes unless connected to local water, sewers
and electrical systems.
Manufactured Home Subdivisions.
1. Lot Size and Dimension Requirements. The minimum lot area and dimensions within a
manufactured home subdivision shall be the same as that allowed within the zone.
2. Permitted Uses. Manufactured home subdivisions may contain manufactured homes and related
accessory structures.
3. Setbacks. Setbacks for manufactured homes, modular homes and accessory structures shall be the
same as provided in the zone, except that no manufactured home shall be located within 15 feet of
another manufactured home.
Manufactured Home Parks.
1. Minimum Area Required. All manufactured home parks shall consist of a minimum area of five
acres.
2. Density. The maximum number of manufactured homes allowed within a manufactured home park
shall not exceed 10 units per acre. The average area of a manufactured home site shall not be less
than 4,000 square feet, excluding roadway, recreation areas and other accessory facilities. No
manufactured home site shall be less than 2,000 square feet in area.
3. Access. Manufactured home park accesses shall be located on public streets improved to a
minimum width of 36 feet and which are improved to a point intersecting a collector or arterial
street.
4. Permitted Use. Manufactured home parks may contain manufactured homes and accessory
structures permitted in DCC 19.76, community laundry and recreation facilities and other common
buildings for use by park residents only, and one residence which may be other than a manufactured
home for the use of a caretaker or a manager responsible for maintaining or operating the property.
5. Minimum Site Requirements.
a. Park Streets. The minimum surfaced width of the roadway within an accessway shall be 24 feet
if there is no parking allowed and 30 feet if parking is allowed on both sides. The first 50 feet
of the accessway, measured from the public street, shall be surfaced to a minimum width of 30
feet and shall be connected to the existing public street according to plans approved by the
County Public Works Department.
PAGE 14 OF 154-5-1- - EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
b. Improvement Standards. The improvement of driveways, walkways, streets, drainage and other
utilities shall conform to adopted state standards for such or shall conform to the county's
standard specifications manual, whichever is more restrictive.
(Ord. 91-001 §§6-10, 1991, Ord. 88-042 §36, 1988)
19.88.290. Farm Stands.
Farm stands may be permitted within the UAR-10 zone subject to DCC 19.76, provided the following
special use standards are also established:
A. The minimum lot size of the subject parcel is at least ten (10) acres;
B. The subject parcel is receiving non-exclusive farm use agricultural tax deferral;
C. The subject parcel is improved with a single-family dwelling;
D. 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 the
promotional activity do not make up more than 25 percent of the total annual sales of the farm
stand; and
E. 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 structures for banquets, public
gatherings or public entertainment.
(Ord. 2008-14, §3, 2008)
PAGE 15 OF 1544K - EXHIBIT "B" TO ORDINANCE 2008-014 (03/31/2008)
Economic Development Fund
Discretionary Grant Program
Organization: Des Chutes Historic Museum (Deschutes County Historical Society)
Organization Description: The museum, which is located in the historic Reid School,
primary focus is on the preservation, promotion and celebration of local history.
Project Name: Evening of Nostalgia 2008 - 1950's Style
Project Description: This event is one of several fundraisers held by the museum
throughout the year. The requested grant funds will be used to purchase items to fill a
large gift basket, which will be raffled at the event. The money raised by the event will
go toward collection care, new exhibits, programs, classes and sponsorship of new
publications.
Project Period: Event April 12, 2008
Amount of Request: $200
Previous Grants:
• July 2007 - $10,000 ($5,000 Daly, $2,500 Luke, $2,500 Baney)
• April 2007 - $5,061 Dark Room ($3,061 Daly, $1,500 Baney, $500 Luke)
• July 2006 - $10,000 Two-Year Stability Campaign ($10,000 Daly)
• August 2005 - $10,000 Third Floor Restoration ($10,000 Daly)
• October 2001 - $300 Remembrance ($100 Daly, $100 Luke, $100 DeWolf)
• May 2001 - $500 ($500 DeWolf)
VK
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o Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
DESCHUTES COUNTY ECONOMIC DEVELOPMENT FUND
DISCRETIONARY GRANT PROGRAM APPLICATION
Direct Application to:
Commissioner Tammy Baney C~ Commissioner Michael M. Daly
Commissioner Dennis R. Luke All Three Commissioners X
Date: 3' ~5 og Project Name: EveNr^lG OF tiDS74Z Q,¢ 9-00 /q So s 7i
Project Beginning Date: 14"912-iC. 121 1<708' Project End Date: ~`h°~zic. /Z, Zvpg
Amount of Request: ~ Zoo • Date Funds Needed: S Sao._,, .15 A~~y ~
Applicant/Organization: rJ~yt Se5 ~ C4L Tax ID 51-0'~6079
Address: 1 Z Nw ~~4ftb City & Zip: D, Oil 9770/
Contact Name(s): [,14C_
?t~ C#fvAJ o~v _ Telephone: v? Fg - ! 3
,AAIA N ~Uf}iy SON
Fax: 3 J q3 j Alternate Phone: 33p_ y~, •~o Email: l~Ec.t
Q~r
On a separate sheet, please briefly answer the following questions:
1. Describe the applicant organization, including its purpose, leadership structure, and activities.
2. Describe the proposed project or activity.
3. Provide a timeline for completing the proposed project or activity.
4. Explain how the proposed project or activity will impact the community's economic health.
5. Identify the specific communities or groups that will benefit.
6. Itemize anticipated expenditures*. Describe how grant funds will be used and include the
source and amounts of matching funds or in-kind contributions, if any. If the grant will
support an ongoing activity, explain how it will be funded in the future.
Attach:
Proof of the applicant organization's non-profit status.
* Applicant may be contacted during the review process and asked to provide a complete line item budget.
Amount Approved:
By:
Date:
Declined: By: Date:
1. Describe the applicant organization, purpose, leadership structure and activities:
Description:
Since 1980, the Des Chutes Historical Museum has been located in the historic Reid School,
located at 129 NW Idaho, Bend. The Museum abounds with history and relics of the past lives
of Deschutes County. Explore this and more inside Reid School, itself a historic landmark for
Deschutes County. Bend's first modern school building, Reid School opened September 1914 to
241 pupils. The school's name honored Ruth Reid, who arrived in Bend in 1904 as a teacher.
Mrs. Reid later served as a principal for the school district and married H.J. Overturf.
In 1977, the building was de-commisioned by the Bend La Pine School District. Through a land
exchange with Deschutes County, Reid School became a county property. The Deschutes County
Commissioners entered into a lease with the Deschutes County Historical Society for the purpose
of establishing a museum.
Purpose:
The mission of the Des Chutes Historical Society is to preserve, promote and celebrate our local
history. The vision for the Historical Museum is to develop a vibrant museum and community
center dedicated to education, research, and appreciation for our unique history, a living legacy
that grows with each new generation.
Leadership Structure:
The Des Chutes Historical Society has 16 board members, and 4 executive board members that
meet once a month to further the Museum as a Central Oregon educational attraction. The
Museum has one director and three staff members and thrives with the precious help of
numerous volunteers.
Annual activities:
Author Afternoons-Monthly
The Des Chutes Historical Museum is pleased to present afternoon sessions with local authors,
from a variety of fields, discussing their writing, research, and what drives them to write.
Evening of Nostalgia - April 12, Fabulous 50's What more could you ask for - an chance to
dress up in your favorite 50's styles, socializing with friends, dancing to 50's music, wonderful
food and a large raffle featuring great items.
Historical Society Garage Sale June 28, The Museum's garage sale has hundreds of wonderful,
pre-used items for sale.
Ice Cream Social, 4th of July, held on the lawn of the Museum, this annual event features free
ice cream for everyone and is free and open to the public.
Cemetery Walk, October 2008 - Enjoy wandering through the graves of some of Central
Oregon's most fascinating residents. Hear about their lives, where they came from and how they
changed the face of Central Oregon. Featuring local community actors and volunteers as the
deceased!
Annual Chili Feed and Holiday Bazaar, November 2008 - Enjoy a bowl of Milli's famous
chili and shop for unique Christmas gifts, handmade by Museum volunteers.
2. Describe the proposed project or activity:
The requested lottery grant donation will go towards purchasing items to fill a large gift
basket to be raffled off at the 2°d Annual Evening of Nostalgia, August 12.
3. Provide a timeline for completing the proposed project or activity:
Items will be purchased for the gift basket when County lottery dollars have been
awarded to the Museum. The basket will be arranged and raffled the evening of this
year's event, Saturday, April 12.
4. Explain how the proposed project or activity will impact the community's economic
health:
Event and raffle ticket proceeds will aid the Museum in collections care, new exhibits,
programs, classes and the sponsorship of new publications such as local historian Jim
Crowell's "Frontier Publisher." The proceeds from this year's Evening of Nostalgia will
benefit the Museum's ability to improve exhibits and programs. These improvements will
increase the organization's sustainability, and financially enable staff to increase
marketing the attraction to locals and tourists. Increased exposure of the Museum to
visitors will provide one more entertainment and educational option, possibly increasing
night stays in the area.
5. Identify the specific communities or groups that will benefit:
a. Evening of Nostalgia, 2008 raffle participants and basket winner
b. Des Chutes Historical Museum serves and benefits the communities of Bend,
Sunriver, La Pine, Redmond and Sisters
c. Future customers of the Des Chutes Historical Museum
6. Itemize anticipated expenditures:
The requested $200 lottery grant fund will be a one-time request for this fiscal year. The
funds will not be used for operations or an on-going activity. Items to be included in the
large gift basket will follow a theme. A Museum board member will purchase items
following that theme from local businesses and will also request donated items if they are
available.
Basket= $50
Basket items= $150
Total= $200
P.U. box 21224 , Seattle, WA 1)8111
Address any reply to:
Dop~G ~oW{~ e Qo
CONTACT: Mercedes Sison
TELEPHONE : (206) 4142-4747
EP/DO:BOl:VSO
DB~~~~d4 DBQQC~40Q
lnternal'Revenue Service
Date: ) In reply refer to:
DEC 27 1976 I L-178, Code 428
SEA: DO : 77--268
c> -Deschutes County Historical Society
2 N.V. Greenwood
Bend, OR 97701
Dear Applicant:
Based on information supplied, and assuming your operations will
be as-stated in your application for recognition of exemption, we
have determined you are exempt from Federal income tax under section
501(c)(3) of the Internal Revenue Code.
We have further determined you are not a private foundation within
the meaning of section 509(a) of the Code, because you are an
organization described in section 33D( (~1 W vi) and 509(a)(1)•
You are not liable for social security (FICA) taxes unless you
file a waiver of exemption certificate as provided in the Federal
Insurance Contributions Act. You are not liable for the taxes imposed
under the Federal Unemployment Tax Act (FUTA).
Since you are not a private foundation, you are''not subject to
the excise taxes under Chapter 42 of the Code. However, you are not
automatically exempt from other Federal excise taxes. If you have any
questions about excise, employment, or other Federal taxes, please
let us know.
Donors may deduct contributions to you as provided in section
170 of the Code. Bequests, legacies, devises, transfers, or gifts to
you or for your use are deductible for Federal estate and gift tax
purposes if they meet the applicable provisions of sections 2055,
2106, and 2522 of the Code.
If your purposes, character, or method of operation is changed,
please let us know so we can consider the effect of the change on
your exempt status. Also, you should inform us of all changes in your
name or address.
(over) Form L-178 (Rev. 8-79)
If your gross receipts each year are normally more than 85,000,
you are required to file Form 990, Return of Organization Exempt
From Income Tax, by the 15th day of the fifth month after the end.
of your annual accounting period. The law imposes a penalty of $10
a day, up to a maximum of $5,000, for failure to file a return on time.
You are not required to file Federal income tax returns unless
you are subject to the tax on unrelated business income under section
511 of the Code. If you are subject to this tax, you must file an income
tax return on Form 990-T. In this letter we are not determining whether
any of your present or proposed activities are unrelated trade or
business as defined in section 513 of the Code.
You need an employer identification number even if you have no
employees. If an employer identification number was not entered on
your application, a number will be assigned to you and you will be
advised of it. Please use that number on all returns you file and in
all correspondence with the Internal Revenue Service.
Please keep this determination letter in your permanent records.
Sincerely yours,
Michael Sassi
District Director
This determination is issued with the understanding that you wi11
provide the Internal Revenue Service with a copy of the Amendments to your
Articles of Incorporation which bears the stamp of the proper State
authority as soon as it is available.
Form L-178 (Rev. 8-73)